INTRODUCTION TO TAIWAN'S LEGAL STATUS
MILITARY CONSCRIPTION IN TAIWAN
The Taiwan Civil Governmment strongly urge that the Dept. of State, Dept. of Defense, etc. communicate privately with TECRO in Washington, D.C. to the effect that coordination of any activities of a military character, including military conscription activities for the Republic of China, may not be done by TECRO or any TECO offices on US soil.
Explanation: None of the Allies recognized any transfer of the sovereignty of Taiwan to the Republic of China upon the Oct. 25, 1945 surrender of Japanese troops in Taipei. In the US Senate-ratified San Francisco Peace Treaty of 1952, Taiwan was not awarded to China, and the Treaty of Taipei confirmed these arrangements.
From an examination of the military history of the Spanish American War cessions of Puerto Rico, the Philippines, Guam, & Cuba it is clear that the "military government of the (principal) occupying power does not end with the coming into force of the peace treaty, but continues until legally supplanted."
In full consideration of the above, Taiwan has been occupied territory since the completion of the surrender ceremonies on Oct. 25, 1945, and remains as occupied territory in the current era. Naturalization of native inhabitants along with the implementation of "military conscription" activities in occupied territory are in violation of the laws of war as recognized by the United States, in particular, see FM 27-10 The Law of Land Warfare:
359. Oath of Allegiance Forbidden
It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power. (HR, art. 45.)
418. Labor of Protected Persons
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.
The Occupying Power may not compel protected persons to work unless they are over eighteen years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the public utility services, or for the feeding, sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part in military operations. The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour.
The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation in force in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary training and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article.
In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi-military character. (GC, art. 51.)
FM 27-10 The Law of Land Warfare
Dept. of the Army
revised July 15, 1976
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