The legislation, which was criticized by the opposition, comes before Japan introduces a missile defense system from 2007 in a joint project with the United States.

The bill was approved at an upper-house plenary session by 126 against 94 votes. It has already passed the lower house.

The bill was drafted amid worry that officially pacifist Japan would waste time in administrative procedures before reacting to an attack, as a missile fired from North Korea would reach the country in 10 minutes.

North Korea provoked an international outcry in 1998 by firing a missile over Japan. On May 1, the Stalinist state launched a short-range missile into the Sea of Japan amid a standoff over its nuclear ambitions.

"We will build a firm system to counter new threats," said Defense Agency chief Yoshinori Ono, who is a lawmaker of the ruling party.

"Since (maintaining) civilian control is one of the issues, we will be fully careful and build a solid system," he told reporters.

The main opposition Democratic Party of Japan opposed the bill, saying that parliament needed to be notified before a missile intercept.

The legislation passed through the lower house with an amendment that the government would explain any intercept afterward to parliament.

Japan is barred from using force or maintaining a military under its constitution, which was imposed by the United States after World War II.

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