"Rather than leaving it all up to the U.S. side, Japan must also look into the legal facts to make its decision."

Jenkins is said to have entered North Korea in 1965 while stationed on the South Korean side in the demilitarized zone separating the two Koreas. He and Soga, from Niigata Prefecture, married in the North and have two daughters aged 19 and 17.

Meanwhile, Japan's Justice Ministry officials seem to think the stipulations in the bilateral extradition treaty would not prevent Japan from rejecting a U.S. request for custody.
Under the treaty, Japan does not have to hand over a suspect if the crime in question is not an offense in Japan or is a minor one that subjects offenders to less than three years in prison or if the suspect is a Japanese citizen or a political offender.

Although Japan has no specific criminal law to punish military deserters, the Self-Defense Forces (SDF) law stipulates the punishment of SDF personnel who abandon their duty without justification and do not return for a given period of time.
Such an offender of the SDF law is subject to imprisonment of up to five years.

If Japan does not reject the U.S. demand outright, the Tokyo High Public Prosecutors Office will likely detain Jenkins provisionally while the Tokyo High Court decides on whether it is appropriate to hand him over to the U.S.

A Japanese government source suggested that the issue may be resolved "politically" such as by the U.S. pardoning Jenkins or by Japan granting him Japanese citizenship.