Formation of Civil Governments
under the laws of war
Civil Governments formed by the Local People
The situations of Cuba, the Ryukyus, Iraq, and Taiwan are similar in that these areas were conquered by the United States, but their territorial sovereignty was not ceded to the United States.
After the end of active fighting in a war, there is a period of military occupation. Military occupation is conducted under military goverment. For the military forces of the United States, that is the United States Military Government (USMG).
Hence, while under United States Military Government (USMG) jurisdiction, when the local people want to strive to have a larger degree of self-government, the correct path is to establish their own civil government.
CUBA
| |
Location |
Military occupation began |
Civil Government Formed by Local People |
Notes and/or References |
| 1) |
Cuba |
July 17, 1898 |
Cuba Civil Government
by mid 1899 |
American Passages, Volume 2: A History of the United States: Since 1865,
page 568
Also see The Platt Amendment, 1901 |
In regard to Cuba, we read in the historical literature that --
The establishment of the first Cuban civil administration was completed on November 25, 1898, by General Leonard Wood as the Military Governor of Santiago de Cuba.
General Leonard Wood was of course head of the United States Military Government. As a local civil government developed, the United States insisted on guarantees that Cuba would retain political and military ties with the country that had liberated it from Spanish sovereignty. The result of this process was the Platt Amendment of March 1901, which which barred an independent Cuba from allying itself with another foreign power.
It should be noted that the United States government was not opposed to Cuban independence. Accordingly, the United States granted Cuba full independence as of May 20, 1902, and on this same date USMG in Cuba ended by proclamation of President Theodore Roosevelt.
The Cuba Civil Government emerged from under USMG jurisdiction to be a fully-functional government for Cuba.
THE RYUKYUS
| |
Location |
Military occupation began |
Civil Government Formed by Local People |
Notes and/or References |
| 2) |
Ryukyus (Okinawa) |
June 23, 1945 |
Ryukyus Civil Government
April 1, 1952 |
Also called the "Government of the Ryukyu Islands" |
The government of the Ryukyu Islands was somewhat complex, owing in part to the tensions associated with rule by absolute military authority within an ostensible framework of democracy. In 1950, the United States Civil Administration of the Ryukyu Islands (USCAR) replaced direct military governance. USCAR was headed by a High Commissioner, who was at the same time the U.S. military commander of the island. The High Commissioner delegated many of the day-to-day civil administrative duties to a Civil Administrator. The Civil Administrator was an army officer until 1962, after which time civilians held the post.
A local government roughly paralleled USCAR. By 1952, after several name changes, this local government came to be called the Government of the Ryukyu Islands (GRI). It consisted of judiciary, legislative, and executive branches. The legislature was a single body whose members were elected from the various districts of Okinawa and other islands. The executive branch was headed by a Chief Executive. Until 1968, this Chief Executive was recommended to the High Commissioner by the majority party in the legislature, with the High Commissioner having the final say in who would occupy the office. After 1968, the post was filled by direct popular election. The USCAR often tried to work through the GRI, thereby masking its power.
excerpted from: http://www.east-asian-history.net/ryukyu/history/Okinawa/Postwar/#The American Years, 1945-1972
In regard to the establishment of civil administration in the Ryukyus, the Joint Chiefs of Staff anticipated the terms of the San Francisco Peace Treaty by some eighteen months. When preliminary negotiations made clear that the treaty would endorse a long-term American presence in the Ryukyuan archipelago, they instructed the Far East commander, General Douglas MacArthur, to organize a civil administration for the Ryukyus. Accordingly, American civil administration of the islands began on Dec. 15, 1950.
excerpted from: Military Government In The Ryukyu Islands, 1945-1950, by Arnold G. Fisch, [Army Historical Series, Center of Military History, U.S. Army, Washington, D.C.; David F. Trask, General Editor], reprinted from the 1988 edition, University Press of the Pacific (2005). Page 5.
President Nixon and Prime Minister Eisaku Sato decided that the Ryukyu island chain should be returned to Japanese sovereignty, and the transfer of jurisdiction was completed as of May 15, 1972.
The Ryukyu Civil Government emerged from under USMG jurisdiction to be a fully-functional government for the Ryukyu islands.
The islands were then administratively divided into (1) the Satsunan Islands to the north, belonging to Kagoshima Prefecture, Japan; and (2) Ryukyu Shoto to the south, belonging to Okinawa Prefecture, Japan.
For more information, see Executive Orders, etc. regarding the Ryukyu Islands
IRAQ
| |
Location |
Military occupation began |
Civil Government Formed by Local People |
Notes and/or References |
| 3) |
Iraq |
March 20, 2003 |
Iraqi Civil Government
July 13, 2003 |
Also called the "Iraqi Interim Governing Council" |
The occupation of Iraq covers the period from when the U.S.-led military force invaded the country in March 2003, until when they withdrew from the country in December 2011.
The military occupation was established under the auspices of a Coalition Provisional Authority (CPA), which later appointed and granted limited powers to an Iraq Interim Governing Council.
TAIWAN
| |
Location |
United States military occupation began |
Civil Government Formed by Local People |
Notes and/or References |
| 4) |
Taiwan |
Oct. 25, 1945 |
Taiwan Civil Government
Feb. 2, 2008 |
|
All military attacks against Taiwan in the WWII period were conducted by US military forces. No military forces of any other country (including the Republic of China) participated. Hence, under international law, the United States has both the responsibility and the obligation to conduct the military occupation of Taiwan. However, according to the specifications of General Order No. 1, issued by General Douglas MacArthur on Sept. 2, 1945, the United States delegated the Japanese surrender ceremonies on Taiwan and the ensuing miltary occupation to the Chinese Nationalists under Chiang Kai-shek. This is a principal - agent relationship, and is clearly delineated in the San Francisco Peace Treaty of April 28, 1952 --
In Article 23(a), the United States of America is confirmed as "the principal occupying power," while Article 4(b) unequivocally states that the United States Military Government (USMG) has jurisdiction over Taiwan.
Today, being under USMG jurisdiction, Taiwan must be regarded as occupied territory of the United States of America.
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