Can Japan’s Self-Defense Forces legally open fire on a zombie horde?

As Halloween approaches, a thought-provoking legal discussion surfaces regarding Japan's Self-Defense Forces (SDF) and their ability to legally engage in combat against a zombie horde. While many zombie narratives center on civilians confronting an apocalyptic situation, these stories often depict the military responding with overwhelming force.

However, Japan's SDF operates under strict guidelines, resembling the principle that "war crimes are not acceptable under any circumstance." This unique approach is explored in a recent video from Tonari no Bengoshi Hosokyoku, which delves into the complex legal implications of confronting zombies as opposed to the more straightforward approach seen in the United States.

In Japan, military personnel are bound by a set of strict conditions before they can take action, similar to the analysis of military response to a kaiju (giant monster) attack mentioned in the source. Essentially, if Godzilla is deemed a "natural disaster," and the weapons used against him are classified as "tools" to neutralize the threat to Japan, then this principle could potentially apply to zombies.

However, the fact that the threat is human introduces a host of legal complexities not present in the Godzilla scenario.

The Legal Insight video points out that the SDF can engage in disaster relief efforts and self-defense, akin to how police operate. However, there is a crucial exception: SDF cannot launch an assault on the zombies. This rule only applies if the zombies were unleashed by a foreign government. Thus, if zombies are a result of a homegrown virus, fungus, or other biological agents, the question arises: are zombies considered living people or objects?

According to Legal Insight, if zombies are classified as living people, killing them could be considered murder, and desecrating their remains would be considered desecration of human remains. Yet, if zombies are legally classified as corpses, they are treated as objects rather than people. In this case, SDF could use their weapons "as tools" to protect lives, similar to how they would deal with wild animals posing a threat.

Despite the complex legalities, the video argues that in reality, humans are still not great at determining if something is alive or not. The video, referencing an expert from the CDC in the USA, suggests that the three signs of death (cardiac arrest, respiratory arrest, and loss of brainstem reflexes) must be present for someone to be considered deceased. While the video cites examples from popular zombie films, it questions whether these examples truly meet the criteria for death based on the three signs of death.

The discussion concludes with the assertion that the SDF would be prohibited from indiscriminately opening fire on zombies. In the event of a zombie outbreak, Japanese police would be legally obligated to arrest anyone who assaults a zombie. Nonetheless, the video notes that during most zombie outbreaks, governments tend to lose control altogether, rendering legal distinctions irrelevant.