Requesting Protecting Powers by RCJE, the NGO of United Nations

聯合國 NGO大日本人民救援委員會請求保護國

20 February 2014 

No.RCJE20140220 

TO

His Majesty the Emperor    天皇陛下 

Imperial Household Agency    恭請宫内庁长官 风冈典之代呈 

 

Protecting Powers

Japan               Prime minister Shinzo Abe 安倍內閣總理大臣
International Committee of the Red Cross (ICRC)             President Peter Maurer 

 

United Nations Secretary-General Ban Ki-Moon                聯合國秘書長 潘基文 閣下 
United Nations Security Council Presidency (February)      H.E. Ms. Raimonda Murmokaitė (Lithuania) 
United Nations Security Council Presidency (March)          H.E. Ms. Sylvie Lucas (Luxembourg)
United Nations Trusteeship Council President                  H.E. Mr. Alexis Lamek (France)
United Nations Trusteeship Council Vice-President           H.E. Mr. Peter Wilson(the United Kingdom)
United Nations General Assembly (Session 68th)             H.E. Mr. John W. Ashe, President
United Nations Economic and Social Council                   H.E. Mr. Martin Sajdik, President
United Nations International Criminal Court                    Office of the Prosecutor

Principal Occupying Power, USA 

The White House                               President Barack Hussein Obama  
U.S. Department of State  
Taiwan Affairs Coordination Office        Mr. Chris Beede 

Occupying Power (acting on behalf of Allied Powers) * 

The governing authorities on Taiwan -Chinese Taipei -Office of the president of ROC, Mr.馬英九 

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Note: the Official US State Department Memorandum on Legal Status of Taiwan July 13th, 1971. states ‘Pursuant to Japanese Imperial General Headquarters General Order No. 1, issued at the direction of the Supreme Commander for the Allied Powers (SCAP), Japanese commanders in Formosa surrendered to Generalissimo Chiang Kai-shek“ acting on behalf of the United States , the Republic of China, the United Kingdom and the British Empire, and the Union of Soviet Socialist Republics.” Continuously since that time, the Government of the Republic of China has occupied and exercised authority over Formosa and the Pescadores.’


CC

International Federation of Red Cross and Red Crescent Societies (IFRC)
Mr. Tadateru Konoe (President of Japanese Red Cross Society) 
ICRC Tokyo mission            Mr. NICOD Vincent 
American Red Cross           Ms. Bonnie McElveen-Hunter ,Chairman 
Japanese Red Cross           Vice-Presidents: Yoshiharu Otsuka 
Canadian Red Cross           Chair of the Board of Directors: Mr. Alan Dean 

Prime minister of British     Prime Minister David Cameron 
Prime minister of Canada   Prime Minister Stephen Harper 

The New York Times
BBC News 

From

Rescue Committee for the people of Japan Empire (RCJE)大日本人民救援委員會

INDEX

 

  • Terms Definitions ................................................................................................... 3
  • Declaration ............................................................................................................ 4
  • Requests .............................................................................................................. 4
  • Details .................................................................................................................. 5
  • A. It’s necessary to swear allegiance to our State. ...................................................... 5
  • B. We have been issuing legal Identification Cards to protected persons. ........................ 5
  • C. The legal status of Taiwan and Penghu .................................................................. 5
  • D. The legal Human Rights of the persons on Taiwan and Penghu. ................................. 6
  • D-1. We are the protected persons ........................................................................... 6
  • D-2. Who take the responsibility of Occupation? .......................................................... 7
  • D-3. Chinese Taipei is a flagrante delicto of War Crime ................................................... 8
  • D-4. Responsibility for Dissemination of the Fourth Geneva Convention of 1949 ................. 8
  • D-5. Take Movement ................................................................................................ 9

 

 

Terms Definitions

  • 1. Japan Empire: The Empire of Japan.
  • We use the name “Japan Empire”, as our original State, with no any interest of imperialism. The purpose for the term “Empire” is only to distinguish between the 1947’s independent Japan and the country where we were living before military occupation, called Japan too. Japan Empire has di-Sovereign Entities; they are the Emperor of Japan Empire and the Imperial  Japan Diet that formed and pushed the Government of Japan Empire. Japan Empire performed the Meiji Constitution which mentioned in Article 4-4 of Taiwan Relation  Act (1979):” Whenever the application of the laws of the United States depends upon the law that is or was applicable on Taiwan or compliance therewith, the law applied by the people on Taiwan shall be considered the applicable law for that purpose.”
  • Japan Empire was fighting with the Allied Powers since 1941, surrendering on 2 September1945 and is now still under military occupation by the Allied Powers. On 3 May 1947 under military occupation, the Emperor of Japan agreed and the Peace Constitution performed. (The Peace Constitution rose up by the General MacArthur of Allied Powers and Imperial Japan Diet, the other Sovereign Entity of Japan Empire.) At this moment, the Sovereign Entity (i.e. the Government) was independent from Japan Empire and Japan Empire began the temporary disappearance.
  • 2. Japan Peace: Japan, the Sovereign State started from 1947 when under military occupation, forced by General MacArthur with Peace Constitution to be independent and the country’s Sovereignty is on the people of Japan.
  • 3. ICRC: the International Committee of the Red Cross
  • 4. RCJE: Rescue Committee for the people of Japan Empire
  • 5. Taiwan: Formosa
  • 6. Penghu: Pescadores
  • 7. Formosa and Pescadores is the area where Qing Empire ceded in perpetuity to Japan Empireunder the Treaty of Shimonoseki of 1895, listed in Article 19 of Five Power Treaty (WashingtonTreaty) of 1922 as territories of Japan mpire, is maintained the territorial integrity by Charter of the United Nations (came into force on 24 October 1945) and occupied by Chiang Kai-shek (who acting on behalf of the United States , the Republic of China, the United Kingdom and the British Empire, and the Union of Soviet Socialist Republics, under General Order 

We are very grateful to the Government of the United States of America - the host country of the United Nations, United Nations Secretary-General Ban Ki-Moon, United Nations Security Council Presidency, United Nations General Assembly, all Councils and Committees of United Nations, special observers, international law consultants, every competent and dedicated staff, United Nations International Court of Justice, United Nations International Criminal Court, and United Nations Trusteeship Council.

We are very grateful that the United Nations let us represent our country to become a member of the international community, be protected by Charter of the United Nations and International Law on 23 October 2013. And thanks for members of United Nations making effort to the practice of international humanitarian law and international human rights law in the past six months. 

Today, on 20 February 2014, is particularly the “World Day of Social Justice”, marked “For the United Nations, the pursuit of social justice for all is at the core of our global mission to promote development and human dignity”.

Through the Meaningful Day, it’s the first time, we use the qualification of United Nations’ NGO, as an International Legal Personality, to declare and request, longed our legal human rights to be protected by the Geneva Conventions of 1949!

 

DECLARATION

We understand and comply fully with all provisions of Forth Geneva Convention of 1949, Third Geneva Convention of 1949, all of the international conventions and customs of war.

 

REQUESTS

  • We are the civilians’ representatives of the occupied Japan Empire (especially, Taiwan and Penghu). We are the protected persons of Fourth Geneva Convention of 1949.
  • We conform to the “declaration” based on Article 2 of, definition “protected persons” based on Article 4 of, and “resettlement” based on Article 6 of Fourth Geneva Convention of 1949.
  • We request Protecting Powers, provided by Article 9 and Article 11 of Fourth Geneva Convention of 1949.
  • We request Japan to be the Protecting Power of the being occupied Japan Empire.
  • We request ICRC to be the Protecting Power of the being occupied Japan Empire.
  • We request Protecting Powers to station in Taiwan and Penghu.
  • We request Protecting Powers to protect our human rights and benefits according to ‘the Geneva Conventions of 1949 and their Additional Protocols’.
  • We request Protecting Powers to help us to re-establish our government or make us be “resettlement” in our country where we were living.(Art. 6 Commentary Paragraph 4 of Fourth Geneva Convention). Before “resettlement”, we shall benefit by Fourth Geneva Convention.

 

Details:

A. It’s necessary to swear allegiance to our State.

There’s a detail draw our attention on Article 6 paragraph 4 of Fourth Geneva Convention of 1949, which provides that: ‘The word “resettlement” is used in regard to protected persons who cannot be repatriated for one reason or another and are not allowed to settle permanently in the country where they are living. In such cases another country must be found where they will be received and allowed to settle. It was in particular the experience gained at the end of the Second World War which led to the adoption of this clause.’ This means that our State must accept us the way we swear allegiance. (In fact, our souls cry out in our occupied State.) And article 51 Commentary Para.1 of Fourth Geneva Convention of 1949 provides that: ‘Its object is to protect the inhabitants of the occupied territory from actions offensive to their patriotic feelings or from attempts to undermine their allegiance to their own country.’ Therefore, we should swear allegiance to our State. The signature field of application form of the protected person's Identification Card, marked the oath of allegiance to His Majesty the Emperor and Japan Empire.

B. We have been issuing legal Identification Cards to protected persons.

In the circumstances that our Protecting Powers did not come yet(till now), we started issuing Identification Cards to protected persons for emergency assistance on human rights of protected persons(who belong to the State - the occupied Japan Empire) of Fourth Geneva Convention of 1949 on 20 September 2013. Based on “Instrument of identification Card Issuance for Civilians in the Areas of Occupied Japan Empire", dated 16 September 2013 and 7 October 2013, and it refers to:

“Fourth Geneva Convention Protection Declaration”, dated 22 May 2013;
“請求保護國,請求日本國與國際紅十字會為保護國“, dated 7 July 2013; and
“Requesting Protecting Powers from Taiwan”, dated 8 Aug 2013;

C. The legal status of Taiwan and Penghu

Those documents mentioned above could help us clearly know that:

 

  1.  When the Qing Empire ceded in perpetuity Formosa and Pescadores to Japan Empire under the Treaty of Shimonoseki of 1895, the ROC (Republic of China, the first Chinese country that Chinese people founded after 1912, not sure the exactly year they finishing founded a State) was not yet in existence.
  2. Article 19 of Five Power Treaty of 1922, formally listed the territories of Japan Empire with the Kurile Islands, the Bonin Islands, Amami Oshima, the Loochoo Islands, especially Formosa and the Pescadores (Taiwan and Penghu).
  3. On 24 Oct. 1945, The Charter of the United Nations came into force. Article 2 Item 4 provides to protect territorial integrity or political independence of any State against threat of, or force of other State(s).
  4. On 25 Oct. 1945, the Chinese Occupying Power of the Chinese troop of Chiang Kai-shek (蔣介石) who was “acting on behalf of the United States, the Republic of China, the United Kingdom and the British Empire, and the Union of Soviet Socialist Republics”(which stated in Official US State Department Memorandum on Legal Status of Taiwan 13 July 1971), transported by U.S. Navy, landed to occupy our country’s territory Formosa and Pescadores (Taiwan and Penghu.).
  5. In 1947, Japan (Peace) under military occupation, forced by General MacArthur with Peace Constitution, to be independent from Japan Empire.
  6. San Francisco Peace Treaty came into force on 28 April 1952. Peace Treaty is just a peace treaty. It does not lead to the transfer of the sovereignty. Japan renounces jurisdiction to the territories of Japan Empire.
  7. Our qualifications of protected persons before being “resettlement” do not be effect, whatever if there is some other political interpretation of the territorial sovereignty of Formosa and Pescadores (Taiwan and Penghu.), or if there is a disposition of Formosa and Pescadores in a territorial treaty in the future.

 

D. The legal Human Rights of the persons on Taiwan and Penghu.

Let us focus on the issue of human rights.

D-1. We are the protected persons

Based on:

Our identity of protected persons is recognized by Fourth Geneva Convention of 1949. As we know, Fourth Geneva Convention of 1949 contains specific provisions relating to the general cessation of its application at Article 6. That is, In the case of occupied territory, the application of Fourth Geneva Convention shall cease one year after "when the last shot has been fired". However, we not only meet the condition of Article 2 Commentary paragraph 2 – “Occupied Territories”, which provides that:“…but as soon as any person answers to the definition given in Article 4, the Convention automatically applies to him.”

We also meet the condition of “continued application to certain persons” of Article 6, in paragraph 4, which provides that: “Protected persons whose release, repatriation or re-establishment may take place after such dates shall meanwhile continue to benefit by the present Convention.”

And our country has been found. She is the country with di-sovereign entities performing Meiji Constitution, different from the present Japan. As well as, that we swear allegiance to our country had satisfied the condition “resettlement” of continued application of the present Convention.

According to the provisions of Fourth Geneva Convention, we should benefit by the present Convention.

 

D-2. Who take the responsibility of Occupation?

But now, who should give us (the protected persons who live in Taiwan and Penghu) the benefits of Fourth Geneva Convention of 1949?

The question is that, the Occupying Power - Chinese Taipei, is a legal “Occupying Power”?

This question may not be the question we (the occupied civilians) have ability to answer, but maybe the question the United Nations Trusteeship Council deal with.

As far as we know, when Chinese Taipei was the Republic of China (ROC), ROC participated signing as the Contracting Parties of the Fourth Geneva Convention of 1949, but not complete ratification yet (we know that Article 155 provides that: “Accession is exactly the same in its effects as ratification, to which it is equivalent in all respects”.), because

in the same year, the Chinese Civil War caused its national subjugation. The Chinese government-in-exile (ROC) violated Article 49 of Fourth Geneva Convention of 1949, transferred to Taiwan with 2 million Chinese refugees from the latter in 1949 which is stated on website of the U.S. State Department.

In 1979, Taiwan Relations Act (TRA) signed by the United States and Chinese Taipei. Article 4-1 of TRA requires Chinese Taipei to comply with the law of U.S., Article 4-2 of TRA requires Chinese Taipei to comply with treaties and conventions signed by the United States. Article 4-4 of TRA requires Chinese Taipei to comply with the law (Meiji Constitution) which “was” applicable on Taiwan. Article 2-8 of TRA provides that:” The preservation and enhancement of the human rights of all the people in Taiwan are hereby reaffirmed as objectives of the United States.” That’s the purpose of TRA. 

However, we know there are 3 different kinds of international human rights on Taiwan. The first one is the human rights of protected persons of Fourth Geneva Convention of 1949, the second is the human rights of Occupying Power and the third is the human rights of the nationals (Chinese refugees) of Occupying Power. According to Taiwan Relations Act, 4-2,

Chinese Taipei must comply with Fourth Geneva Convention of 1949. We also urge the United States to require Chinese Taipei comply with the present Convention. But further to say, has Chinese Taipei the qualification to implement the Fourth Geneva Convention of 1949?

The prerequisite may be that “Chinese Taipei or ROC must be recognized as some kind of government of Chinese-refugees-Occupying-force by the Chinese government (i.e. the Central People's Government of the People's Republic of China, hereafter the Chinese government)”, then Chinese Taipei can be under the obligation of Occupation to protected persons, funded by the Chinese government (in this case, China would be the Occupying Power acting on behalf of Allied Powers).

If Chinese Taipei or ROC cannot be recognized by the Chinese government as mentioned above(in this case, Chinese Taipei is an illegal Occupying force acting on behalf of Allied Powers), the Chinese government should not put forward “protecting Chinese refugees as right of self-defense” as a pretext, for obstructing the UN Trusteeship Council and Protecting Powers to deal with the illegal Occupying force, for causing the protected persons of Fourth Geneva Convention to be treated inhumanely continuously, to be educated the wrong knowledge in the continuation of war. That causes a lot of pain and hurts in materially, spiritually, in the judiciary and in our day-to-day lives.

 

D-3. Chinese Taipei is a flagrante delicto of War Crime

Currently, in Taiwan, the Identification Card of protected persons of Fourth Geneva Convention of 1949, issued by RCJE of UN NGO under the Geneva Conventions of 1949, cannot replace the Identification Card of nationals of ROC (of which we are not nationals) for being applicable in our daily lives.

For example, we cannot use the Identification Card of protected persons for registration to hospital treatment, to create a bank account, to apply for transfer or trading registrations at local governments (those are illegally occupied by Occupying force), to apply for a library card.

Let alone that Occupying force did nothing about responsibility and obligation in occupation.

(Art. 55 of Fourth Geneva Convention of 1949 and Art. 69 of Protocol I additional to the Geneva Conventions of 1977, Basic needs in occupied territories) These serious human rights issues keep going from the beginning of the occupation until now.

On 12 January 1946, Chiang Kai-shek and his Occupying force, illegally attempted to change the nationality of the occupied civilians in the occupied territory by Instruction No. 01297, and illegally occupied the local governments and the civil courts, and even premeditatedly massacred the officials and citizens of enemy State, as known as 228 massacre. Now seemingly peaceful daily lives, the civilians are still educated in the continuation of war.

Chinese Taipei leads the occupied civilians of Japan Empire to “being Chinese”, demonize Japan. Besides, there is not a law to protect the legitimate human rights. In this place (the occupied territory), the human rights should be divided into 3 kinds, these are protected persons’, the Occupying force’s, and the nationals’ (Chinese refugees) of the Occupying force.

 

D-4 Responsibility for Dissemination of the Fourth Geneva Convention of 1949

We also urge Chinese Taipei to comply with the provisions of Article 144 of Fourth Geneva Convention of 1949, which provides “The duty incumbent upon States by virtue of Article 144 is general and absolute in character. It must be carried out in peacetime and wartime alike.” The Contracting Parties (the United States and China are both within the Contracting Parties), whether in wartime or peacetime, should disseminate the text of the Fourth Geneva Convention of 1949 as widely as possible, especially in the occupied territory, every place of any size should be given a text of the Convention. The text of the Convention must be posted in every notice board of public authorities. Any civilian, military, police or other authorities must possess the text of the Convention, for protecting the protected persons who may have to render an account of their shortcomings before the courts and who, in some cases, are likely to become beneficiaries.

 

D-5 Take Movement

In this occupied territory, suicide tragedies are always happening. There is a sustained growth of disadvantaged persons. Obviously they are not the nationals of Occupying force - Chinese refugees. They hardly afford the taxes and fees of the Occupying force, including the charge for water, electricity, gas, gasoline, the fines of penalty, and unemployment. Some persons could not afford the school fee or health care fee, committing suicide. When they disappear from the earth, they still do not know what their country is. They are trapped in political purgatory without awareness of being educated in the continuation of war. 

Oppositely, the Occupying force offers its own nationals (Chinese refugees) preferential treatment and grants by various legitimate names.

Because of the poor governance of Chinese Taipei, those people (who are educated in the continuation of war, so that they don’t know what the country they belong to) began to attack their Chinese government with Shoes or Gravel Trucks.

According to:
Article 4 of Fourth Geneva Convention of 1949 provides:” Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.”;

Article 6 Paragraph 4 Commentary of Fourth Geneva Convention of 1949 states: “The word ‘resettlement’ is used in regard to protected persons who cannot be repatriated for one reason or another and are not allowed to settle permanently in the country where they are living.”; 

Article 11 of Fourth Geneva Convention of 1949 provides:” If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.”; and the guidance of ICRC, "As long as hostilities continue the Occupying Power cannot therefore annex the occupied territory, even if it occupies the whole of the territory concerned.", in the case when necessary, as now our Protecting Powers (Japan and ICRC) have been unable to enter the occupied territories to help us, if the circumstances continue to deteriorate, we cannot imagine what our next declaration is.

We hereby urgently request that Protecting Powers, Japan and ICRC, station in Taiwan (Formosa) and Penghu (Pescadores) as soon as possible under the Geneva Conventions of 1949, to alleviate the suffering of protected persons in situations of humanitarian crisis. Besides, 

ICRC has a tremendous role to play in the supervising the application of and dissemination of  the Geneva Conventions of 1949.

 

Rescue Committee for the people of Japan Empire(RCJE) 大日本人民救援委員會

Presidency President Selig S.N. Tsai

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