South Korea violates international law of the sea by not allowing the Japan Maritime Self-Defense Force the right of innocent passage - The Rising Sun flag is a reminder of the past.

Photo by AMANO Jun-ichi (licensed under CC BY 3.0)

The right of innocent passage is a right granted to United Nations member states

International law of the sea provides ships with the right of innocent passage. Even if ships are within the territorial waters of a coastal state, they may pass without obtaining prior permission from the coastal state, provided that the navigation is not considered harmful as stipulated in Article １９-２ of the United Nations Convention on the Law of the Sea. Thing. In this case, you will need to display the flag of your affiliation. It is a national flag or military ensign.

South Korea rejects the Maritime Self-Defense Force because of the Rising Sun flag

When considering the Rising Sun flag issue in terms of the meaning of this treaty, South Korea does not recognize the right of innocent passage to the Japanese Maritime Self-Defense Force, even though it has ratified the International Convention on the Law of the Sea. In other words, it is a violation of international law. On the other hand, Japan recognizes the right of innocent passage for Korean ships. The reason is that Japan has ratified the International Convention on the Law of the Sea.

Violation of China's territorial waters does not fall under innocent passage

In response to a question in the Diet about the relationship between Chinese ships repeatedly invading territorial waters around the Senkaku Islands and the right of innocent passage, the government decided in June ２０２１ that this does not constitute innocent passage as recognized under international law. expresses an opinion. The reason for this is that China claims sovereignty over the Senkaku Islands, which are part of Japan's territory, and that violating its territorial waters does not constitute innocent passage, but on the contrary, it is a violation of international law.

Because it reminds me of the past...?

Has the South Korean government ever issued an official opinion regarding the Rising Sun flag and the right of innocent passage for Japanese ships, including those of the Japan Maritime Self-Defense Force? It should be released. Saying that you don't like it because it reminds you of the past is no basis for denying the right of innocent passage. This is because there is no such thing in Article １９-２ of the United Nations Convention on the Law of the Sea, which states that navigation is considered harmful.