台灣戰爭史回顧 (392)
赴美記者會文宣。
A. Eight Viewpoints on Taiwan as the Reminder to U.S. Officials
1. The historical evolution of Taiwan status:
May 8, 1895: The Treaty of Shimonoseki entered into force such that Taiwan, the then Chinese colony, was ceded by Emperor Kuang-Hsu of China to Emperor Meiji of Japan.
June 17, 1895: Kabayama Sukenori, the first Governor-General of Taiwan appointed by the Emperor of Japan, commenced to exercise jurisdiction over Taiwan as a colony of Japan.
April 1, 1945: Taiwan was incorporated as an integral part of Japan through the application of the Constitution of the Empire of Japan over the whole of Taiwan such that Taiwan was decolonized and became Japanese Taiwan thenceforth.
September 2, 1945: The Empire of Japan surrendered to the Allied Powers.
October 25, 1945: The ROC Chinese military occupation in Japanese Taiwan commenced.
December 7, 1949: The ROC nationalist government exiled to Japanese Taiwan then under ROC Chinese military occupation, hence the resultant ROC Chinese colonial regime on Japanese Taiwan thenceforth.
April 28, 1952: The Treaty of Peace with Japan entered into force such that Japanese Taiwan under ROC Chinese colonial administration as the proxy occupation force for the United States military government ensued.
Article 2(b) of the Treaty of Peace with Japan stipulates that "Japan renounces all right, title and claim to Formosa and the Pescadores." It was interpreted in a confidential document of 1974 declassified and released by the U.S. Department of State that "Japan renounced any claims to Taiwan and Pescadores, but in accordance with prevailing U.S. position did not cede these territories to any other entity. Until recently, U.S. position on sovereignty over Taiwan continued to be that it was an unsettled question subject to future international resolution."
August 5, 1952: Japanese Taiwan under ROC trusteeship commenced as the Treaty of Peace between Japan and the Republic of China entered into force, based on the fait accompli of the existing ROC Chinese colonial administration as the proxy occupation force for the United States of America, the principal occupying Power specified in Article 23(a) of the Treaty of Peace with Japan.
March 3, 1955: The Mutual Defense Treaty between the United States of America and the Republic of China entered into force, signifying the principal-agent relationship between the United States and the ROC Chinese colonial regime under Article 23(a) of the Treaty of Peace with Japan.
February 28, 1972 ：The United States of America and the People's Republic of China issued the Joint Communique in Shanghai; i.e., the Shanghai Communique, in which the United States acknowledges that all Chinese on either side of the Taiwan Strait maintain there is but one China and that Taiwan is a part of China. The United States Government does not challenge that position.
However, according to a confidential document of 1974 declassified and released by the U.S. Department of State, "since that time as matter of policy we have avoided any statements on issue of sovereignty over Taiwan." In addition, "It can be fairly argued that ROC did not represent Taiwanese people; but PRC represents the Taiwanese even less."
January 1, 1979: Taiwan Relations Act became effective, sustaining the principal-agent relationship between the United States and the ROC Chinese colonial regime as the governing authorities on Taiwan under Article 23(a) of the Treaty of Peace with Japan .
September 29, 1979: The ROC trusteeship over Japanese Taiwan came to an end as the Government of Japan abrogated the Treaty of Peace between Japan and the Republic of China.
status quo: Japanese Taiwan under ROC Chinese colonial administration as the proxy occupation force for the United States military government.
The United States of America as the principal occupying Power of Japan has the responsibility to restore Japanese Taiwan to its normal status under the Law of Nations.
2. The ROC Chinese military occupation authority must follow the international law precept that "military occupation does not transfer sovereignty."
In no way can Japanese Taiwan, as the occupied territory, be transformed into the Republic of China, as the occupying state. Hence, Taiwan is by no means the Republic of China.
3. Inasmuch as the government-in-exile is without legal grounds to be granted sovereignty as the legitimate authority of its locality, on the one hand, the ROC Chinese government-in-exile in Taipei is not in a position to claim the title of "the Government of Taiwan"; on the other hand, it is unjustifiable for any nation in the world including the United States and Japan to recognize the ROC Chinese government-in-exile in Taipei as "the Government of Taiwan".
In no way can the Republic of China, as the Chinese government-in-exile in Taipei, be transformed into Japanese Taiwan, as an integral part of Japan. Hence, the Republic of China is by no means Taiwan.
4. Native Taiwanese People; i.e., the people of Taiwan, should no longer be deemed as nationals of the Republic of China since the Government of Japan abrogated the Treaty of Peace between Japan and the Republic of China on September 29, 1979.
The people of Taiwan, as persons without a state according to the U.S. District Court decision of March 18, 2008, are supposed to hold the "Certificates of Identity" as the travel documents issued in the name of the United States military authorities instead of the passports issued in the name of the Republic of China.
5. Pursuant to Article 51 of the Geneva Convention IV:
The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted.
All ROC military conscription activities in Taiwan should be ended.
The international law forbids military conscription in the occupied territory. Moreover, even the formation of volunteer forces is not allowed either.
6. Pursuant to Article 49 of the Geneva Convention IV:
Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
Chinese immigration into Taiwan should be stopped.
It is prohibited for the occupying power to confiscate land in the occupied territory for the sole purpose of establishing settlements for its nationals. In addition, the occupying power has the responsibility to preserve and maintain the demographic and social configuration of the occupied territory, which may entail restricting even voluntary migrations. Hence, it is against the laws of war for the occupying authority to execute the immigration policy in the the occupied territory.
According to the late Antonio Cassese, the prominent Italian jurist specialized in public international law as a war crimes law expert, states must refrain from altering the structure of the concerned "people" by moving populations in or out of the occupied territory.
7. All kinds of elections held by ROC Chinese colonial regime should be ended:
The participation of the people of Taiwan, as the inhabitants of the occupied territory, in the election campaigns held by the ROC Chinese colonial regime, as the resultant of the Chinese occupying authority and the Chinese government-in-exile, is without precedent in the international law. Hence the election results are unjustifiable.
8. Since "permanent occupation" is not only against "the principle of territorial integrity of states" in the international law but against "the natural law of conscience", the United States of America as the principal occupying Power of Japan should terminate the principal-agent relationship between the United States and the ROC Chinese colonial regime as the proxy occupation force for the United States military government to restore Taiwan to its normal status.
While the Ryukyu Islands under United States trusteeship were returned to the jurisdiction of the Government of Japan as "the Okinawa Prefecture of Japan", the Chinese-colonized Taiwan, referring to the international precedents for the reversions of the British-colonized Hong Kong and the Portuguese-colonized Macau, is supposed to be restored to the Emperor of Japan as "the special administrative region of Japan" derived from the compromise between Article 2(b) of the Peace Treaty with Japan, in which the Government of Japan renounced all rights of sovereignty over Taiwan, and the peremptory norm as the principle of the Law of Nations, in which the necessary and indispensable obligations of sovereignty as the "residual sovereignty" over Taiwan imposed on the Emperor of Japan by the Law of Nations are not subject to change, hence just being suspended owing to foreign occupation without being abrogated.
Obligations of Sovereignty imposed on the Emperor of Japan by the Law of Nations described in the Preamble of the Constitution of the Empire of Japan:
朕は我か臣民の權利及財産の安全を貴重し、及之を保護し、此の憲法及法律の範圍内に於て、其の享有を完全ならしむへきことを宣言す。
「I as the Emperor declare to respect and to protect the security of the rights and the properties of my subjects, and to have them enjoy completely within the extent of the provisions of this Constitution and law.」
Rights of Sovereignty resulting from the Obligations of Sovereignty under the Law of Nations vested in the Emperor of Japan described in the Preamble of the Constitution of the Empire of Japan:
國家統治の大權は、朕か之を祖宗に承けて、之を子孫に傳ふる所なり、朕及朕か子孫は、將來此の憲法の條章に循ひ、之を行ふことを愆らせるへし。
「I as the Emperor inherited the rights of sovereignty of the State from ancestors, and shall bequeath them to descendants. I as the Emperor and my descendants shall in the future abide by the provisions of this Constitution, no violation allowed.」
B. Three White House Petitions
The White House Petition 1:
August 5ーSeptember 5, 2012
WE PETITION THE OBAMA ADMINISTRATION TO:
Title：Return Taiwan to the Emperor of Japan under the Law of Nations to Ensure the Peace and Security of the Western Pacific
Description ：Taiwan was ceded to the Emperor of Japan by China in perpetuity on the Treaty of Shimonoseki in 1895, and was Incorporated into an integral part of Japan.
Pursuant to Article 2(b) of the Peace Treaty in 1952, Japan renounced all rights over Taiwan. However, the obligations for indigenous Taiwanese subject remain with Japan.
While permanent occupation is unlawful, unpleasant politics between the Chinese on Taiwan and the PRC have taken place by formal reconciliation in 2010.
The US is the principal occupying Power upon Japan as per the Treaty. The US President has absolute authority to restore normality of Taiwan by returning it to the Emperor of Japan as it had once done with Okinawa in 1972, for the ultimate security of the region.
The White House Petition 2:
September 8ーOctober 8, 2012
WE PETITION THE OBAMA ADMINISTRATION TO:
Title：Restore Taiwan, Liancourt Rocks, South Kurile, Spratly and Paracel Islands to Normal Status under the Law of Nations
Description： The Peace Treaty with Japan signed on September 8, 1951 has to observe the Law of Nations to be lawful.
Japan renounced all rights of sovereignty over the said territories except Liancourt Rocks pursuant to Article 2 of the Treaty. However, the natural obligations of sovereignty thereover remaining with Japan were just suspended under foreign occupations and cannot be altered or abrogated abiding by the peremptory norm as a principle of the Law of Nations.
The USA is the principal occupying Power pursuant to Article 23(a) of the Treaty, such that restoring those disputed territories to normal status can only be made possible through the good offices of the US President under the Law of Nations based on the principle of territorial integrity as a moral, sacred duty toward Japan.
The White House Petition 3:
October 5ーNovember 6, 2012
WE PETITION THE OBAMA ADMINISTRATION TO:
Title： Recognize Japanese Emperor's title over the Senkaku Islands so as to avoid a war between China and Japan
Description：The Senkaku Islands geographically appertaining to Taiwan were ceded concomitantly with
Taiwan to the Emperor of Japan as per the Treaty of Shimonoseki. China refuses to recognize Japan's territorial claim on January 14, 1895 but admits Japan acquired formal title on May 8, 1895.
The terms of the Cairo Declaration nullified due to Chinese intervention in Korean War were unable to be carried out.
The Peace Treaty concluded between Allied Powers and Japanese Government is not concerned with Japanese Emperor's title over any integral part of Japan including the connected islands of Senkaku and Taiwan.
It is improper for US Government to veil the legal status of the Senkaku Islands by taking no position on ultimate sovereignty, leaving room for a territorial dispute between China and Japan.
C. The Ads of Taiwan Civil Government in Washington Post on January 21, 2013
D. English Version for the Ads of Taiwan Civil Government in Yomiuri Shimbun on April 28, 2013
整理者：林 志昇（武林 志昇˙林 峯弘）
