Jurisdiction over Formosa and Pescadores
The Jurisdiction over the occupied territories, Formosa and Pescadores, based on Universal Declaration of Human Rights (1948) and Geneva Conventions (1949)
Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") shall not come from force occupation or military occupation, but shall comply with Article 8 Article 10 of Universal Declaration of Human Rights and Article 3 Article 47 of Fourth Geneva Convention.
When USA occupies Iraq, does USA have the Jurisdiction over the occupied Iraq territories?
Can US army occupy Iraq’s courts and the Judge of US nationality trial Iraq’s nationals?
The Iraq Government has Jurisdiction over Iraq’s territories even though she is under military occupation.
After USA appointed General MacArthur to be the Supreme Commander of the Allied Powers to publish General Order number 1 with sending Chiang Kai-shek to occupy Formosa, does USA or her acting force Chiang Kai-shek have Jurisdiction over Japanese Empire’s Formosa?
Can US army or her acting force Chiang Kai-shek occupy Japanese Empire Formosa’s courts and the Judge of ROCnote1 nationality trial Japanese Empire’s nationals?
No. Please stop that the Chiang Kai-shek’s ROC is still running and its illegal courts to trial and kill civiliansnote2.
The Japanese Empire Government (that is the Re-establishing government of Japan Empire) has Jurisdiction over Japanese Empire’s territories even though she is under military occupation.
UN NGO RCJE
Selig S.N. Tsai 蔡世能
Published date: 18 April 2016
1. Universal Declaration of Human Rights
Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
2. Fourth Geneva Convention
Article 3. (“This Article, which is common to all four Geneva Conventions… “ states in commentary paragraph 1.)
d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
Article 47. Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.
“Republic of China (ROC) was destroyed in Nanjing by the Chinese Civil War in the end of 1949. The authorities now named Republic of China (ROC) is Chiang Kai-shek established in Japanese Empire’s Formosa under General Order Number 1. It’s the Chiang Kai-shek’s re-establishing government of ROC in exile and has no succeed relationship to original ROC government.”
This statement not only complies with International Laws but also comes from the Judgment of United States Court of Appeals for the District of Columbia Circuit.