China-Japan relations have recently grown tenser due to Japanese Prime Minister Sanae Takaichi’s remarks that “Taiwan issues concern Japan.” The Chinese Embassy in Japan also cited the “enemy state clause” from the UN Charter, suggesting that China has the right to directly take military action against Japan without Security Council authorization. However, this post was swamped with backlash from US, Japanese, and Taiwanese netizens.
On the 21st, the Chinese Embassy in Japan quoted the UN Charter’s enemy state clause in Japanese and Chinese on its official X (Twitter) account, claiming that the clause stipulates that if fascist or militarist states such as Germany, Italy, or Japan once again pursue aggressive policies, founding members of the United Nations such as China, France, the Soviet Union, the UK, and the US have the right to take direct military action against them without Security Council authorization. The post was met with a flood of replies from US, Japanese, and Taiwanese netizens, with comments saying: “That’s long outdated.”
Some netizens pointed out that this is a transitional provision and that Japan and Germany have both joined the United Nations as sovereign and equal member states. Moreover, UN General Assembly Resolution 50/52 in 1995 explicitly stated that the enemy state clause was obsolete, and the prevailing international consensus is that it has long ceased to be effective. One netizen commented: “Wasn’t this abolished long ago? It’s just a ‘historical document’ now.” Another said: “Since 1995, this clause has been regarded by mainstream international opinions as a dead clause. Although not formally abolished, it no longer has legal effect, so who are you trying to scare by citing this?”