By Bao Yinan and Cao Qun

A second lieutenant from the Japan Ground Self-Defense Force (JGSDF), Kodai Murata, carrying a knife, scaled the wall of the Chinese Embassy in Japan and attempted to threaten the embassy personnel on March 24 local time. The Chinese side was deeply shocked by this incident and has lodged stern protests and strong objections with the Japanese side. Although the incident did not result in casualties among Chinese diplomatic staff, it severely violated the fundamental principle of the inviolability of diplomatic missions. It also exposed long-standing issues such as the Japanese authorities' leniency toward right-wing anti-China forces and their failure to effectively protect Chinese diplomatic missions in Japan.

The Chinese Embassy Intrusion Incident Seriously Violates the Vienna Convention on Diplomatic Relations

The Chinese Embassy intrusion incident seriously violates the Vienna Convention on Diplomatic Relations (hereinafter referred to as the Convention). The Convention clearly stipulates that the premises of a diplomatic mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission. Although the Japanese authorities initially classified the act as the individual behavior of Murata, Japan, as a signatory to the Convention, cannot be absolved of its national responsibilities. The Convention explicitly outlines that the receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity. This obligation is not limited to addressing sudden intrusions but also includes reasonable prevention and risk control measures.

Since the Japanese Prime Minister Sanae Takaichi made erroneous remarks regarding Taiwan last November, China-Japan relations have been under strain, and the Chinese diplomatic missions in Japan have faced ongoing security risks. The fact that Japanese right-wing extremists were able to breach the embassy compound reflects Japan's failure to provide effective security for China's diplomatic missions in Japan. In the practice of international law, even when the unlawful intrusion into diplomatic premises is carried out by a private individual, the receiving State shall still bear corresponding responsibilities if it fails to fulfill its special duty to protect the premises of the mission, due to omission or failure to take effective action. Therefore, China's demands following the incident that the Japanese side should conduct a thorough investigation, bring the perpetrator to justice, effectively strengthen security measures, and prevent the recurrence of such incidents are well grounded in international law.

Security Risks Facing Overseas Diplomatic Missions are Rising

The Chinese embassy intrusion incident is not an isolated case, but rather a concrete manifestation of the growing security risks faced by diplomatic missions abroad under the current international environment. As symbols of national sovereignty and dignity, embassies are highly politically sensitive and are highly susceptible to becoming targets for the venting of various extremist social sentiments.

Harassment and infringement by Japanese right-wing forces targeting Chinese diplomatic missions in Japan have never ceased and are showing a spreading trend. During the dispute between China and Japan in 2023 over the discharge of nuclear-contaminated wastewater from Fukushima, frequent harassment activities by Japanese right-wing anti-China forces have occurred around Chinese diplomatic missions in Japan, some of which have already posed a substantive impact on the peace and dignity of the missions. The fact that the individual involved in this intrusion is an active-duty member of the JGSDF further underscores the growing audacity of Japan's right-wing anti-China forces.

Japan Must Reflect on its China Policy

In accordance with their domestic law, the Japanese authorities have the responsibility to pursue the criminal liability of the perpetrator, Kodai Murata, provide a responsible explanation to the Chinese side regarding the security of the embassy, and take concrete measures to remedy existing security loopholes. From the perspective of international law on state responsibility, the receiving State not only bears the obligation of post-incident accountability, but also should prevent the recurrence of similar incidents at the source through institutional development, law enforcement practices, and risk assessment. This includes not only improving domestic legal mechanisms for the protection of foreign diplomatic missions, but also providing necessary guidance and constraints on the social environment that may give rise to extremist acts.

In recent years, right-wing thought has remained active in Japan, continuously sending confrontational signals on China-related issues. This has, to a certain extent, fueled and driven the spread of anti-China sentiment in Japanese society. Against this backdrop, the risk of individual extremists translating political positions into radical actions has clearly increased. Therefore, in addition to thoroughly investigating this incident, the Japanese side should also reflect on and rectify its China policy so as to fundamentally prevent the recurrence of such incidents. The international community should also remain highly vigilant against the dangerous trend of Japan's accelerated rightward shift and the uncontrolled expansion of the JSDF.

(The authors are respectively an associate research fellow at Huayang Center for Maritime Cooperation and Ocean Governance, and a research fellow at the Department for American Studies, China Institute of International Studies)

Editor's note: Originally published on china.com.cn, this article is translated from Chinese into English and edited by the China Military Online. The information and opinions in this article do not necessarily reflect the views of eng.chinamil.com.cn.