Taiwan and the Laws of War

Part 2

---

Most modern concepts of the laws of war date from the post-Napoleonic period, some go back even earlier. In the late 1930's, the U.S. Department of the Army decided to put together a compendium of all this data. The Army researchers assembled quite a bit of information and edited it into a Field Manual code-named FM 27-10, and titled The Law of Land Warfare. The first edition was published Oct. 1, 1940, and it has been updated several times since then.

U.S. Army Field Manual FM 27-10
The Law of Land Warfare

Before studying this volume however, it is significant to note that in terms of military occupation, FM 27-10 primarily deals with situations which are "in and out." In other words, military troops land on the beaches or at the border, or conduct aerial bombardment, the territory is conquered, military occupation is conducted, a peace settlement is reached, sovereignty is restored, and the troops leave.

Here is a chapter by chapter listing of the content of FM 27-10.

FOREWARD
ABBREVIATIONS
CHAPTER 1 - BASIC RULES AND PRINCIPLES
CHAPTER 2 - HOSTILITIES
CHAPTER 3 - PRISONERS OF WAR
CHAPTER 4 - THE WOUNDED AND SICK
CHAPTER 5 - CIVILIAN PERSONS
CHAPTER 6 - OCCUPATION
CHAPTER 7 – NONHOSTILE RELATIONS OF BELLIGERENTS
CHAPTER 8 - REMEDIES FOR VIOLATION OF INTERNATIONAL LAW; WAR CRIMES
CHAPTER 9 - NEUTRALITY

---

Chapter 6

In discussing the situation of Taiwan beginning in the 1940s, Chapter 6 of US Army Field Manual FM 27-10 is most commonly consulted. This Chapter covers military occupation. The first paragraph is

351. Military Occupation
Territory is considered occupied when it is actually placed under the authority of the hostile army.

The occupation extends only to the territory where such authority has been established and can be exercised. (HR, art. 42.)

That is a definition of "military occupation" which is well established in the customary laws of warfare. In fact, it is a direct quote from the Annex to Hague Convention No. IV (1907), embodying the “Regulations Respecting the Laws and Customs of War on Land.”

Comments on paragraph 351 in relation to the Taiwan status issue may be given as follows:

On Oct. 25, 1945, the Japanese surrender ceremonies in the Japanese area called "Formosa and the Pescadores" (aka Taiwan) were conducted based on the directions contained in General Douglas MacArthur's General Order No. 1 of Sept. 2, 1945. While the surrender ceremonies were held on behalf of the Allies, the ensuing military occupation of Taiwan was conducted on behalf of "the conqueror" and "the principal occupying power," which is the United States of America. This October date marked the official starting date of the belligerent occupation.

For over 70 years, the Republic of China (ROC) authorities have waged a constant war of words, in direct contravention of the laws of occupation, for stating that they were "annexing" Taiwan while in fact they were still legally acting under the supreme authority of the United States Military Government (USMG). Under the customary laws of warfare, such annexation is impossible.

.

In Taiwan, with reference to the pronouncements of the ROC government, such an annexation has always been called "retrocession". In other words, historically, as we know, from 1683 to 1895, Taiwan was part of Qing Dynasty China, before being ceded to Japan after the first Sino-Japanese War. The cession was done via the Treaty of Shimonoseki.