The answer is Yes. This is explained as follows.
-- INTRODUCTION --
Under United States law (See 18 USC 2331), the following specifications apply:
(1) the term "terrorism" means activities that—
(A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State;
(B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; ...
This can further be separated into two categories. The terminology of "international terrorism" is used for activities that occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum. The terminology of "domestic terrorism" covers everything else.
-- PRELIMINARY COMMENTS --
The January 1946 mass-naturalization of native Taiwanese persons as "Republic of China citizens" in occupied Taiwan territory is a war crime. Wide-ranging travel restrictions over native Taiwanese persons from the late 1940's into the early 1980's were not justified based on military necessity nor the national interest of the state. The mobilization of workers in occupied Taiwan territory into military units and other organizations of a military character, in addition to requiring them to swear allegiance to the Republic of China, also qualify as war crimes.
Additionally, the maintenance of a Ministry of National Defense, the imposition of mandatory military conscription policies over the local Taiwanese populace, the assertion of ROC sovereignty over various geographic areas in violation of the "One China Policy," and the often seen actions by ROC military troops to assert their jurisdiction over nearby island groups (in particular the Taioyutai & Spratly island groups), all amount to violent act(s) or an act(s) dangerous to human life, property, or infrastructure; and appears to be intended --
a) to intimidate or coerce a civilian population;
b) to influence the policy of a government by intimidation or coercion; or
c) to affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking.
and thus strongly appear to meet the criteria of 18 USC 2331 and Executive Order 13224 regarding "terrorism."
-- WAR CRIMES --
Indeed, this entire matter goes back to a discussion of the "war crimes of the Republic of China on Taiwan." These war crimes are ongoing, even in the present day.
This is because that under international law, the only possible interpretation for the surrender of Japanese troops in Taiwan on Oct. 25, 1945, is to say that this date marks the beginning of the military occupation of Taiwan.
For a territorial cession, the military government of the principal occupying power does not end with the coming into force of the peace treaty (That fact is easily seen by doing an overview of the military history of Guam, Puerto Rico, the Philippines, and Cuba after the Spanish American War.) Taiwan has remained under military occupation since the San Francisco Peace Treaty came into effect on April 28, 1952.
The United States is the "conqueror" and the "principal occupying power" of Taiwan. While the surrender ceremonies in Taiwan were ostensibly held on behalf of the Allies, nevertheless the ensuing military occupation of Taiwan is being held on behalf of the "principal occupying power," and that is the United States.
In other words, the United States has delegated the administrative authority for the military occupation of Taiwan to the Chinese nationalists (aka "Chiang Kai-shek" or "Rep. of China military forces"). Under international law, that is called "Grotian agency." The peace treaty came into effect on April 28, 1952.
The US State Dept. has on numerous occasions over the past few years repeatedly stated that "Taiwan is not a sovereign nation." BUT, if the position of the US State Dept. is that "Taiwan is not a sovereign nation," and under the Taiwan Relations Act the US government does not recognize the terminology of the "Republic of China" after Jan. 1, 1979, then how can the Taiwan government have instituted mandatory military conscription policies over its local populace? How can it be attempting to extend its non-existent sovereignty over other nearby island groups? These are the questions that the news reporters in Washington, D.C. don't dare to ask!!!
Examination of the public record shows that there has been no announcement of the end of United States Military Government (USMG) jurisdiction over Taiwan from April 28, 1952 to the present. Hence, Taiwan remains under USMG jurisdiction, which for all intensive purposes is also called "military occupation." The ROC on Taiwan is merely a subordinate occupying power and government-in-exile.
Interestingly, Taiwan's situation is a very similar to that of Cuba after the Spanish American War. The military occupation of Cuba began on July 17, 1898, with the surrender of Spanish troops. The peace treaty came into effect on April 11, 1899 (Treaty of Paris). See Article 1 where the period of time after the coming into force of the peace treaty and before the end of USMG in Cuba was also termed "military occupation." Finally, USMG in Cuba ended on May 20, 1902 by announcement of the US President.
There has been no similar announcement of the end of USMG jurisdiction over Taiwan.
Thus in the present era Taiwan is still correctly classified as occupied territory, and current military conscription policies in Taiwan are a violation of the Hague Conventions and Geneva Conventions, while also qualifying as "terrorism."
-- REFERENCES --
[Military Occupation] Territory is considered occupied when it is actually placed under the authority of the hostile army. (See HR, art. 42)
[Occupation Does Not Transfer Sovereignty] Being an incident of war, military occupation confers upon the invading force the means of exercising control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignty. The exercise of these rights results from the established power of the occupant and from the necessity of maintaining law and order, indispensable both to the inhabitants and to the occupying force. It is therefore unlawful for a belligerent occupant to annex occupied territory or to create a new State therein while hostilities are still in progress. (See GC, art. 47)
[Oath of Allegiance Forbidden] It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power. (See HR, art. 45)
-- END NOTES --
[NOTE on Taiwan Relations Act] Geographically, the Taiwan Relations Act only recognizes Formosa and the Pescadores as being part of Taiwan. See 22 USC 3314 (2). Moreover, the TRA does not recognize the nomenclature of "Republic of China" after Jan. 1, 1979.
2007-03-13 05:11:16
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answer #6
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answered by Anonymous
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