Last Update: Oct 29, 2013
Initial Disclosure Date: Oct 24, 2013

On October 23, 2013, Prime Minister Shinzo Abe stated at a meeting of the Upper House’s Budget Committee that cyber-attacks can bring quite significant damages and he recognizes the importance of the issue to Japan's national security. He also emphasized that the government should make a decision on a case-by-case basis but generally speaking, he believes that Japan can deal with cyber-attacks by invoking the right of self-defense when those cyber-attacks constitute part of armed attacks.

Prime Minister needs to have a meeting of the Security Council and Cabinet in order to receive approval from the Security Council and Cabinet prior to ordering defense mobilization to armed attacks. Following that, he or she is also required to obtain approval from the Diet. In emergency, he or she can order defense mobilization without Diet’s approval. Yet, when the Diet disapproves, Prime Minister has to order the Self-Defense Forces to withdraw immediately.

Prime Minister Abe’s comment aligns with Japanese Ministry of Defense’s first cybersecurity guideline in September 2012 and Japan’s first Cybersecurity Strategy in June 2013. The documents argue that the Self-Defense Forces are responsible to deal with cyber-attacks when they constitute part of armed attacks because such cyber-attacks are considered to satisfy the first prerequisite to invoke the right of self-defense. Japan, however, has not explained what “armed attacks” mean in cyberspace and how Japan can or should deal with such cyber-attacks.

Sources:

1. Ministry of Defense, “Boei-sho Jieitai niyoru saiba kukan no antei-teki koka-teki na riyo ni mukete [To use cyberspace effectively and stably by the Ministry of Defense and Self-Defense Forces],” September 2012,
   http://www.mod.go.jp/j/approach/others/security/cyber_security_sisin.html
2. Information Security Policy Council, “Cybersecurity Senryaku  Sekai wo sosen suru kyojin de katsuryoku aru saiba kukan wo mezashite [Cybersecurity Strategy  to become a world leader to make cyberspace dynamic and robust],” June 10, 2013,
   http://www.nisc.go.jp/active/kihon/pdf/cyber-security-senryaku-set.pdf , 33
3. Jiji, “Saiba kogeki heno taisho kyoka = Abe Shusho ‘Jieiken hatsudo mo kano’  Shuin Yosan-i [At a meeting of the Upper House’s Budget Committee, Prime Minister Abe stated that Japan can invoke the right of self-defense to counter cyber-attacks],” October 23, 2013,
   http://www.jiji.com/jc/c?g=pol_30&k=2013102300688
4. NHK News, “Rachi mondai no kaiketsu mezasu ketsui kyocho [Prime Minister Abe emphasized on his determination to resolve the abduction issue],” October 23, 2013,
   http://www3.nhk.or.jp/news/html/20131023/k10015500331000.html

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