Taiwan is occupied territory of the United States of America. To put this another way, Taiwan is an overseas territory under the jurisdiction of the "United States Military Government" or USMG. (See Article 4b of the San Francisco Peace Treaty of 1952.)
With no end of USMG jurisdiction over Taiwan having been announced from 1952 to present, Taiwan is an area which as not reached a "final political status," or whose status is "undetermined." The following pronouncements of the US government make this very clear --
* Oct. 25, 2004, Sec. of State Colin Powell said: Taiwan is not independent. It does not enjoy sovereignty as a nation.
* In July 2007 the Congressional Research Service (CRS) published a report for the US Congress entitled "Evolution of the One China Policy." In the Summary at the beginning of that report the following points were made –
(1) The United States did not explicitly state the sovereign status of Taiwan in the three US-PRC Joint Communiques of 1972, 1979, and 1982.
(2) The United States "acknowledged" the "One China" position of both sides of the Taiwan Strait.
(3) US policy has not recognized the PRC's sovereignty over Taiwan;
(4) US policy has not recognized Taiwan as a sovereign country; and
(5) US policy has considered Taiwan's status as undetermined.
* Aug. 30, 2007 Dennis Wilder, National Security Council (NSC) Senior Director for Asian Affairs said: "Taiwan, or the Republic of China, is not at this point a state in the international community. The position of the United States government is that the ROC -- Republic of China -- is an issue undecided, and it has been left undecided, as you know, for many, many years."
From the above it necessarily follows that the Republic of China is not the legitimate government of Taiwan. This is further explained as follows:
None of the Allies recognized any transfer of the sovereignty of Taiwan to the Republic of China (ROC) on the date of the Japanese surrender ceremonies: Oct. 25, 1945.
This date only marks the beginning of the military occupation of Taiwan. The ROC military troops under Chiang Kai-shek are a subordinate occupying power under the USA. In other words, the ROC is an "agent," the USA is the "principal."
Under the customary laws of warfare, the United States is the principal occupying power. This is because all military attacks against the four main Japanese islands and (Japanese) Taiwan were conducted by US military forces. (In the pre-Napoleonic world, the US would have merely annexed Taiwan, and would have been "the annexer." In the post-Napoleonic world, the US is "the occupier" -- the principal occupying power. The ROC is not "the occupier," but only "an occupier" -- a subordinate occupying power. The ROC did not undertake any military actions against Taiwan in the WWII period, and after accepting the Oct. 25, 1945 surrender of Japanese troops is now only acting as agent for the USA, which is the principal occupying power, during the military occupation of Taiwan.)
In 1949, the ROC moved its central government to occupied Taiwan, thus becoming a government in exile.
In the post war peace treaties, the sovereignty of Taiwan was not awarded to either the ROC or the PRC. Hence, under international law, the ROC is not the legitimate government of Taiwan.
A court case involving these issues has been filed in US District Court, Washington D.C., on Oct. 24, 2006, and is proceeding at the present time.
As summarized above, the ROC is (a) a subordinate occupying power, beginning Oct. 25, 1945, and (b) a government in exile, beginning mid-December 1949. There has been no change in this status to date. At the same time, the United States is the principal occupying power. In Taiwan, the US flag should be flying. The fact that there is no obvious presence of US military personnel in Taiwan at the present time is irrelevant. As stated above, the military occupation of Taiwan has been delegated to the ROC (Chinese Nationalists).
In summary, the best way to confirm that Taiwan is a protectorate of the United States is to first clarify Taiwan's international legal position. There is no reason for the ROC flag to be flying over Taiwan after April 28, 1952. (At the same time, Taiwan today is not an independent sovereign nation -- there is no country in the world today called "Republic of Taiwan" or anything similar .... ) The sooner the ROC government structure in Taiwan is dissolved, the better.
As per the terms of the post-war San Francisco Peace Treaty, the United States Military Government (USMG) has jurisdiction over Formosa and the Pescadores, (see Article 4b). The United States of America is the principal occupying power over all areas under the geographic scope covered by the treaty, (see Article 23).
As an overseas territory under the jurisdiction of USMG, the US flag should be flying, and native Taiwanese people have the right to carry US national non-citizen passports. There is no legal basis under international law for native Taiwanese persons to be considered "ROC citizens."
Taiwan is the sixth major US insular area after Puerto Rico, Guam, American Samoa, the US Virgin Islands, and the Northern Mariana Islands. The Taiwanese people are entitled to "fundamental rights" under the US Constitution.
At the present time, over 20 million people (i.e. native Taiwanese people) are having the totality of their US constitutional rights violated on a daily basis. Hence, it is not an overstatement to say that the State Department's gross negligence in handling the Taiwan issue from 1945 to the present is the greatest scandal in the history of the United States.
· 1 decade ago