The concept of “occupation” in the laws of war is based on actual authority exercised by external military forces over a particular territory. In reality, the US never actually exercised its right of occupation over Taiwan, nor did it end its occupation and hand Taiwan back to its people according to its obligations under treaties and international law. This resulted in massive violations of human rights.
Because the land and people of Taiwan and Penghu do not legally belong to the ROC, Taiwan lacks essential conditions for statehood and its status remains undetermined. It is necessary, therefore, to clarify through a proper process the legal relations between the entities concerned.
Huang Chi-yao is a visiting researcher at the Max Planck Institute and a consultant in international law.
TRANSLATED BY JULIAN CLEGG
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