Japan removes legal barrier to shooting down spy balloons

Japan has removed a legal barrier to shooting down suspicious objects flying in its airspace amid fears the country must increasingly contend with intrusions by foreign spy balloons.

The Defense Ministry announced the new policies on Feb. 16 that allow the Self-Defense Forces to use weapons to destroy trespassing unmanned airborne vehicles when it is necessary to protect the lives and property of people on the ground or ensure flight safety in the country’s airspace.

This includes situations that do not fall into the categories of self-defense and emergency evacuation, the two conditions under which the use of arms was allowed in the previous policies.

Balloons and airships can pose a threat to aircraft if they carry hazardous substances or lose control and blow astray, the ministry explained. Such unmanned objects typically do not respond to warnings, officials added.

Shunji Izutsu, the Air SDF’s chief of staff, said he believes balloons can easily be destroyed with an “air-to-air missile from our jets or by other means.”

The move comes days after the ministry announced it has reasons to believe that unidentified objects spotted in Japan’s airspace between 2019 and 2021 were Chinese spy balloons.

That followed a high-profile international incident where the U.S. military shot down what it called a Chinese spy balloon over U.S. airspace earlier this month.

The Defense Ministry carefully avoided addressing when it would be necessary to protect people’s lives and property on the ground and ensure flight safety, as shooting down a foreign object could trigger a diplomatic row.

A ministry official said it would depend on the circumstances, but no less than “the right approach will be taken.”

Article 84 of Japan’s SDF Law states that necessary measures can be taken to protect people’s lives and property.

The use of weapons is justified for self-defense and emergency evacuations, according to the government’s interpretation of the legislation.

What policymakers initially had in mind was a situation where manned military planes venture into the country’s airspace.

However, the government is now pressed to change the interpretation to meet the new threat posed by unmanned flying objects.