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Japan may exempt Australian troops in joint drills from death penalty

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Ok, my country has also abolished the death penalty. So can I have an exemption too?

Are SDF forces training with Australians exempted?

-7 ( +7 / -14 )

My country has no death penalty either.

Please, exempt my people too.

-10 ( +8 / -18 )

After 6months in Japanese detention they would probably be begging for the death sentence.

16 ( +27 / -11 )

A simple solution is to become the 109th country to abolish it altogether. Lead the way in Asia!

4 ( +24 / -20 )

The Australian troops have always had problems with discipline. I hope they won’t think the new pact will give them a license to kill.

-15 ( +18 / -33 )

If The Australian military is really worried that their troops may commit a crime worthy of the death penalty here in Japan, I think Australians have bigger things to worry about than the Japanese punishment position.

This story blew my mind…

0 ( +18 / -18 )

Australian troops have always had problems with discipline? Don’t know what you base that on. It’s more Australian troops are vigorously investigated when a problem occurs and unlike other countries they are prosecuted and held to account. Thus the stories, other countries brush these incidents under the carpet. So as not to loose face. Honesty can be seen as a negative I guess. It might be better if Australia just stopped holding its troops to a standard and denied anything, everything.

3 ( +16 / -13 )

CrickyToday  07:53 am JST

Australian troops have always had problems with discipline? Don’t know what you base that on. It’s more Australian troops are vigorously investigated when a problem occurs and unlike other countries they are prosecuted and held to account. Thus the stories, other countries brush these incidents under the carpet. So as not to loose face. Honesty can be seen as a negative I guess. It might be better if Australia just stopped holding its troops to a standard and denied anything, everything.

What do you base the assertion that other countries don't investigate misbehaviour?

-2 ( +9 / -11 )

@meiyouwenti

You’re stirring the pot, can you justify those comments? As someone who’s served I’m a bit offended.

There’s bad apples in any organisation, anywhere in the world, I’m quite confident we investigate ours quite thoroughly thank you very much.

Personally I look forward to our nations working together in this area.

11 ( +15 / -4 )

The Australian troops have always had problems with discipline. Always? that's a very broad brush. For comparison Waffen SS troops, Imperial Japanese Army, Russian troops in Prussia, Berlin, The lords own army in Africa. All committed very unsavoury acts of cruelty. So to even suggest Australian troops are on par with these organisations is a huge backward leap in thinking.

5 ( +14 / -9 )

A few soldiers may run away from the joint drills and commit crimes again in Japan.

-14 ( +7 / -21 )

A few soldiers may run away from the joint drills and commit crimes again in Japan. Obviously you have never been on a joint exercise, that has to be one of the stupidest things I've heard, but you might have a point. Japanese troops should stay at home lest they run away and commit a crime in their host country. Love to see a Japanese solider commit a crime in the middle of the outback.

3 ( +9 / -6 )

Are SDF forces training with Australians exempted?

if they are training on Australian soil and Australia doesnt have the death penalty than that explains it doesnt it?

The Australian troops have always had problems with discipline. I hope they won’t think the new pact will give them a license to kill.

Is that so?...Care to discuss IJA discipline at say Nanking?

4 ( +11 / -7 )

Since history records that governments of all stripes are wary of prosecuting war crimes (except for political expediency), it's not at all surprising that exceptions to eligibility for capital punishment would be given by Japanese officials to allied Australian soldiers committing crimes while "doing their dooty", once again offering proof that there are no limits to the hypocrisy of government bodies ever willing to sacrifice principles and morality on the altar of politics and self-interest. And might another angle be that the Japanese are sensitive to the dark legacy of the last war and feel they need to tread lightly with the Aussies who have never forgotten the atrocious treatment the Japanese gave their Australian POWs in WW2?

4 ( +9 / -5 )

Seems like an unlikely issue to hold up imminently necessary military cooperation.

0 ( +3 / -3 )

Those soldiers are still death-row inmates whatever until died. I wonder if those soldiers can follow orders all the time.

-6 ( +1 / -7 )

If they commit heinous crimes, why would the Australian government want them exempted from the death penalty?

-9 ( +5 / -14 )

You’re stirring the pot, can you justify those comments? As someone who’s served I’m a bit offended.

There’s bad apples in any organisation, anywhere in the world, I’m quite confident we investigate ours quite thoroughly thank you very much.

Is that a fact? Because I read about the incident where Australian soldiers were shown to have committed war crimes in Afghanistan. No one in the Australian regime denied it took place. The agency which revealed the crimes was raided by police and journalists were arrested. The soldiers who committed the crimes continue to walk free.

This is pretty standard but what annoys me personally is that tomorrow the Australian regime will denounce China or North Korea or Iran on the grounds of lack of free speech and/or war crimes and/or arresting journalists and few people from Australia, North America or Western Europe will bat an eyelid.

-12 ( +4 / -16 )

I have a solution for the Australian soldiers: Just don't commit any murders in Japan. Problem solved!

0 ( +5 / -5 )

Death penalty is a regressive practice and does little to deter crime.

It's particularly cruel in Japan where the condemned can get hanged at a few hour's notice.

Instead of just granting exemption to a few countries Japan needs to get rid of this barbaric practice!!!

8 ( +14 / -6 )

@Ingvar

And those allegations from Afghanistan are being investigated.

Also, the ABC and a journalist were subject to a search warrant but no journalists were arrested. No charges have or will be laid.

Check your facts.

13 ( +14 / -1 )

And those allegations from Afghanistan are being investigated.

Also, the ABC and a journalist were subject to a search warrant but no journalists were arrested. No charges have or will be laid.

Good point. I just checked. The journalists weren't arrested but their workplace and homes were raided. Thousands of documents were seized and hard drives were scrubbed. The scumbags who committed the crimes continue to walk free. No charges, no arrests and no denial the crimes took place. The epitome of a rouge regime.

-13 ( +3 / -16 )

Well if your Allies want to hang you, should probably rethink being Allies with them.

16 ( +16 / -0 )

Dont think Japan should worry too much about Australian soldiers committing crimes in Japan.

We dont have enough to send to Japan or anywhere else for that matter.

Youll never see them.

-2 ( +3 / -5 )

If they commit heinous crimes, why would the Australian government want them exempted from the death penalty?

Because the Australian government abolished the death penalty in Australia. Why on earth would they be ok with Australian troops being executed anywhere else if they dont even do it at home?

Because I read about the incident where Australian soldiers were shown to have committed war crimes in Afghanistan.

Yes and it is being fully and publicly investigated.

No one in the Australian regime denied it took place.

There is no honor in denial of accusations without first investigating. The military prides itself on the honor and good conduct of all its members and when that is broken by one or more it gets investigated and appropriate punishment metered out. If any of the troops accused are guilty of murder they will face the same or worse punishment as they would get for killing in Australia, as is just. Remember it was the Australian government itself that first released these alligations to the public.

9 ( +11 / -2 )

The death-row inmates are exempted from death penalty by government and become soldiers more trained how to kill. I would be so scared of soldiers with automatic rifles/handguns/knives because can't see difference.

-5 ( +1 / -6 )

Yes and it is being fully and publicly investigated.

So the Australian regime "fully and publicly" investigates crimes by raiding the offices and homes of journalists and destroying data related to the crimes....... Makes sense. Exactly what one would expect from a rogue regime.

There is no honor in denial of accusations without first investigating. The military prides itself on the honor and good conduct

Murdering innocent Afghans, drinking beer out the prosthetic limb of one of the murdered is "honorable" and "good conduct"? Once again, makes sense. Exactly what one would expect from a rogue regime.

-11 ( +2 / -13 )

Back on topic please.

@ingvar

So how about apologising for stating incorrect information? (Arrest)

Where does it say data was destroyed?

Are you privy to any information or evidence in relation to these matters?

They are under investigation.

The article is about negotiations for inter service operability, I’m sure the US would have similar for their SOFA?

In any case yes, I’m sure our troops will be reminded to be on their best behaviour whilst undertaking any training up there.

Back to you

6 ( +9 / -3 )

The Reciprocal Access Agreement between Japan and Australia will likely see any serious offense committed by a soldier on either side, charged and convicted under local law but then carrying out a decades long sentence in their home country. This ensures the full cost of incarceration is born by the nation who's soldier committed the crime. For shorter terms in jail they will no doubt serve them where they committed the crime. Such an agreement is sensible.

might another angle be that the Japanese are sensitive to the dark legacy of the last war and feel they need to tread lightly with the Aussies who have never forgotten the atrocious treatment the Japanese gave their Australian POWs in WW2?

The last thing Australia wants to witness is an Australian soldier being executed by Japan after the summary executions carried out by Japanese troops against Australian prisoners of war in WWII. Such an occurrence would drag up much old bad blood between new allies. While such things from the past are remembered they do not interfere with good relations now. A single execution now could change that spirit of friendship and cooperation.

4 ( +7 / -3 )

ulyssesToday 10:04 am JST

Death penalty is a regressive practice and does little to deter crime.

This is controversial as to replace the death penalty with life in prison does even less to deter crime and does nothing at all to protect victims against repeat offenders.

Felons sentenced to life in prison are often released after spending only a few years in jail and commit crimes again as repeat offenders and who cares about those victims?

-9 ( +1 / -10 )

The Australian troops have always had problems with discipline. I hope they won’t think the new pact will give them a license to kill.

oh pleeease, youd have more chance of SDF personnel committing suicide from the stress than Australian troops intentionally killing people

5 ( +8 / -3 )

Exactly what one would expect from a rogue regime.

Aussie govt a rogue regime...? Lol, hyperbole much?

6 ( +8 / -2 )

Those soldiers are still death-row inmates whatever until died. I wonder if those soldiers can follow orders all the time.

word salads whenever they died, soldiers can play order when they time they like isnt all the time

damn dont even know what I just said let alone what i just read

0 ( +2 / -2 )

Aussie govt a rogue regime...? Lol, hyperbole much?

The proof is in the pudding, not in what corporate media wants us to believe.

-7 ( +2 / -9 )

The Australian troops have always had problems with discipline. I hope they won’t think the new pact will give them a license to kill.

The Australian murder rate is less than 1 per 100,000 population.

Doesn't sound like Aussies on the rampage to me.

If they commit heinous crimes, why would the Australian government want them exempted from the death penalty?

Because the death penalty is itself a heinous crime committed by the state. Most civilised countries do not have the death penalty.

This is controversial as to replace the death penalty with life in prison does even less to deter crime

No, it isn't. Countries with the death penalty: US, China, India, Japan, Indonesia, Bangladesh, Nigeria, Egypt, Saudi Arabia, Iran, Taiwan.

Murder rates per 100,000 population in those countries, in order: 7.8, 0.53, 3.08, 0.26, 0.43, 2.37, 9.85, 2.55, 1.27, 2.5, 0.8

-1 ( +8 / -9 )

Does anyone remember when General Peter Cosgrove, who went on to become Governor General (the Queens rep Down Under) said, at the time of the East Timor campaign, which he led....

"I train killers, not boy scouts".

The media played that up as something naughty, politically incorrect, but the average Australian just nodded quietly.

Yes of course, thats what militaries do...

The fact he got promoted after that successful campaign and went on to become Governor General tells you he hardly suffered for stating the obvious.

2 ( +5 / -3 )

Japan is becoming flexible! Must be a dire situation to have overridden the instinctive ‘No’ reflex! A good sign.

No worries mate, our troops will behave, but the gesture means a lot.

3 ( +4 / -1 )

Put them under the US SOFA status. I had that when I worked for the state department. No matter the GS standard all treated the same. 101

1 ( +1 / -0 )

Seems the right wingers are more concerned about allies they can hang rather than being thankful for allies, what does it take to appreciate the promise of help? A railway built from Thailand to Burma?

7 ( +9 / -2 )

Australia, which abolished the death penalty in 1985, has been concerned that its defense personnel could be sentenced to death over crimes committed in Japan, according to the sources.

Clearly shows that the Government of Australia is not confident of its own defense personnel.

This makes one wonder if Australia is sending a gang of hooligans and rowdies in uniform and boots, or is Australia sending 'Disciplined Military Personnel'.

Japan is considering exempting Australian soldiers from the death penalty for crimes committed during joint drills on its soil

Now, this is a bigger mystery and joke. If Japan suspects or believes that Aussie soldiers would commit crimes, then is Japan knowingly allowing some 'probable' 'assumed' criminals to enter its territory.

-3 ( +2 / -5 )

"I train killers, not boy scouts". Some evidence that this is fact not fiction please.

If you know anything about the man then you would know that if he did indeed make any comment t's more likely he would have said "I train Soldiers not Boy Scouts."

1 ( +2 / -1 )

You probably mean, in some of your countries only the worst criminals execute death penalty while the state and jurisdiction do not anymore. You just cannot say that there is no death penalty anymore in those countries, of course there is, but completely biased to the crime scene.

-4 ( +0 / -4 )

Australia, which abolished the death penalty in 1985,

Pre DNA technology and in the days of heavily corrupt state police forces.

If you had a popular vote in Australia on the introduction of the dealth penalty for multiple murder, rape and pedophiles, I wouldnt be surprise if it passed, especially in rural and regional Australia where it would pass overwhelmingly.

-5 ( +2 / -7 )

But soldiers are warriors that are trained to kill and not all military personnel are soldiers.

I think the details and circumstances of the crime should be the decided factor regarding the death penalty or not.

Was the crime committed by a trained lethal killer or not.

-2 ( +1 / -3 )

@gintonic

Are SDF forces training with Australians exempted?

if they are training on Australian soil and Australia doesnt have the death penalty than that explains it doesnt it?

Not what I am talking about mate.

I am talking about crimes committed in Japan that would surely warrant the death penalty in Japan. If the crime was committed by an SDF soldier and an Australian soldier together, the Japanese hangs and the Aussie doesn't.

If you don't think rogue soldiers can commit terrible crimes you have not been following the news.

Let the SDF be governed by Australian law when in Australia, and the Aussies Japanese law when in Japan. Same as the rest of us.

-1 ( +3 / -4 )

By now, many people in the world will have seen how biased, unfair, and disgusting Japanese law / rule of law is. I would be reluctant to even defend Japan until there is a big change in Japan's standards and attitude.

3 ( +8 / -5 )

Felons sentenced to life in prison are often released after spending only a few years in jail and commit crimes again as repeat offenders and who cares about those victims?

If they are released it is probably because they were innocent.

If the same person died because of a sentence that would be the worst possible scenario.

Death sentence has no place in a civilized country and Japan should become one.

4 ( +6 / -2 )

Death penalty is a regressive practice and does little to deter crime.

Anyone

-1 ( +1 / -2 )

penalized by death penalty don't do any crimes again

-5 ( +2 / -7 )

I find it odd that the hypothetical issue of Aussie troops murdering people and potentially getting the death penalty is what's stalling joint military exercises. And what's with the "may" crap? Do it or don't.

0 ( +4 / -4 )

Do Australians ever visit a backward country like the US which hangs/electrocutes/lethally injects people on a regular basis. Texas anyone?

Big difference between choosing of your own volition to visit a backward country, and being sent there under orders by your government.

Soldiers don't get a say in where they are sent. It's the responsibility of the government that sends them to ensure they won't be subject to backward laws they would not encounter at home.

It isn't only soldiers:

Countries that have abandoned the practice of the death penalty usually will not permit an alleged criminal to be extradited to countries that still practice the death penalty unless they are assured that the defendant will not face this punishment. Mexico, Canada, and the countries of the European Union, for example, will not extradite to the U.S a person charged with a capital offense without assurances the death penalty will not be sought.

https://capitalpunishmentincontext.org/issues/international

5 ( +8 / -3 )

How likely is it that someone will commit a crime deserving the death penalty during the exercises?

Not very likely I guess so Japan is considering the exemption.

But personally I don't like that a country is imposing on another's sovereignty and like it less when the other country accedes to the imposition

-3 ( +2 / -5 )

penalized by death penalty don't do any crimes again

If your purpose for committing a crime was to die as a consequence, then a life in prison is much worse.

Most countries which have the death penalty have high crime rates, so it's really not a deterrent.

But personally I don't like that a country is imposing on another's sovereignty and like it less when the other country accedes to the imposition

This has nothing to do with anyone's sovereignty it's more about common sense.

3 ( +5 / -2 )

I don't like that a country is imposing on another's sovereignty and like it less when the other country accedes to the imposition

It's usually gaiatsu that pushes Japan to finally do the sensible thing.

5 ( +7 / -2 )

It's usually gaiatsu that pushes Japan to finally do the sensible thing.

Agree, though I have to look that word up first =)

In any case i think it's perfectly okay to pressure a sovereign entity to influence/change its policies/ laws but this is different, they're asking for exemption from or suspension of a law.

-2 ( +1 / -3 )

this is different, they're asking for exemption from or suspension of a law

They're basically indicating that the death penalty is a hinderance to smooth relations between allies. It's a gaiatsu prod, without really imposing on sovereignty.

6 ( +7 / -1 )

 It's a gaiatsu prod, without really imposing on sovereignty.

You mean it isn't, to you.

-5 ( +0 / -5 )

Matt HartwellToday 12:35 pm JST

If you had a popular vote in Australia on the introduction of the dealth penalty for multiple murder, rape and pedophiles, I wouldnt be surprise if it passed, especially in rural and regional Australia where it would pass overwhelmingly.

If you reverse the question and carry out a popular vote in Japan about abolishment of the death penalty for felons who committed horrible crimes the majority would prefer to keep it.

There is a poll every few years by the Cabinet Office about the death penalty in Japan.

January 18, 2020

A poll conducted by the Cabinet Office in November 2019 found that 80.8% of Japanese people feel that the death penalty is sometimes necessary.

The poll started in 1956 and this time was the 11th time it has been carried out.

Results announced by the office on Jan. 17 showed that support for Japan's capital punishment system stood at 80.8%, 0.5 points more than in the previous poll in November 2014, while only 9% replied that they support abolishment of the death penalty system. Support for the system has surpassed 80% in four consecutive polls.

1 ( +2 / -1 )

Say Arigato, now go fight the Chinese over there!

1 ( +2 / -1 )

ulyssesToday 01:46 pm JST

Most countries which have the death penalty have high crime rates, so it's really not a deterrent.

Not true - you are wrongly informed.

Japan is crime-low for sure - while for example South Africa, which abolished the death penalty in 1995 is well-known for one of the highest crime rates in this world.

Venezuela was the first country worldwide to abolish the death penalty for all crimes in 1863.

Now, 2021, Venezuela has a crime index of 83.76, the highest of any country in the world.

-4 ( +0 / -4 )

Back on topic please.

The death Penalty in Japan is only for very serious crimes such as murder. Why should they be exempt?!! Do the crime take the punishment. If you are planning on murdering someone then don't come here. Simple!

-2 ( +3 / -5 )

There is a poll every few years by the Cabinet Office about the death penalty in Japan

Lying behind that is the fact that kids in Japan are taught in school that the death penalty is good, proper, necessary and appropriate. Then when the pollsters come round, they simply churn out the ‘correct answer’ they were taught in school.

In high school my son was given a homework assignment to write an essay on the death penalty. Apparently the kids were all supposed to extol the virtues of capital punishment as the reason for Japan’s low crime rate. The teacher was more than a bit nonplussed when Mr Cleo Junior and a few of his mates wrote essays arguing the opposite - and because they were for the most part well written and lucid, he had no choice but to give them good grades. Members of the rebel 20 percent.

 If you are planning on murdering someone then don't come here. Simple!

Because there are never, ever, ever, any miscarriages of justice, are there?

3 ( +7 / -4 )

There is no indication the majority of the population is against the death penalty. USA is the occupying power so as long as Japan's occupied, can't do much about American soldiers being exempt but no reason at all the exempt Australians. Just warn them if they plan on committing heinous crimes in Japan, the death penalty is a distinct possibility.

-5 ( +2 / -7 )

I find it hard to imagine a better deterent to soldiers committing a crime in another country (that warrants this level of sentence) than to simply declare that an act that would earn them a life sentence back home could earn them a death penalty.

-3 ( +2 / -5 )

AlongfortherideToday 02:59 pm JST

The death Penalty in Japan is only for very serious crimes such as murder. Why should they be exempt?!! Do the crime take the punishment. If you are planning on murdering someone then don't come here. Simple!

True, anyway there are only a few cases each year. About this Australian troops agreement, I think it is merely a formality.

I have no idea how many Australian troops even might enter Japanese territory. Likely only a few, as the Australian military is quite small.

I don't know even a single case ever of any foreign soldier in Japan who committed a crime and got the death penalty for it.

-3 ( +1 / -4 )

I am sooooo exited to see how they would word a corresponding law, which basically does excempt Australian troops from a part of Japanese criminal legislation - granting them a better position than Japanese nationals.

§ 1 "Everyone is equal before the law - Except Australians under specific circumstances."

2 ( +5 / -3 )

Do Australian troops training with the US troops in the US under the ANZUS security treaty get such an exemption?

I doubt it very, very much. US troops get no such exemption.

From

https://en.wikipedia.org/wiki/Capital_punishment_by_the_United_States_military

The U.S. Military currently has four inmates (all men) on death row, the most recent being Nidal Hasan, who murdered 13 people and injured 32 others during the 2009 Fort Hood shooting.

0 ( +3 / -3 )

If they commit a crime that is punishable by death, so be it. Don't do a crime if you are not prepared to pay for it.

-3 ( +4 / -7 )

My thought is "Certainly". But if the principle is to avoid Australians suffering from punishments their home country won't inflict, then maybe a little reciprocity is in order. How about a modified double criminality principle where to be charged of a crime, the act must be one that's a crime in both countries, and the sentence must not exceed the LOWER punishment between the two countries?

That seems fair.

-1 ( +1 / -2 )

Has there been a instance of an Australian serviceman/woman committing a crime so heinous that requiring the J Judiciary to pass down a capital offence that warranted the death penalty?

3 ( +3 / -0 )

@cleoToday 01:36 pm JST

Big difference between choosing of your own volition to visit a backward country, and being sent there under orders by your government.

On the other hand, the practical scope for the death penalty in Japan is not that big. Basically the only way a defendant can get it is to conduct aggravated murder - more than one person, in a particularly gruelsome fashion ... etc. For a "typical" murder or one where the defendant can say something favorable to himself, he's liable to get a much lesser punishment. The JapanToday crowd knows this because when those judgments come out, they band together and say it is too light. So in essence, the Australians are indeed saying their relatively small contingent of troops in Japan might just conduct aggravated murder.

Not a great admission.

-1 ( +2 / -3 )

So in essence, the Australians are indeed saying their relatively small contingent of troops in Japan might just conduct aggravated murder.

I think lots of people are looking at this wrong.

The Australians are not, as far as I can see, predicting that their soldiers are going to be running around the place wilfully and wantonly slaughtering Japanese. Or that even one Australian is likely to misbehave in any way.

Australia is actively working towards the abolition of the death penalty everywhere, and where better to start than with your friends.

https://theconversation.com/japan-australia-pact-highlights-need-to-move-away-creatively-from-death-penalty-148436

*The Australian government took a bold step in 2018 by launching Australia’s Strategy for Abolition of the Death Penalty, advocating its abolition globally.*

*This 2018 strategy sets Australia apart from other countries that have abolished the death penalty because of its outward-looking policy of pursuing abolition in other countries. It is not limited to advocating the restricted use of the death penalty in instances where Australian nationals are sentenced to death — as was the case with Myuran Sukumaran and Andrew Chan. It takes a principled stance against the death penalty *“in all circumstances for all people”***.***

It's a good opportunity for the Japanese legal/penal system to decide to step into the 21st century and stop waving the noose around.

1 ( +5 / -4 )

But soldiers are warriors that are trained to kill and not all military personnel are soldiers.

All recruits going through basic training in Australia are trained for basic infantry duty. All are capable of field stripping the basic rifle and putting it back together. All are tought to fire basic weapons and throw grenades. They may go to a corps that is not front line combat but all are capable of defending themselves and others if needs be.

This agreement between Japan and Australia is for training and working smoothly together in the territory of either.

Anyone who questions the quality or character of JSDF or Australian personnel is doing it to drive a wedge between prospective allies and we all know who would be benefiting from stopping such an alliance.

Both forces are professionals and well trained and disciplined. But there are times when any soldier from any army can crack under the stresses of high tempo training with limited or no sleep for days. Getting time off and alcohol can in some rare instances lead to poor decision making and regrettable actions that would not normally occur. In the event of such an incident it is important that both nations can ensure their soldiers are treated according to local laws but without the threat of death. Training for war is a dangerous profession and is sometimes fatal for those who serve their nations. But nobody can ensure that one person in thousands will never ever break a law or even commit a murder. Like not all police can promise no other police will commit a crime. Human nature is a factor.

No Japanese soldier will ever be sentenced to death in Australia for any crime. No death sentence means exactly that for anyone and everyone committing crimes there. Australia seeks the same assurance for its own soldiers in Japan, nothing more. It should not be an issue.

-1 ( +2 / -3 )

Several studies has shown that the death penalty does NOT and will NOT reduce crimes or deter criminals from committing a crime.

3 ( +6 / -3 )

An interesting article, but is it very likely that Australian soldiers would do something that would subject them to a death penalty prosecution? Seems like a non-issue.

4 ( +5 / -1 )

@1glenn Today 08:18 pm JST

An interesting article, but is it very likely that Australian soldiers would do something that would subject them to a death penalty prosecution? Seems like a non-issue.

Well, it's the Australians that insist on making this an issue and infringing on the judicial sovereignty of other nations (they call it "outward-looking") :-)

@Peter14Today 07:03 pm JST

soldiers are treated according to local laws but without the threat of death

So, after Australian soldiers threaten or even kill someone, they should be "without the threat of death"? We might want to rethink these formulations!

Getting time off and alcohol can in some rare instances lead to poor decision making

The reality is that if you have something like this to say for yourself, you are very likely to get off easier in the Japanese system than a common law one.

Australia seeks the same assurance for its own soldiers in Japan, nothing more.

Australians may have decided for their own reasons to waive the death penalty even for the worst chain murderers and terrorists, including possibly taking a higher rate of murder. Japan has not. If a hypothetical Australian soldier kills 5 Japanese, can an Australian feel no qualms in saying he must be immune from the death penalty?

@cleoToday 06:51 pm JST

I have read that document. I'm not sure it has a firm basis in this application:

it is irrevocable, miscarriages of justice cannot be rectified, and no legal system is safe from error;

Any miscarriage of justice produces harm to its victim that is irrevocable. Nevertheless, at some point the conviction must be accepted as solid enough and the trigger pulled. To refrain from death penalties because of a fear of a miscarriage of justice is like aiming for limbs rather than center mass. If you have enough justification, shoot center mass. If not, don't shoot.

it denies any possibility of rehabilitation to the convicted individual;

If a life imprisonment term is indeed for life, then there is no rehabilitation. To ensure rehabilitation, we have to ban all life imprisonment terms as well. Further, as a practical matter if the emphasis is rehabilitation, Japan with its relatively short sentences is arguably better for that than common law's long sentences. The very few people who get the death penalty can basically be deemed to be unsalvageable.

there is no convincing evidence that it is a more effective deterrent than long-term or life imprisonment; and

Even without that, it is cheaper, you don't have to worry about him escaping and it's some solace to the family. That's already three points on the other side.

it is unfair – it is used disproportionately against the poor, people with intellectual or mental disabilities and minority groups.

In this context, how many poor soldiers of minority groups with intellectual or mental disabilities does Australia plan to end to Japan?

-3 ( +1 / -4 )

The death penalty serves no purpose beyond retribution. We know this because crime still exists in places that implement the death penalty a lot such as China, the US, and Saudi Arabia.

We also know that the Japanese “justice” system is concerned about convictions instead of justice. Suspects and defendants don’t have any actual rights; it’s all form over substance.

We also know that death row inmate in Japan never know when they will be executed, so any time the door opens could be the last. This lack all civility.

Add just these three factors up and you can see why Australia would insist on this.

-1 ( +4 / -5 )

Japan may exempt Australian troops in joint drills from death penalty.....

Let think about this carefully, logically.

This sentence is a misnomer.

Is there a serious suggestion to the concept/context, that a Australian serviceman/woman is going to, on joint drills suddenly go postal, on murderous mayhem.

It this was ever the case, it would be a matter for military law.

Court Martial.

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Being jailed for life is a worse penalty than execution.

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Don't do it Japan..

Please don't change..

I love the way you are..

All criminals must be punished..

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How about this.......

Your in my country.

On my land.

You killed a civilian or Japanese soldier on purpose.

Japanese citizens and Japanese Law should be the ones to sentence you!!

If a Japanese soldier committed a similar crime, I would expect Australia to decide on the consequences!

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The laws of the country your In should be applied like the real world works.

Are You in Japan? Japanese laws apply.

You in America? Those laws apply.

Europe? European laws and rules.

N. Korea you steal a banner=Dead.

Remember how the world works? The rules of the country your In apply.

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