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S E C R E T SECTION 01 OF 03 TOKYO 002625 
 
SIPDIS 
 
E.O. 12958: DECL: 09/23/2023 
TAGS: PREL MOPS PARM JA PINR NATO
SUBJECT: CLUSTER MUNITIONS: JAPAN STILL WORKING CCW AND 
OSLO PROCESS 
 
Classified By: Ambassador J. Thomas Schieffer. Reasons 1.4 (b) and (d). 
 
¶1. (S) SUMMARY: Japan still expects to sign the Oslo 
Convention banning cluster munitions (CM) on December 3, 
Ministry of Foreign Affairs Deputy Director-General Asahiko 
Nakajima told Political-Military Affairs Bureau Deputy 
Assistant Secretary of State Ganyard on September 10.  At the 
same time, Japan will continue to cooperate with the United 
States to reach consensus on a binding protocol on CM during 
the November meeting of the Convention on Conventional 
Weapons (CCW).  Japan still views Article 21 of the Oslo 
Convention as allowing USFJ operations, including transport 
and storage, involving CM.  However, Japan is very concerned 
that when the public learns of the UK request to the United 
States to remove CM from its territory, the Government of 
Japan will face domestic political pressure to follow suit. 
Even more worrisome is a potential ruling by the UK Attorney 
General that the Oslo Convention legally compels this request 
by the UK, as this could undermine the Japanese Government's 
legal interpretation of Article 21.  DDG Nakajima asked DAS 
Ganyard to provide a continual flow of information on 
interactions with the UK on this issue.  DAS Ganyard thanked 
Japan for its efforts to protect U.S.-Japan interoperability, 
agreed with the need for cooperation at the CCW and said he 
would keep Japan informed of the discussions with the UK. 
End Summary. 
 
Oslo Convention 
--------------- 
 
¶2. (S) Japan anticipates signing the Oslo Convention banning 
CM on December 3, MOFA Disarmament, Non-proliferation and 
Science Department and Foreign Policy Bureau Deputy 
Director-General Asahiko Nakajima told State Department 
Bureau of Political Military Affairs Deputy Assistant 
Secretary for Plans, Programs and Operations Stephen T. 
Ganyard during a September 10 meeting that included 
representatives from U.S. Forces Japan (USFJ) and the 
Ministry of Defense.  The Government of Japan is studying how 
to destroy its existing CM stockpiles and what alternative 
systems to purchase to fill the capability gap.  Japan still 
views Article 21, Paragraph 3, of the Oslo Convention as the 
legal basis for allowing unhindered continuation of USFJ 
operations involving CM, including transport and storage by 
the Japan Self Defense Forces and private Japanese entities, 
DDG Nakajima said.  DAS Ganyard thanked DDG Nakajima for 
Japan's efforts during the Oslo Process to protect U.S.-Japan 
armed forces interoperability and the ability of the United 
States to employ CM in the defense of Japan. 
 
Convention on Certain Conventional Weapons (CCW) 
--------------------------------------------- --- 
 
¶3. (S) DDG Nakajima said significant progress was made at the 
fourth CCW Government Experts Meeting in Geneva and called 
for continued cooperation with the United States, especially 
on negotiations over Article 3 and Article 4.  It is 
important to Japan, and for the CCW's credibility, that 
consensus is reached on a strong, legally binding protocol on 
CM during the next round of meetings in November.  Two groups 
are obstacles to this conclusion -- one is the Oslo core 
group of nations, who feel the CCW waters down the Oslo 
Convention language, and another is a group led by Russia and 
China.  DDG Nakajima said Russia's concerns with a protocol 
on CM are more financial than military, as Russia is looking 
at the high costs over 13 years to dispose of its CMs and to 
buy alternative systems.  However, Russia's representatives 
seem to have taken a more reasonable line during recent 
discussions at the CCW, DDG Nakajima observed, so perhaps 
Russia could be moving closer to Japan's position.   DASD 
Ganyard said the United States looks forward to continued 
cooperation with Japan in the CCW to develop a protocol that 
includes the right balance between the military necessity and 
the humanitarian concerns associated with CM. 
 
UK's Request to United States to Remove CM 
------------------------------------------ 
 
¶4. (S) DDG Nakajima asked DAS Ganyard for an update on U.S. 
discussions with the UK over the removal of U.S. CM from UK 
territory.  Japan is particularly concerned with the method 
of notification, because if the UK request becomes public, 
the Government of Japan will face domestic political pressure 
to follow suit.  Japan hopes the UK request, U.S.-UK 
discussions and follow-on actions will be kept as low key as 
possible.  This will help limit the possibility that Japanese 
politicians, NGOs and the general public will loudly call on 
the Government of Japan to make the same demand of the United 
States, DDG Nakajima said. 
 
¶5. (S) DAS Ganyard said he understands Japan's concern and 
expressed disappointment with the UK decision to ask the 
United States to remove its CM from the British Isles within 
10 years.  DAS Ganyard said he would make clear to the 
British that the decision affects the U.S. ability to 
cooperate with, defend and otherwise meet treaty obligations 
to its other allies.  When he visits London in the coming 
weeks to negotiate the process and language of the official 
written notification, expected to be a letter from Foreign 
Secretary Milliband to Secretary Rice, he would urge the UK 
to keep the issue as low profile as possible.  However, as 
the UK is bowing to domestic political and NGO pressure in 
taking this action, HMG will likely feel compelled to 
publicize its actions. 
 
¶6. (S) DAS Ganyard said he expects the letter to the United 
States to reflect an upcoming ruling by the UK Attorney 
General on how binding the Oslo Convention is on the UK.  DDG 
Nakajima expressed strong concern that  a ruling that the 
Oslo Convention makes it illegal for U.S. CM to be stored in 
the UK will undermine the Government of Japan's 
interpretation and explanation that Article 21 legally allows 
USFJ to store CM in Japan.  DDG Nakajima requested a 
continual flow of information from and coordination with the 
United States regarding its interactions with the UK that 
could have critical ramifications on operations of the U.S. 
military in Japan. 
 
U.S. Operations Involving CM 
---------------------------- 
 
¶7. (S) DDG Nakajima said he expects the Diet, during its 
deliberation on the Oslo Convention, to ask questions 
regarding the U.S. military's planned use of CM.  The key 
question will be whether the United States would drop CM on 
Japanese soil.  The public and the Diet would accept that the 
U.S. military would use CM against North Korea to defend 
Japan, but would have a much harder time accepting the usage 
of CM on Japanese soil, according to DDG Nakajima.  DAS 
Ganyard suggested that the responses focus on the legitimate 
military necessity of CM for the defense of Japan, that any 
U.S. employment would be at minimal levels to get the job 
done, and that over the next ten years the United States will 
ensure that its CM stocks have less than a one percent 
unexploded ordinance rate. 
 
¶8.  (S) COMMENT: Within the ruling Liberal Democratic Party 
(LDP), there is an influential group of Diet members who are 
vocally against CM.  The Japanese government went out on a 
limb by supporting the inclusion of Article 21, and while 
committed to ensuring U.S. CM remain in Japan, it faces a 
tough time defending this decision against these and other 
forces in the Diet.  When the UK announcement becomes public, 
we can expect loud voices, on both sides of the aisle, to 
state that if the UK, the premier ally of the United States, 
has asked the United States to remove CM, there is no reason 
for Japan not to do the same. To counter this, Post 
recommends a regular flow of information to Japan regarding 
talks with the UK to allow MOFA and MOD, in coordination with 
post and USFJ, to start formulating Diet strategies. 
 
¶9. (S) Bio information: DDG Nakajima, born on December 3 
(year unavailable), speaks excellent English. 
 
¶10. (U) This cable as been cleared by DAS Ganyard. 
SCHIEFFER