While I am certainlly no fan of the ACLU, there are times when they serve their intended purpose of helping to protect the rights of individuals when the governement attempts to violate them.  Sadly Japan is lacking an ACLU or  CBLDF* .  Yet more unconstitutional and unethical actions by the Japanese police, being aided and abetted by the courts no doubt.  A brief overview from Hisei Democracy.

     In the light of the recent arrest of a doujin artist on obscenity charges we take a look back at the past five years in the history of free speech regulation and litigation vis a vis drawn pornography in Japan. We examine the current state of affairs and speculate as to the fate of the free speech right enshrined in article 13 of Japan’s constitution, one that now seems to rest on a very fragile footing indeed.

     The first challenge to freedom of artistic expression came in the fall of 2002 in the form of the arrest of manga artist Beauty Hair as well as the president and editor in chief of Shobunkan Co. for the publication of eromanga compilation Misshitsu. This was the first ever arrest on obscenity grounds of a mangaka, and resulted in a prison sentence (later reduced to a fine) for the publishing house president. Icarus has coverage of the recent developments in the case, as does ComiPress. As Simon of Icarus points out, Beauty Hair is still active and his more recent work is readily available (albeit highly censored compared to earlier fare).

And a brief bit of background from the Icarus Publishing Blog.

     The irony is that there had been no significant obscenity case for several decades up until recently, because censors were finding themselves on the losing end in both the judicial court and the court of public opinion.  Had they continued pushing, the Japanese obscenity statute could have been in danger of being repealled completely.  But with the Misshitsu case, in which the judge flat-out ignored pro-defense testimony from legal and social experts, the moral crusaders and prosecutors found new life.  So while such cases are never good for the individuals involved, the very tiny potential silver lining is that this may get the public to pay attention to the issue of free speech again, and perhaps the question of whether article 175 has any place in modern Japan may be settled once and for all.

      So what is it I mean by the acts of Japanese governement being unconstitutional, I shall explain in detail.  First let us examine the appropriate section of the Japanese criminal code, namely Article 175 of Chapter XXII of the Criminal Code of 1907, as Amended, March 08, 2006.

Article 175. (Distribution of Obscene Objects)
A person who distributes, sells or displays in public an obscene document, drawing or other objects shall be punished by imprisonment with work for not more than 2 years, a fine of not more than 2,500,000 yen or a petty fine. The same shall apply to a person who possesses the same for the purpose of sale.

     The first noteable thing about this article is the lack of definition of just what is obscene, this is the first area where the constitutionality of the law comes into question.  In the US this law would be struck down for being "Vague and Overly Broad".  Meaning that the lack of a clear definition of what obscenity is allows for too many contradictory and conflicting definitions as to what would constitute a violation of the law.  What is rather insidous and odious about Japanese obscenity law is how it is enforced as defined, or rather not defined by Section 1, Article 180 of Chapter XXII of the criminal code.

     Article 180. (Complaints)
(1) The crimes prescribed for in Articles 176 through Article 178 and attempts of the above-mentioned crimes shall be prosecuted only upon complaint.
(2) The provision of the preceding paragraph shall not apply when the crimes proscribed under Article 176, paragraph 1 of Article 178 or attempts of the above-mentioned crimes are committed jointly by two or more persons who are at the scene of crime.

      The deliberate absence of Article 175 in Section 1 of Article 180 means that rather than requiring a complaint from a citizen to the police, the police themselves may charge such a violation of their own volition.  In concept this meant only to happen when such an act ocurs in plain view of an officer, otherwise most  such actions would be based upon a complaint.  The Japanese police however have shown of late that they are, likely with the encouragement of prosecutors and possibly judges, seeking out what they see as violations of Article 175.  This is to turn the whole concept of innocent until proven guilty on its ear, when the police stop being impartial investigators and actively seek out violations of the law that are not based upon strict technical definitions (like speeding, running a stop sign, shoplifting etc) they are to an extent acting as judge and jury because the have to make a personal judgement as to wether or not the material in question is in their opinion a violation of Article 175.

      One thing that I found most disturbing while reading the Japanese criminal code was the utter lack of definitions as to just what a specific crime entails, and what acts must comitted and conditions must be met to establish a finding of guilt.  This is even more disturbing given that there is currently no form of Jury trial in Japan.  The amount of discretion left in the hands of judges who acting both as finders of guilt and innocence and the decider of points of law and referee between defense and prosecution creates a system that prevents the judge from acting in an impartial manner.  This concern for definitions is no small manner, US laws at both the state and federal levels contain very exacting definitions as to what constitutes a crime and what acts are not crimes and even what certain documents are.  An example from the Kansas Annotated Statues, Chapter 22, Criminal Procedure, Article 22, General Definitions:

(4) "Arrest" means the taking of a person into custody in order that the person may be forthcoming to answer for the comission of a crime.  The giving of  a notice to appear is not an arrest.

(8) "Complaint" means a written statement under oath of the essential facts constituting a crime, except that a citation or notice to appear issued by a law enforcement officer pursuant to and in compliance with K.S.A. 8-2106 and amendments thereto or a citation or notice to appear issued pusuant to and in compliance with K.S.A. 32-1049 shall be deemed a valid complaint if it is signed by the law enforcement officer.

       Now we come to the heart of the matter, the fact that Article 175 is a clear violation of at least one Article of the Japanese constitution and very likely two others as well.  The clear violation is the absolute right to free speech and the clause preventing censorship in Article 21:

Article 21
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.  No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.

      The clarity here is without question, the fact that the Government has enforced censorship upon artists in the name of preventing obscenity is in clear violation of the second sentence of Article 21.  What is all the more agregious is that the Japanese courts have failed in their duty to throw out Article 175 as unconstitutional prior restraint, legally the most offensive form of censorship.  The people have the right to draw whatever they wish, which includes people having sex and showing all of the details up close and personal wether some judge or prosecutor likes it or not.  As for the other two Articles that may be violated by Article 175 are Articles 11 and 13.

Article 13
All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.

 Article 11
The people shall not be prevented from enjoying any of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights.

      The violation of Articles 11 and 13 are subtle but very real, the people being charged are having their rights violated by the government which both articles forbid.  Additionally the guarantee to fundamental human rights includes the frredom of speech and of the press so Article 175 would be unconstitutional for this reason even if Article 21 didn't exsist.  Article 11 plays the same roll here as the ninth amendemnt in the US Bill of Rights, acting as a catch all to aknowledge and reserve to the people any rights not enumerated elsewhere.   The outcome of this case is going to very instructive as to just where Japan is headed in terms of future censorship and what the public at large will do to see to it that their rights are not violated by their government.  I hope that this case will ignite a public debate as to wether Article 175 has any place in the modern net connected world where uncensored porn is a click away.  Conversely I am not too optimistic about the public response, the Japanese as consensus driven society tend to go along with whatever the government puts forward without to much opposition, this along with a lack of strong organizations to help the victims of censorship means that this guy is in for a long and rather rough, not to mention expensive ride through the often questionable Japanese legal system.  I wish him luck, because he is going to need it.

*CBLDF= The Comic Book Legal Defense Fund, they fight these kinds of cases here in the US.  The do very good work, go to their website, and please make a donation, its tax deductable to boot.

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From Fox News:

Family Loses Second Son in Iraq. (Note link to video)

     There is not a whole lot one can say about this, two sons from one family, seven sons from one small town.  My thoughts and prayers are with their families.  Lets us see to it that their sacrifice upon the altar of freedom has not been in vain, let us once more recomitt ourselves to achieving victory.

May these honored dead find peace in death that they knew not in life.

(photo from the Arlington National Cemetery website.)

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Giant sized edition with stories from:  First Multi-National Force Iraq, Defend America, Combined Joint Task Force Horn of Africa and Defense Link.

From Iraq:

Soldiers remember Iraqi man’s sacrifice that saved their lives.

Concerned citizen leads Coalition Forces to large cache of nitric acid.

Iraqi Doctors, Medics Treat Fellow Iraqis.

Iraqi Air Force Conducts First Mission Without U.S. Help.

Volunteers Take Oath for Service to Country.

Road leads to success, confidence restored in Tal ‘Afar.

Coalition Outpost Washash established.

Aid station’s doors open to Iraqi children.

Coalition generals announce progress in Iraq.

Ancient University Opens Rebuilt Student Center.

Dragons found house rigged to explode, caches.

From Afghanistan:

Reconstruction Team to Build 29 Schools.

U.S. Soldiers, Afghans Celebrate Independence.

Airmen Teach Afghan Police Hand-to-Hand Combat.

Local Afghan "Cop" Show a Big Success.

Team Delivers Medical Aid to Afghans.

Afghan, Coalition Forces Offer Assistance.

Army Chief of Staff Visits Afghanistan.

From Africa:

EMF Sailor returns home to Djibouti to support U.S. military mission.

CJTF-HOA Partners with Islamic Relief USA, UPDF to Coordinate Humanitarian Aid for War-Torn Somalia.

U.S. military women reach out to Djiboutian women through discussion.

6th PSC does more than just guard the perimeter.

Through hard work, sacrifice and courage victory will be ours, for our patience knows no bounds and our dedication to our cause is unwavering.

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     This is a good read, but I have to take issue with some of the analysis and pre-occupation with the UN.  Still though go read it and tell me what you think.

Collective self-defense and collective security: what the differences mean for Japan.

 

     Collective self-defense is authorized, along with individual self-defense, by Article 51 of the United Nations Charter. Put simply, if a country in the international system has suffered an armed attack, then any other country has the right, but not the duty, to use armed force against the aggressor in reliance upon the principle of collective self-defense.

     The only preconditions, in addition to the determination that an armed attack has occurred or is irrevocably in motion, are that the use of force is deemed necessary, that the force is proportionate to that used in the attack or the threat posed, and that it is immediate.

     What is crucial to recognize here, however, is that there is no requirement that the U.N. Security Council make any prior determinations, much less authorize the use of force. Thus, if Canada were to launch an armed attack against the United States, to take a far-fetched hypothetical example, and Japan was permitted under its constitution to exercise the right of collective self-defense, then it could use force against Canada under international law (regardless of whether Japan had a mutual security treaty with the U.S.).

     So long as the Japanese government itself came to the conclusion that the U.S. had indeed been the victim of an armed attack, Japan would be free to use force against Canada in reliance on collective self-defense (though the Security Council or the International Court of Justice could subsequently find that the use of force was unjustified, as happened to the U.S. in the case Nicaragua v. The United States of America).

     In contrast, collective security involves the use of force to maintain or restore international peace and security, as authorized by the U.N. Security Council under Chapter VII, and specifically Article 42, of the U.N. Charter. There need be no "armed attack" as a conditional precedent, but merely a determination by the Security Council that there is a threat to the peace, a breach of the peace, or an act of aggression, such that the use of force or other measures are required to maintain or restore international peace and security.

     So the scope of collective security operations is much broader and the threshold for its use much lower, than for collective self-defense; but states may not act unilaterally, singly or together, under the guise of collective security. Authorization by the U.N. Security Council is necessary.

    The continuing debate both within and outside of Japan as to her future role militarily in the world is slowly but surely beginning to gather momentum.  While many of her neighbors and more than a few of her own citizens would like to continue Japan's reliance upon others for her security it becomes ever more obvious that this can no longer be the case.   The author of this piece misses what is really one of they key facts in the modern world, that institutions like the UN aren't worth the price of the paper their charters are written on.  After all what exactly an amended article nine does or doesn't allow for is entirely dependant upon the interpritation of the then current Japanese government.  That is the key issue here, not what the constitution says but what the government believes it says.  Words are open to differing interpritations, and those interpritations often play a large part in crafting what actions the Japanese government does and does not take.  The author is confusing the words of document of no worth, the UN charter with that of tremendous worth and importance, the costitution of a sovereign nation.  Even the oldest and most straight forward of political documents must be interpritated to apply them to the modern world.  One of the primary duties of the US Supreme court is to provide guidance and interpritation of the US Constitution when the meaning of an article or amendment is at controversy.  The real world has a nasty way of making the utopian ideals of the past and present reveal themsleves for the terrible and misguided things that they are.  How you interpret the words of a constitution can allow you to do things that are completely contridictory to the clear meaning of the words contained there in.

    If I maybe be a bit unrealistic here for a moment but the Japanese could in theory take action against the taliban and al qaeda since Japanese nationals were killed in the attack on the twin towers.  This could be justified by simply taking the position that an attack upon a nation's citizens by a foriegn power is an ipso facto attack upon the nation as a whole.  Article nine as it now exsists forbids the use of war and the right of beligerency, but this can be avoided by using a term other than war to descibe  what is in effect war.  After all according to the Truman administration there wasn't a war in Korea but rather a Police Action.

For the record her is the exact wording of article nine as it is now, quoted from Wikipedia: (quoted sections in blue)

ARTICLE 9. Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.

And to effect this it is furthered by section 2 which forbids the posession of a military.

In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.

     From a strictly legal point of view the Japanese goverment has been in violation of section 2 of the article since 1949, but have avoided that issue by deft symantic footwork.  If symantics can allow for the poseesion of a military without removing article nine then I see no reason to see why it can't allow for their use as it stands now.  Still the need to amend or remove article nine is needed if simply to remove any calls of hypocracy when Japan makes use of her military power.  It needs to be said that should it come down to it the Japanese would make use of their military regardless of what article nine does or doesn't say if the survival of the nation depended upon it.  The most likely case for this is in the event of a North Korean invasion of South Korea, which would include strikes at US forces in Japan and as a result attacks upon Japanese forces the share facilities with and given the poor quality if the NK's weaponry the Japanese populace at large.  No nation can afford to ignore such a provocation if it wishes to remain a credible power in the eyes of her own citizens and the world.  The final analysis is that Japan should simply accept that article nine and other vestiges of high minded world peace idealism were a bad idea when they were included in the postwar conctitution and are even more dangerous and damaging in the unsettled world that she now finds herself residing in.

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:And to think some people want socialised healthcare in this country.

Miscarriage follows ambulance crash after nine hospitals turn woman away.

      Some things are almost to hard to believe, yet this really did happen, and the consequences for the person involved will be more than just physical.  This type of loss carries with it real and lasting emotional scars that will fade with time but never disappear.  As for the hospitals who turned this poor woman away may their directors of emergency medicine rot in the very worst part of hell usually reserved for terrorists and child molesters.  I hope that this and similar incidents will spur the Japanese government into sanctioning the hospitals who refused a patient needing treatment.  The duty of physician is to first do no harm, and that includes providing a safe enviroment for those in need of care, not allowing them to spend hours in ambulance running from place to place in vain while their condition worsens.  The first hour is called the golden hour for a very good reason.  If you treat someone within one hour of a medical emergency their chances of survival go up something like eighty percent.  I can not fault the paramedics here, they did their utmost to find proper treatment for this poor woman who required much more sophisticated and specialised care than they could offer. 

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From First Multi-National Force Iraq:

Clearing operations in Samarra strike hard at insurgency.

Public Healthcare Clinic opens; one of five in Kirkuk.

New sewer system supports east Baghdad residents.

3-1 Cavalry denies enemy sanctuary in Jisr Diyala.

11 terrorists killed, six suspects detained in Coalition operations.

Operation Lightning Hammer disrupts al-Qaeda in Diyala.

Military refutes reported Coalition confrontation in Baghdad mosque.

1-15 Infantry finds, destroys large enemy cache.

Iraqi citizens escape makeshift prison, CF find remains.

Freedom can only be maintained through constant vigilance against those that would seek to deny it to those that do not have and to steal it from those that already possess it.

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From Fox News

    

SOUTH WILLIAMSPORT, Pa. â€”  Make it three straight Little League World Series championships for the United States.

Dalton Carriker homered to right in the bottom of the eighth inning as Warner Robins, Ga., beat Tokyo 3-2 in a thrilling title game on Sunday.

The 12-year-old Carriker raised his arms in celebration after hitting a 2-1 pitch from Japan's Junsho Kiuchi over the right-field stands. "USA! USA!" cried the Georgia-partisan crowd.

Columbus, Ga., won the crown last year, and Ewa Beach, Hawaii, in 2005.

Full Story Here

     Congratulations to the team from Warner-Robbins and to the team from Tokyo.  This story is refreshing after several days of seemingly enedless Michael Vick coverage on the sports channels.  These kids play simply for the joy of playing and that is the purest of reasons and makes all of the teams winners in my book.

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World backs U.S. war on terror / Fight against Al-Qaida, Taliban U.S.-led, but supported by intl community

As debate in the upper house of the Japanese Parliment continues about wether or not to extend Japan's special law allowing the MSDF to assist in operations supporting allied forces in Afghanistan  it is reassuring to see that some people still have their heads screwed on straight.  Not much more to say except go read the editorial, it is a couple days old but still pertinent and a good reminder that their a hell of lot more people that want us to succeed rather than fail.

Picture of a T-28 Trojan for no particular reason other than its a cool pic.

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TETRAGRAMMATON LABYRINTH*

This manga is a recent find, I ran across a copy of the first, and thus far only volume out at Borders last night.  I wasn't really looking to add another title to my shopping lists, having been looking for a copy of He is My Master, which I should have bought a while back as there was only one copy in the store at the time and I didn't feel up to driving all over town searching each and every Borders and Barnes & Noble last night.  I have done that before when I really wanted a particular manga and I am not ashamed to admit that.  Anyway this book is part of Seven Seas new Strawberry Yuri line and it is about a what appears to be a twelve year old girl named Angela and a Nun named Meg that hunt down and destroy demons in early twentieth century London.  Note that I said that Angela appears to be twelve but that is not the case.  The hook in this series is the fact that you are given just enough information to make you wonder just what is going on and what aren't you being told.  The art is top notch and the story very well paced, alternating nicely and smoothly between exposition and action.  The exact extent of the relationship between Sister Meg and Angela is still unclear at the close of volume one as with so much else but I have the sneaking suspicsion that the real twist is the secret within the secret as was once said about something else.**  I for one can't wait to get my hands on volume two when it comes out.

*Picture shamelessly stolen from Robert's Anime Corner Store

**This remark was made by Dr. John Craven in reference to the CIA's Project Jennifer.  For more details on the events that led to Project Jenifer I highly reccomend the book Red Star Rouge by Kenneth Sewell and Clint Richmond.

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Japan, U.S., Australia to hold 1st summit.

     The attention of the world is at this moment focused on the war of the here and now, being waged in the Iraq and Afghanistan, and this war is important and must be one.  Yet while this war rages the preperations for the next war continue apace in the east.  It may not be readily apparent but the war being fought now is in some ways an anomoly, facing as we are the forces of often vague and fleeting oponents.  The vastness of the Pacific today seems to be a reflection of its name, a place that is at peace.  But with a China that has grown stronger comes into conflict with the other nations of the region tensions and coflicts can only increase.  In this enviroment of simmering and slowly rising tensions the free and democratic nations of the along the Pacific and Indian oceans are reaching out to one another to ensure that they are willing and able to stand together if and when the time to do so should come to pass.  This summit along with the strengthening of ties between Japan and India leads me to believe that what we are witnessing is the laying of the foundations for a new alliance in the far east.

Indo-Japan accord moves ties into new dimension.

     The time has come I believe to forge a new and lasting alliance of free nations that seeks to counter the opressive and totalitarian regiemes of the world and will yield to no dictator or totalitarian state.  I would therefore like to make a rather immodest proposal for the following.

        A treaty establishing The Pacific-Indian Ocean Treaty Organization.

     We the undersigned democracies, being bound by friendship, shared values, traditions and freedoms establish a strong and permanent alliance between the free nations of the world. We the United States of America, The Empire of Japan, The Republic of Korea, The Nation of Canada, The Nation of Australia, The Nation of India, The Nation of New Zealand, The Nation of Singapore, The Republic of China and The Republic of the Philippines agree to the following:

1. That all of the signatories of this treaty will come to the aid and defense of another member nation if attacked, and will place all available military forces under the control of regional commander previously approved by the Council of Members upon a nomination by one or more of the member nations. When the Council of Members by a thee fourths (3/4) vote deems necessary the member nations may and shall undertake pre-emptive military action against threats to their collective security. Any member nation shall, during times of peace be free to carry out any military actions it deems necessary to protect her citizens and interests without consulting the Council and may form any ad-hoc alliance as may be needed. During time of war as recognized by the Council any member nation may carry out military operations as above with forces not under the control of a regional commander and may use such forces as under a regional commander with the approval of the Supreme Allied Commander however all ad-hoc alliances formed for such operations must be approved by the Council if they involve any nation not a member of this organization or a member of NATO unless such operation is being conduced under the auspices of a UN Security Council mandate.

2. That in times of peace all member nations will maintain appropriate military forces consummate with their economic and population bases. Additionally in times of war member nations will work together to ensure the rational and co-ordinated use of resources in the execution of their assigned tasks.

3. That all members will freely share technology, information and intelligence to further the missions of this organization in both peace time and war time.

4. That all member nations will agree upon certain standards in relation to certain types of military equipment and supplies and to manufacture such goods to the standards promulgated by the Technical Committee of the Council of Members so as to insure interoperability and interchangeability.

5. That all member nations will conduct co-operative exercises involving land, sea and air forces on a routine basis and at all levels from the smallest of subunits to the highest headquarters.

6. All member nations will provide for the forward basing of the military forces of other member nations with the particulars of status of forces agreements and financial arrangements to be negotiated between the specific agreeing parties.

7. All member nations shall make a financial contribution to the Common Fund of the Council of Members annually, the specific amount to be calculated by a formula to by devised by the Finance Committee of the Council of Members and agreed to by the member nations through a two thirds (2/3) vote of the Council.

8. All member nations are encouraged to work together in the development and acquisition of military equipment so as to reduce the total cost of such equipment by taking advantage of the economies of scale and focused effort versus the waste of duplicated effort and small batch production and to further the goals of interoperability and interchangeability among the member nations.

9. A Supreme Allied Commander shall be nominated to the Council of Members by any member nation and the nominee may be from any member nation. The Personnel Committee with the assistance of the Planning Committee, the Operations Committee and the Intelligence Committee shall determine three (3) final nominees to be placed before the Council of Members with the winner to be chosen by a simple majority vote. Should a majority not be achieved by any nominee a second vote shall be taken, failing a majority then a runoff vote between the two (2) highest scoring nominees shall be conducted for a maximum of three votes. Should the Council then be deadlocked the General Secretary of the Council shall cast a deciding vote. The SAC may not be from the same member nation as then holds the position of General Secretary of the Council of Members unless the General Secretary is named to that post while their nation holds the post of SAC. The term of the SAC shall be for four (4) years and the SAC may be renominated and reappointed with out limit providing that the current SAC a) agrees to be renominated, b) their member nation also so concurs and c) that they stand in equal to all other nominees every four years to be renominated and appointed.

10. The Council of Members shall consist of a civilian delegate and military assistant delegate named by the government of their member nation. Each delegation shall have one (1) vote and all votes shall be of equal weight, the voting delegate shall be the civilian delegate except when that delegate is absent and the military assistant delegate shall vote for their member nation. The Council shall have the following committees, and they may form sub-committees as they see fit within their area of responsibility, Finance, Personnel, Operations, Planning, Intelligence, Research and Development, Technical, Air Forces, Land Forces, Naval Forces, Covert Activities and External Relations. Each committee will be headed by a chairman elected by simple majority from among its members, all member nations shall have at least one seat on all committees and may be entitled to more at the discretion of the Council, no nation shall have more than two (2) votes on any committee regardless of the number of seats they possess except for the Intelligence, Planning and Operations committees where all nations shall have one (1) seat and one (1) vote. The Civilian delegate of each member nation will be responsible for naming their nations representatives to each committee and for overseeing their activities as directed by their government. The Military assistant delegate shall be that member nations representative to the Operations committee and may hold no more than one (1) other committee assignment. The Civilian delegate of each member nation will serve on at least one (1) committee other than the Operations committee and no more than two (2) committees at one time. The Council will meet in general session at least every two weeks in peace time and every other day during war time.

11. The General Secretary shall be nominated to the Council of Members by any member nation, but the nominee must be from the nominating nation and must be a civilian at the time of nomination. The Council shall elect the General Secretary by a two thirds (2/3) majority from among the nominee(s) submitted at the beginning of every third year. The General Secretary shall not vote except when a simple majority is required to reach a decision and after three consecutive votes the issue remains deadlocked or the General Secretary may adjourn the Council for seventy two (72) hours and may then call for two additional votes on the issue. The issue in contention then still being deadlocked the General Secretary shall then cast the deciding vote. The term of the General Secretary shall be three years and the General Secretary shall serve no more than two consecutive terms but shall not be limited in nonconnective terms. Nominees for the post should be submitted in writing to the Personnel committee no later than the twenty eighth (28) day of February, leap years excepted when they shall be due on the first (1) day of March. The vote to name a new General Secretary or retain the current General Secretary if so eligible shall be taken on the fifth (5) day of December. The General Secretary shall be responsible for acting as president of the Council of Members, overseeing the permanent staff of the Council and the Office of the Inspector General and acting as impartial judge in settling disputes between member nations.

12. All Disputes between member nations may be brought before the Council of Members for arbitration. The arbitrator shall be named by the General Secretary from among the delegates not party to the dispute in question. Both aggrieved parties must agree to such arbitration and in so doing agree to be bound by such arbitration. If one or both parties is unsatisfied with the outcome of the arbitration they may appeal first to the Office of the Inspector General and then to the General Secretary.

13. Suspension and Expulsion of Member Nations. Any nation that violates the basic principles of this body, namely failing to maintain a free, democratic government, violating the basic inalienable rights of their citizens with out regard to the law or generally behaves in a manner that the Council feels is inconsistent with the Free and Civilized World may be temporarily suspended from the Council by a three fourths (3/4) vote and may be expelled by a unanimous vote of the Council. In such votes neither referring party or the accused party shall cast a vote in determining either suspension or expulsion. Any nation suspended form the Council shall be eligible to apply for readmission after ninety (90) days, and will automatically be readmitted after eighteen (18) months if the Council takes no further action to renew the suspension or move for expulsion. Suspended members may still attend all Council functions and speak as members but may only vote on those issues which the General Secretary shall so designate and the shall not be eligible to receive funds from the Council Common fund or the Modernization fund. Expelled members may apply for readmission after a period of five (5) years or earlier at the invitation of the Council.

14. The Finance committee shall maintain a Modernization Fund separate from the Common Fund. Money form the Common Fund shall be used to further the general mission of the organization and to assist its member nations as directed by the Council of Members. The Modernization Fund shall only be used to assist nations in the modernizing and improving of their military forces and related technical sectors to strengthen the overall alliance as directed by the modernization Sub-committee of the Technical committee.

15. The Office of the Inspector General shall be independent of all other bodies and shall report directly to the General Secretary. The OIG shall create and maintain a system for the anonymous reporting of abuses of organization funds and materials and to improve the overall efficiency of the organization’s endeavors.

16. The organizations Headquarters shall be established upon the US Territory of Guam. This shall consist of a complex of buildings that meet the needs of the Council, the General Secretary, The Supreme Allied Commander and other tenants. The construction of such facilities shall be paid for by a special assessment by the Finance committee to all member nations. The United States agrees to construct at its own expense housing and any other needed facilities for the Organization and to cover the cost of maintenance on such facilities for a period of five (5) years after which time such costs shall be provided for from the Common Fund.

17. New members may admitted by a two thirds (2/3) vote of the council in general session and all new members shall be subject to a probationary period of membership no longer than five (5) years and no less than one (1) year. During this probationary period the new member nation must meet certain goals or make such progress toward those goals that Council believes substantial enough to end the probationary period. Such goals shall be defined in the Articles of Accession that the new member government agrees to upon accepting membership. Failure to meet these goals shall see a one (1) year extension of the probationary period and may also result in denial of Common Fund assistance if the Council so deems.

18. Should any member nation be attacked on their Territory, their flagged ships upon the high seas or their planes in the skies such an action will be considered an act against the whole of the group and will be treated as such. Furthermore any attack against the citizens of a member nation by any other nation or terrorist group any where in the world will be regarded as an attack against the whole, this however shall exclude those wounded in military actions taken by member nations during peace time as defined in article one (1). Any member nation so attacked may petition the Council for a Declaration of a state of war. Such declarations shall be granted by a three fourths (3/4) majority vote in the Council. Upon certifying such a declaration the General Secretary shall inform the Supreme Allied Commander who will then name regional commanders to take control of allied military forces in their area of responsibility. All nations must contribute to the defense of the attacked after such a declaration and failure to do so will result in immediate expulsion from the organization. All nations will be informed before hand as to what forces they are expected to contributed based upon the war plans prepared by the Planning committee and will be expected to do their utmost to meet those responsibilities.

19. The undersigned Nations, having freely agreed to this treaty do hereby establish the Pacific-Indian Ocean Treaty Organization Upon this day the __ of ____________ in the year 200_.

        So that is my concept for a new alliance the far east, I know that the chances of something like this being brought about are slim but one can hope after all.

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     Ah how I love the internet and its abillity to bring to me those funny and amusing manga that will very likely never be published in the United States.  For all the progress manga has had moving in to the mainstream the works targeted at older audiences continue to recieve a decidely mixed reception.  Here are two short pieces that use the Nintendo Wii as a plot element in people getting their ecchi on.

Wii By Kensoh Ogawa

Here Comes a New Challenger by Naomi Nekomata  

And just in case you missed it last time to decompress .rar files and much much more I can't say enough good things about 7Zip File manager.

Note, these stories are meant for those of legal age where ever you may happen to be. [sarcasm] I mean after all no minor has ever illegaly viewed pornography on the net in its entire exsistence. [/sarcasm]  

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     So the 16DDH is now officaly the JDS Hyuga, DDH-181*.  This name is an interesting choice, being niether a name associated with just surface forces or aviation but both.  The new Hyuga takes her name from the Ise class battleship that was converted into a hybrid Carrier-Battleship combination.  The name is appropiate for a destroyer due to its battleship origins but is also subtle signal that Japan is stepping back into the arena of naval aviation in a serious way.  Offically the Japanese media is stating that she displaces 13,500 tons and can carry only seven helos and operate just four at a time.  While this is unsurprising given the technical ignorance of most media in defence matters the truth is that she will displaced about 21,000 tons loaded for action and be capable of carrying around 22-24 aircraft, possibly as many as 28 or 30* depending upon the mix of types and sizes.  The big question is how her neighbors will react, only time will tell, until then may the Japanese Defense Ship Hyuga always find fair winds and following seas.

As seen from her Port side.

And a stern view for good measure.

*Allthough it would seem that the Hull number 145 would be assigned to her this is how the US would number her, the Japanese break from US tradition by Naming DDs, DDGs, DDKs** and DDHs from the same numerical squence.  Hence DDH-181, having been ordered after the DDGs 179 and 180.

*This would likely be in the role of an aviation transport to support an amphibious landing, hauling utillity and attack helos for the Japanese Army I mean Japanese Ground Self Defence Force.

**DDK=Destroyer, Antisubmarine Warfare, this designator originated with the US Nay in the middle fifties and the Japanese still have three DDKs built in the seventies in service that are due to be replaced by a new class of multipurpose DDs.

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From First Multi-National Force Iraq:

Iraqi Army, U.S. Special Forces detain three, destroy weapons cache.

IPs, Marines host youth soccer day.

Update: 14 Task Force Lightning Soldiers die in helicopter downing.  A strong reminder that niether freedom or victory is without cost.  But we will also see to it that those who are guility are found and punished.

Terrorist responsible for shooting down coalition helicopter detained.

MND-B Apache crews destroy rocket tubes.

11 detained in Rashid, including 9 Iraqi Policemen.

U.S. Marines, Iraqis search for weapons.

Advances being made to bring electrical stability.

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Pointless Dirty Pictures, Amusing Edition.

Pictures of Yomi from Azumanga Daioh in ways that Kyohiko Azuma never imagined, or at least approved of.   The stuff below the fold is more revealing, but still in keeping with the light hearted nature of the series, and its funny too.

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 16DDH looking good, fully painted and awaiting her launching in four days.

Here we see the details of her island, the installed front and rear phassed array radars and that some of the fore end scaffolding has been removed.

 The most obvious change here is the removal of the bridge for DDG-179 to clear the door of the dry dock, and the removal equipment from her flight deck.

   This far shot reveals that  her flightdeck is fully cleared and is in the process of being painted and coated wth anti-skid coating.

Finally we can see that the tarp at her stern is indeed covering her name, which for the moment remains known only to her builders and a handful of others.

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     After suffering through several iPodless months I have finally resurected my iPod with the iPod Reset Utillity from apple.  No longer am I bound by the capicity of minidiscs or the lifespan of AA batteries.  The reset process returns the iPod to like new so a renaming was in order, given that my iPod is an early Shuffle and I wanted to continue on the anime theme of hardware names I settled on Gan-Chan, the rat from the Adventures of the Mini-Goddesses joining my laptop Naruto, my desktop Tachikoma and my Palm Pilot Midori.

A pic of Midori since I don't have a pic of Gan-Chan at the moment.

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GOOD, BAD OR UGLY?  Roh's trip to Pyongyang puts three scenarios in play.

     History has proven time and again that attempting to negotiate with or appease dictators is to merely prolong their continued exsistence.  President Roh should realize that no matter what he does or says Pyongyang will do as they please and what they feel is in their best interest.  The only way South Korea can come to terms with the North is either by exercising patience or through all out military victory.  Given that at the moment  the chance of renewed fighting among the beligerents is fairly low by the standards of the Korean penisula the south must simply wait for the inevitable collapse that befalls all opressive regiemes in the end.  President Roh should keep these words from Mark Twain in mind at the upcoming summit, 'Better to remain silent and be thought a fool than to speak and remove all doubt.'  Untill this meeting actually occurs we can only wait and hope for the best, but we should also be prepared for the worst.

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From First Multi-National Force Iraq:

Iraqi Army Forces provide humanitarian aid, medical supplies to Sinjar bombing victims.

U.S. Military works to improve Iraqi Security Forces.

Concerned Citizens step toward self-reliance.

Minister of Health visits new Healthcare Centers.

Harbor Substation essential to Port, industry operation.

Weapons cache found in Adhamiyah.

Bomb production facility destroyed.

Tip leads to largest cache uncovered in western Baghdad neighborhood.

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     More photos of 16DDH now just one week from launching, at the same time she will be officaly christined with her name.  While that is still unknown to us it is clear that major fabrication is basically complete and all that remains is fitting out work which will probably last for 10 to 12 months as weapons systems, interior electronics, machinery and crew facilities are installed, from that point on most work will not be visible execpt for the instilation of weaponry and other topside fittings such as edge nets, life raft cans and boat davits.

Here we see that her island and stack tops are now fully painted.  Most importantly her forward phased arrays appear have been fitted and are protected from the elements by a coating of spray lat until they are ready to be painted later on.

This angle shows that her hull has recieved a second coat of paint and the tarp at center suggests that her name may well have been painted on and is hidden until her launching on the 23^rd.  The most notable change here is the movent of scaffolds and other equipment away from the hull as the launch date approaches.  The single biggest task facing the yard crew is the moving of the bridge lift of the Atago class DDG being built behind her.

Once again this view gives us an idea of the overall size of the ship and  basic layout sans weapons and deck fittings, she is big and long.  Once agian I must stress that the term destroyer is copletely incorrect fo this ship, I would class here as either a CVL or CVS, possibly a CVH*, but in no way is she a destroyer.

*The Japanese use the US Navy's ship designation system in which a CV is a multipurpose aircraft carrier (Super or fleet carrier**) CVL is a light carrier, CVS an antisubmarine carrier and CVH a helicopter carrier.  A CVN is simply a CV with a nuclear powerplant and a CVA is an attack carrier, a CVE is an escort carrier and finally a CVT is a training carrier.

**Super carriers displace 75,000+ tons and are from the Forrestal (Forrestal, Kitty Hawk, Enterprise, Kennedy and Nimitz classes)  class forward, while fleet carriers would be of the Midway, Essex or Ticonderoga class when operating as straight CVs but many of the Essex and Tico's ended their service lives as CVS carriers.

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A More Interactive Kind of Smut.

      When most people think of material that is in the words of the US Supreme Court 'appeal to a purient imterest' they think of printed materials or  moving images on DVD.  Those are nice enough but sometimes it can be fun to explore some of the more obscure forms of such material.  Here of course I am refering to H-Games (aka Ero Games, Dating sims etc, etc.).  Yes these wonderous pieces of software allow you to not just enjoy the the perveted action as it unfolds but to control the pace and nature of that action.  When I first heard of such games I thought, well that is kind of interesting, but I don't quite see the attraction.*  As I became more and more imersed in the Otaku culture I became interested in getting my hands on one of these games of the Japanese variety and low and behold there is actually a company that localizes them for the US market. This little outfit is the kind of company, JAST USA made possible by the internet and the globalization of world entertainment.  So through the glory that is e-commerce I fired off an order for a game that was generally hailed by my fellow Otaku as a winner, The Sagara Family.  Once I had this marvelous piece of software up and running I was soon able to see just what the attraction to these games is, the abillity to change the outcome and experience each time you play, unlike a manga or anime wher the conclusion, though good is always the same.  It may be a less seen part of the hardcore Otakudom in the states but it is still there, just as it is in Japanese Otakudom.

*The first such game I saw was featured on an HBO Real Sex in the nineties and had insane bad early 3D graphics.  It was also a US developed game.

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