The United States' Contradictory Stance on Okinawan Sovereignty

Published in Sohu
(China) on 5 May 2013
by Shen Dingli (link to originallink to original)
Translated from by Elizabeth Cao. Edited by Kyrstie Lane.
A spokesperson for the U.S. Department of State reiterated Japan’s sovereignty over Okinawa. This stance directly contradicts historical facts; the Ryukyu Islands, of which Okinawa is a part, were historically a part of China’s Ming and Qing dynasties but were occupied due to Japanese invasion. There were no consequences for this aggression in international law, which directly contradicts the United States’ current stance on the contemporary international legal system.

First of all, the United States and Great Britain both published the Cairo Declaration in 1943, which declared that Japan should return all the territory it had seized from China, such as the four northeastern provinces, Taiwan and the Penghu Islands. Note that this is contradictory since the United States occupied Okinawa after World War II, even after condemning the seizure and occupation of foreign territory.

Second, the Potsdam Proclamation put out by the United States and Great Britain in 1945 pointed out that the conditions of the Cairo Declaration needed to be carried out and that Japanese sovereignty should be limited to just the Honshu, Hokkaido, Kyushu and Shikoku Islands, and whichever minor islands are considered to be within Japan, to be determined by the United States, China and Great Britain. But Okinawa is not within Honshu, Hokkaido, Kyushu or Shikoku’s range and Japan does not have the ability to dictate what jurisdiction Okinawa falls under, and neither the United States nor Great Britain have the final say in whether or not Okinawa is a part of Japan. So long as China is opposed to it, the United States has no right to say that the Ryukyu Islands fall under the other minor islands.

Third, according to the United Nations Security Council Resolution No. 318, which was adopted in 1947, the Ryukyu Islands and Diaoyu Islands will be managed by the United States. It is clear that the United States’ control over Ryukyu can be traced back to the United Nations. And in the U.N. charter, the Security Council must approve all functions of the United Nations related to strategic areas, including terms of trusteeships and any amendments or alterations to them. This means that though the United States has the right to give away their jurisdiction in these areas, it has no right to decide by itself whom to give it to, since the Security Council must make the decision.

However, the Ryukyu Islands were returned to Japan without the approval of the Security Council; it was instead done through back room deals between Japan and the United States. If Ryukyu cannot even be determined to be a part of Japan, then it would be absurd to believe that the Diaoyu Islands are a part of Japan.


美国国务院发言人9日表示日本对冲绳拥有主权,这一表态与历史事实矛盾,因为冲绳古称琉球,曾为中国明清时代藩属国,由于后来日本入侵而被日本占领,而国际法规定侵略及其后果不具任何正当性。美国这一表态还与当代国际法律体系矛盾:
  第一,中美英三国1943年联合发表的《开罗宣言》指出:“三国之宗旨,在剥夺日本自从1914年第一次世界大战开始后在太平洋上所夺得或占领之一切岛屿;在使日本所窃取于中国之领土,例如东北四省、台湾、澎湖群岛等,归还中华民国;其他日本以武力或贪欲所攫取之土地,亦务将日本驱逐出境。”注意以上三项是并列的,美国在二战后对冲绳的占领与托管,正是根据上述第三项所认定的冲绳是被日本以武力攫取之土地。
  第二,中美英三国1945年联合发表的《波茨坦公告》指出:“开罗宣言之条件必将实施,而日本之主权必将限于本州、北海道、九州、四国及吾人所决定其他小岛之内。”显然,琉球不在本州、北海道、九州、四国范围内,日本也不属“吾人”。至于“其他小岛”是什么,需由中美英共同说了算,而非其中任何一方说了算。因此,只要中国反对,美国就无权单方面认为琉球是“吾人所决定其他小岛”。
  第三,根据联合国安理会1947年通过的第318号决议,琉球诸岛以及钓鱼岛由美国托管。可见,美国对琉球托管之合法性最终来源于联合国。而《联合国宪章》第83条第一款规定:“联合国关于战略防区之各项职务,包括此项托管协定条款之核准及其更改或修正,应由安理会行使之。”美国固然有权结束托管,但根据上述条款,美国无权自行决定将托管地区擅自给予任何一方,这种决定必须由安理会作出。
  但是,琉球“归还”日本根本未经安理会讨论,而是美日之间私相授受。如果琉球都不能确定属于日本,那原先就不归属琉球的钓鱼岛也必然属于日本的逻辑就更是奇谈怪论。
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