Not one of our constitutional clauses on rulers provides for the declaration of war to be in the hands of the Agong.
A recent newspaper opinion piece referred to Japan’s imperial history in defending Malaysia’s decision to withdraw from the Rome Statute.
A key aspect of Meiji Japan was represented by the word “kokutai” or national polity. It is a term that implies state supremacy and obedience to the emperor. It was the dominant paradigm of Japanese identity. Also, the emperor’s executive powers were clear when Hirohito declared war on the US in 1941. These were his words: “We, by the grace of Heaven, Emperor of Japan, seated on the throne occupied by the same dynasty from time immemorial, enjoin upon ye, our loyal and brave subjects… to declare war on the United States of America and the British Empire.”
Many within and outside Japan felt that Hirohito, as absolute ruler should be held responsible. The confusion exists till today because of the false premise that Hirohito was a constitutional monarch. Meaning, despite his position in the constitution, why was the possibility of trying him even considered?
“May we interpret this to mean that you yourself feel responsible for the war itself, including the fact that Japan waged it in the first place? In addition, may I ask you to share your thoughts about so-called war responsibility?” As a result, MacArthur’s creation of new Japan was practical, efficient and bloodless. It is only during this period, after 1946, that Hirohito transitioned from absolute to constitutional monarch.
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