Lot 54D423
Unsigned Draft of Bilateral Agreement
Agreement Between the United States of America and Japan for Collective Self-defense Made Pursuant to the Treaty of Peace Between Japan and the Allied Powers and the Provisions of Article 51 of the Charter of the United Nations
preamble
Japan has this day signed a Treaty of Peace with the Allied Powers. On the coming into force of that Treaty, Japan will not have the means to exercise her inherent right of self-defense because, pursuant to the Surrender Terms,1 Japan has been disarmed.
There is danger to Japan in this situation because irresponsible militarism has not yet been driven from the world.
The Treaty of Peace gives Japan the right to enter into collective self-defense arrangements with one or more of the Allied Powers and the Charter of the United Nations recognizes that all nations possess an inherent right of individual and collective self-defense.
In exercise of these rights, Japan desires, as a provisional arrangement for her defense, that the United States, which is one of the Allied Powers, should maintain armed forces of its own in and about Japan so as to deter armed attack upon Japan.
The United States, in the interest of peace and security, is presently willing to maintain certain of its armed forces in and about Japan, in the expectation, however, that Japan will itself increasingly assume responsibility for the defense of its own homeland against direct and indirect aggression, always avoiding any armament which could be an offensive threat or serve other than to promote peace and security in accordance with the purposes and principles of the United Nations Charter.
Accordingly:
1. Japan grants, and the United States accepts the right, upon the coming into force of the Treaty of Peace and of this Agreement, to station United States land, air and sea forces in and about Japan. Such dispositions would be designed solely for the defense of Japan against armed attack from without and any forces contributed pursuant hereto would not have any responsibility or authority to intervene in the internal affairs of Japan. Assistance given at the express [Page 857] request of the Japanese Government to put down large-scale internal riots and disturbances in Japan would not be deemed intervention in the internal affairs of Japan.
2. During the exercise of the right referred to in Article 1, Japan will not grant, without the prior consent of the United States, any bases or any rights, powers or authority whatsoever, in or relating to bases or the right of garrison or of maneuver, to any third power.
3. The conditions which shall govern the stationing of armed forces of the United States in and about Japan shall be determined by administrative agreements between the two Governments.
4. This Agreement shall expire whenever in the opinion of the Governments of the United States and of Japan there shall have come into force such United Nations arrangements or such alternative individual or collective security dispositions as will satisfactorily provide for the maintenance by the United Nations or otherwise of international peace and security in the Japan area.
- For text of the instrument of surrender signed aboard U.S.S. Missouri in Tokyo Bay, September 2, 1945, see Department of State Executive Agreement Series (EAS) No. 493, or 59 Stat. (pt. 2) 1733.↩