Claim and counter-claim in the Kuril Islands dispute

Title to the southern islands of the Kuril chain in the Pacific Ocean is disputed by Japan and Russia. The Japanese refer to the islands as the Northern Territories while the Russians do so to the Southern Kurils. In 1855 Japan and the Russian Empire signed the Shimoda Treaty (see esp. Article II). Through its provisions Japan took the title to the four southern islands, and Russia to the chain of islands to the north and east. The chain’s southern islands were seized from Japan by the Soviet Union (the successor to the Russian Empire) in August 1945, and declared part of the Soviet Union in 1946. By 1949 all of the Japanese residents had been deported to Japan. 

Although the problem of the Kurils was only one of a number of reasons behind the Soviet Union’s refusal to sign the San Francisco Treaty which ended the Second World War between the Allies and Japan, it was nonetheless an important factor. One provision of the treaty was that Japan would renounce ‘all right, title and claim to the Kuril Islands’, but no beneficiary of the renunciation was stipulated in the treaty. As the Soviets never signed the treaty, Japanese governments have never recognised the four islands as the territory of the Soviet Union or, subsequently, the Russian Federation. Moreover, the default position of Japanese governments has been that the Soviet occupation of the territory that occurred just prior to Japan's surrender in 1945 was an act of illegal aggression. From this point stems the conviction that the de facto Soviet/Russian sovereignty that has been exercised subsequently has depended upon this illegality.

Continue reading the full article here.

Border Focus: Kuril Islands

Dmitry Medvedev in the Kuril Islands in November 2010

What is disputed?

The Kuril Islands are a volcanic archipelago that stretch approximately 1,300km from Japan's northern island of Hokkaido, to Russia's Kamchatka peninsula, separating the Sea of Okhotsk from the Pacific Ocean.

All of the islands are currently under Russian jurisdiction. Different Japanese people and political parties claim different parts of the island chain, although all are agreed that, at the very least, Shikotan and the Habomai group of islands, just offshore Hokkaido, should be returned. Others include Kunashiri and Etorofu islands, which together with Shikotan and Habomai make up what Japan calls the Northern Territories.

What is the history of the dispute?

The original inhabitants of the islands are the Ainu people who have connections to both Hokkaido and northern China. The first 'discovery' of the Kurils by foreign powers is unknown, although China, Russia, Japan and even the Netherlands jockeyed for the right. Towards the end of the 17th century and into the 18th century both Russia and Japan took an interest in the islands, although it was originally the Russians that pursued the islands more vigorously – first on an exploratory basis, and then in the 1730s with an eye to settlement.

Growing British and American presence in the Far East prompted Russia and Japan to sign the Treaty of Shimoda in 1855, which fixed the boundary between Etorofu and Uruppa islands. Sakhalin was declared a joint possession of Russia and Japan, with people from China also allowed to live there, and the two regions of the Kurils developed separately until 1875.

The 1875 Treaty of St Petersburg followed more than a decade of negotiations, and intimidation, from both sides. Russia emerged victorious in the contest of wills over Sakhalin, gaining full sovereignty over the island but, in exchange, Japan received full title to the Kurils.

Following Russia's disastrous loss in the 1904-1905 Russo-Japanese war, Moscow was forced to cede the southern part of Sakhalin back to the Japanese in the Portsmouth Treaty of 1905. Japan also got fishing rights in Russian waters which continued until 1945.

The modern history of the dispute is a result of strategic negotiations towards the end of World War Two. At the Yalta Conference in February 1945, the Soviet Union promised to enter the war against Japan soon after the defeat of Germany, and was promised possession of the Kurils in exchange.

Between 18th August and 5th September 1945, Soviet troops took control of the Kuril Islands, and two years later they evicted the native population. They have held control of the islands ever since.

The problem of the Kurils arose between the US and the Soviet Union during the preparation of the 1951 Treaty of San Francisco. It was supposed to be a permanent peace treaty between Japan and the Allied Powers from the Second World War, but by this time the Cold War had already taken hold, and the US position vis-à-vis the Yalta and Potsdam agreements had changed considerably. They were less keen now to sanction Soviet territorial expansion. The outcome was that the treaty stated that Japan would renounce all rights to Southern Sakhalin and the Kuril Islands, but without recognising the Soviet Union's sovereignty over the Kurils. In addition, what constituted the Kurils was never defined, leaving Japan able to claim that at least some of the disputed islands were not up for grabs.

Further peace talks were held between Japan and the Soviet Union in 1956 because Moscow had refused to sign the San Francisco treaty. That year the Soviets proposed to settle the dispute by returning Shikotan and Habomai to Japan, and while Japan was inclined to accept, they were prevented from doing so by American intervention.

 

What is the situation now?

There have been few substantial developments since 1956. In general, Japan rejects the Yalta and Potsdam Conference agreements as binding given that Tokyo was not represented at either of them. They argue that the 1951 San Francisco Treaty does not cover the islands that make up the Northern Territories (Etorofu, Kunashiri, Shikotan, and Habomai), and that they are therefore still Japanese. The Soviet Union and then the Russian Federation as its successor state have administered all of the islands, and with some exceptions, have been reluctant to discuss the issue.

Hopes were raised when Mikhail Gorbachev expressed his eagerness to sort out the situation, and even when that failed, it was thought that mooted Japanese aid to Boris Yeltsin's struggling Russia might provide a turning point, but this failed to materialise. In essence, any compromise by a Russian leader would be political suicide domestically and without many rewards internationally.

The issue has been raised many times in the past few years.

Relations deteriorated in 2008 when the Japanese government published new school textbook guidelines instructing teachers to teach that Japan has sovereignty over the islands. Russia immediately responded by affirming its sovereignty over the islands.

Tensions were further increased when the Russian head of the Kuril Region called for the termination of visa-free trips that had taken place to allow Japanese citizens visit their relatives' graves in the Kurils. There have also been crackdowns on Japanese fisherman fishing in Russia's waters which was something that had, until recently, been allowed.

In November 2010, Russian president Dmitry Medvedev became the first Russian or Soviet leader to visit the islands. On 10th February 2011, he called for increased military deployments on the islands. Medvedev said that the islands were an 'inseparable' part of the country and a strategic Russian region. On 15th February, plans for deployment of advanced anti-air missile systems on the islands were announced.

All of these actions have sparked outrage in Japan, and on 7th February, which is Japan's 'National Territories Day', large rallies were held calling for the islands' return. Prime Minister Naoto Kan spoke at a rally in Tokyo, saying that Japan will not back down from its claim and said visits by Russian leaders are 'an unforgivable outrage'.

What are the prospects for resolution?

A resolution to the dispute currently looks unlikely. Russia has nothing to gain and much to lose from compromising its position. The Kuril Islands are thought to contain large quantities of natural gas, as well as gold, silver, titanium and rhenium, all of which are yet to be exploited.

The issue of offshore resources, primarily natural gas, is also important. If Japan regained control of the Northern Territories, they would be able to extend their territorial sea and Exclusive Economic Zones (EEZ) claims into the Sea of Okhotsk and the North Pacific. This also has implications for fishing rights.

Taking advantage of the resources around the Kuril Islands will prove tricky until their ownership is fully determined, but this is an issue that has to be determined by political negotiation, rather than legal judgements, and it appears, for the time being that the political will is lacking.

For the full Border Focus, please see the Menas Borders website, here.

Russia to deploy air defence missils to Kuril Islands

S-400 missiles are to be deployed on the Kuril Islands

Tensions remain high between Russia and Japan as Japan ups the rhetoric, and Russia ups the military presence on the disputed Kuril Islands.

Relations hit a stumbling block in November 2010 when Russian president Dmitry Medvedev visited one of the Kuril Islands, the first Soviet or Russian leader to do so, and pledged more investment for the region. In televised meeting last Wednesday, 9th February, Medvedev upped the stakes by referring to the Kuril Islands as 'part of Russia' and saying that his country's 'strategic presence' on them would be 'stepped up'.

Speaking last week about Medvedev's November visit, Japanese prime minister Naoto Kan referred to this as having constituted an 'inexcusable rudeness'.

This prompted a hardening of the Kremlin's position, and the head of the presidential administration, Sergei Naryshkin, responded by saying that Russian leaders “will continue visiting Russia's regions, including the Kuril Islands.”

The recent row was prompted by Russian defence minister Anatoly Serdyukov's visit to the islands last week. Crisis talks between Russia and Japan ended in failure last Friday, 11th February when Tokyo reaffirmed its claim and Moscow accused its neighbour of extreme behaviour.

On Tuesday 15th February, a high-ranking official in the General Staff of the Russian Armed Forces elaborated on Medvedev's military message, saying that short and long range air defence missiles, including the advanced S-400 Triumf system would be deployed to the southern Kuril Islands.

This move caused outrage in Japan, but also prompted criticism from a senior Russian military commander. Major General Sergei Popov, chief of the Air Force Antiaircraft and Missile troops, said the deployment was overkill.

"Given the proximity of the state border, it is inexpedient to deploy a Space Defense Force brigade with S-400 systems on the Kuril Islands," he said.

Japan gained full control of the island chain in the 1875 Treaty of St Petersburg, but lost it to the Soviets in the closing stages of the Second World War. The issue has remained unresolved since, and the two countries are still technically in a state of war.

Sources: Tribune Magazine, Ria Novosti, AFP

For more information on this dispute, see the Menas Borders website, here.

Japan-Russia Kuril island row escalates

Hokkaido rally on 7th February

Japan's Prime Minister Naoto Kan led a large rally Monday 7th February demanding the return of several islands held by Russia since the end of World War II and calling the recent visit there by Russia's president an outrage.

The dispute over the southern Kuril islands, known in Japan as the Northern Territories, has long been a sticking point in relations between the two countries and has kept them from signing a formal peace treaty ending their World War II hostilities.

Japan has designated 7th February as "Northern Territories Day," saying that a treaty dating back to that day in 1855 supports its claim to the islands.

Kan was the top speaker at a government-backed rally of about 1,500 people in Tokyo that has been held annually since 1981 to mark the anniversary. He vowed that Japan will not back down from its claim and said visits there by Russian leaders are "an unforgivable outrage."

A smaller rally and march were held on the northern island of Hokkaido.

Russia's position on its own claim appears to be getting more assertive in recent months.

Russian President Dmitry Medvedev became the first Russian or Soviet leader to visit the islands when he toured them in November. Defense Minister Anatoly Serdyukov inspected military garrisons on the islands last week and said Moscow is planning to upgrade the troops' weapons there.

Both trips generated sharp protests from Tokyo, which claims that the Soviet army occupation of the territory just before Japan's surrender in 1945 was an act of illegal aggression.

The islands are surrounded by rich fishing grounds and are believed to have offshore oil and natural gas reserves, plus gold and silver deposits. They lie as close as six miles (10 kilometers) to Japan's Hokkaido island and are also near undisputed Russian territory.

Japan's foreign minister is scheduled to visit Moscow from Thursday and the islands dispute is likely to be at the top of his agenda.

Progress is not expected, however, according to the China Post.

Russia has said that it is tired of discussing the issue. Medvedev said after his visit that he considered the islands part of Russia's sovereign territory and will return there whenever he pleases. Japan's Kyodo news service reported that following the protest over the defense minister's visit, Russia's foreign ministry said it was growing weary of the matter.

Russia is seeking increased economic ties with Japan, and has tried to keep the territorial issue separate from economic relations. But Japan has been slow to embrace fuller trade and growth without progress toward an agreement on the islands.

Japan also has longstanding disputes over islands with China and South Korea.

Rival claims to the Senkaku islands in the East China Sea swelled into a major diplomatic dispute late last year after the captain and crew of a Chinese boat operating near the islands was taken into custody by the Japanese Coast Guard. All were later released without charges.

Source: the China Post

For more information on the Kuril islands dispute, please see the Menas Borders website, here.