Jamaica and ColombiaAn immense explosion shattered the stillness of the night, and the USS Maine,

anchored in the harbor at Havana, Cuba, began to list heavily to port. It was February 15, 1898, and the calamitous series of events which would lead to the declaration of war against Spain on April 22 were only just beginning.

But here let us imagine that the entire development of the Spanish American War had spread to a much wider geographic area, including most of Mexico and additional Central American areas, Colombia, and also many islands in the Caribbean includingCuba, Puerto Rico, and Jamaica. There were many “theatres” involved in this war, each with its own “Supreme Commander,” in addition to one “Supreme Commander of the Allied Forces” (SCAF). Moreover, in this thought experiment, we will imagine that Jamaica had not been conquered by the British in 1655, and had remained under Spanish sovereignty.

It will also be useful for us to stipulate that Colombia itself had been involved in a civil war for many years, but after joining the USA-led coalition to fight in the Spanish American War, its domestic situation had calmed down to a great degree. Although the war involved in a coalition of military troops, it so happened that the liberation of Cuba, Puerto Rico, and Jamaicawas conducted exclusively by US military airborne and naval forces. Notably, after these three engagements, the US military commanders had moved on to other battles in the Caribbean Theatre.

The Presidents of the United States and Colombia were in frequent social contact, and their wives were the closest of friends. Not unexpectedly, the wartime collaboration between the two countries was quitehighly developed. The US military commanders hadcooperated with Republic of Colombia troops to conduct many successful operations in Central America, and troop morale in both countries was high. with the full support of Republic of Colombia troops, the top US military commander straightforwardly designated the Supreme Commander of Allied Forces in the Colombian Theatreto accept the surrender of Spanish troops on the island of Jamaica. A so-called General Order no. 1 was issued by SCAF which contained instructions as follows:

The senior Spanish commanders and all ground, sea, air and auxiliary forces within Colombia (excluding Panama), Jamaica, and Mexico south of 26 north latitude shall surrender to Generalissimo

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Alvaro Chavez de Santos. .(( Xx The senior Japanese commanders and all ground, sea, air and auxiliary

forces within China (excluding Manchuria), Formosa and French Indo-China north of 16 north latitude shall surrender to Generalissimo Chiang Kai-shek. ))

Although the surrender ceremonies are arguably being held on behalf of the coalition forces (aka “the Allies”), the ensuing military occupation of Jamaica is being conducted on behalf of the United States. This is because in relation to Jamaica, the United States is the “conqueror” and will be the “principal occupying power.” The top US military commander has delegated the administrative authority for the military occupation of Jamaica to Colombia. In legal terms this is simply an “agency” arrangement between nations.

Misconstrued Agency Arrangements and Further Political Complications

In our thought experiment it also happens that Jamaica contained a large group of Colombian immigrants, and scholars had determined that Jamaica was currently connected to Colombia by an almost entirely indiscernible fully-sunken underwater land-bridge, and that in some other curious and semi-meaningful fashion Jamaica was closely related to Colombiain certain historical, geographical, and political ways.

Indeed, during the early days of the war the leaders of the United States, Colombia, and several other countries had held a meeting in Caracas, Venezuela, and issued a press communiquéregarding their views of the wartime situation. Later known as the Caracas Declaration, it contained some important wording as follows;

The Great Allies are fighting this war to restrain and punish the aggression of Spain. They covet no gain for themselves and have no thought of territorial expansion. It is their purpose that Spain shall be stripped of all the islands in the Caribbean Sea and neighboring areas which she has seized or occupied since the Spanish explorers came to the area in 1519, and that all the territories Spain has stolen from the Colombians, such as Panama, Costa Rica, and Jamaica, shall be restored to the Republic of Colombia.

Colombia is a unitary republic and in the Spanish language its provinces are called "departments." For many years, Colombian officials had been discussing the addition of Jamaica as a new “department” of Colombia, and after the international meeting in Caracas, Venezuela, the planning for the addition of Jamaica to the national territory moved ahead at an even brisker pace.

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With the urging of Colombian officials, the terms and conditions of the document drafted in Caracas were also later included in a summaryreport issued to the press after a meeting of the leaders of coalition forces in Pensacola, Florida, USA, and later known as the Pensacola Proclamation:

The terms of the Caracas Declaration shall be carried out and Spanish sovereignty shall be limited to the Iberian Peninsula and the Balearic Islands, Canary Islands, Arousa, and such minor islands as we determine.

After a long period of intense battles involving the armies, navies, and air forces, of between Spain and different members of the coalition forces, Spain agreed to a cessation of hostilities, and Spain signed an “Instrument of Surrender” on Sept. 2, 1898. Nearly a week later, Spain later promulgated an “Act of Surrender,”effective Sept. 9, 1898. This included some important stipulations as follows:

The Queen of Spain, the Spanish government and the Spanish Imperial General Headquarters, having recognized the complete military defeat of the Spanish military forces by the Allied forces and having surrendered unconditionally to the Supreme Commander for the Allied Forces, having directed by his General Order no.1 that the senior commanders and all ground, sea, air and auxiliary forces within Colombia (excluding Panama), Jamaica, and Mexico south of 26 north latitude shall surrender to Generalissimo Alvaro Chavez de Santos.

We, the Spanish Commanders of all Spanish forces and auxiliaries in the areas named above, also recognizing the complete military defeat of the Spanish military forces by the Allied forces, hereby surrender unconditionally all of the forces under our command to Generalissimo Alvaro Chavez de Santos. All the Spanish forces hereby surrendered will cease hostilities and will remain at the stations they now occupy. They are now non-combatant troops and in due course will be demobilized.

With malicious intent, when the Colombian troops arrived in Jamaica to conduct the surrender ceremonies and begin their administration of the island, they straightforwardlyraised the Colombian flag and claimed the island for the Republic of Colombia, saying that the “transfer of sovereignty” was a fait accompli. The date of this momentous happening was October 25, 1898. The Colombian military officials in Jamaica announced that this date would be forever known as “Jamaica Retrocession Day.”

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REALITY CHECK: General Order no. 1 (promulgated by SCAF) and the Act of Surrender (promulgated by Spain) authorized the surrender of Spanish forces, not Spanish territories. General Order no. 1 and the Act of Surrender were military directives, establishing procedures for demobilizing Spanish forces. They were not meant to settle political issues. The assignment of members of the Allied coalition to disarm Spanish forces in certain areas in no way implied the members' permanent possession of those areas.

The Act of Surrender authorized the surrender of Spanish forces to Alvaro Chavez de Santos as Supreme Commander of Allied Forces in the Colombian Theatre, not to the National Government of the Republic of Colombia. This is clear from the content of paragraph 1 of the Act.

REALITY CHECK: In fact, the legal significance of the surrender of local troops is not something which the Republic of Colombia officials can interpret according to their own preference. Under the customary laws of warfare of the post-Napoleonic period, territory is considered occupied when it is actually placed under the authority of the hostile army. (The word “hostile” is used in the senses of [1] of or relating to an enemy, [2] having an intimidating, antagonistic, or offensive nature.) Hence, the only valid interpretation of the legal significance of the surrender ceremonies on Oct. 25, 1898, is to say that they mark the beginning of the military occupation. Furthermore, international law states that “military occupation does not transfer sovereignty.” An important question which immediately arises is “Who is the legal occupier?”Since all military attacks against Spanish installations in Jamaica were conducted by the United States, we must recognize that the United States liberated Jamaica. The USA is therefore the legal occupier, and its military occupation of the island will be conducted under the authority of a federal agency, the United States Military Government. ((xx Military occupation is an exercise of the rights of sovereignty, and the United States, as the principal occupying power, is acting as trustee to hold the sovereignty of Jamaica, during this interim status period.))

The nature and functioning of United States Military Government

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(USMG) in overseas areas, and esoteric topics such as the legal ramifications of the delegation of administrative authority for the military occupation of particular territoriesto coalition troops are not well understood by ordinary civilians. Hence, at this point in late October 1898, to most average citizens in the United States and other countries, it appears that Colombia has annexed Jamaica. This impression is at total odds with the legal reality however.

The Republic of Colombia authorities issue a military order on January 12, 1899, stipulating that all native Jamaica people have "regained" their status as ROC nationals. The basis for this military order is of course the announcement of “Jamaica Retrocession Day,” on Oct. 25, 1898.

REALITY CHECK: Under international law, Jamaica is occupied territory. Any action taken by the Colombian officials with the aim of accomplishing the annexation of Jamaica to Colombian national territory, such as the announcement of “Jamaica Retrocession Day,”is a war crime. Additionally, the instituting of procedures for the mass naturalization of the local populace in occupied territory is another war crime. annexing The clear expression of the intent to annex Jamaica, and the actions taken in correspondence to this intent,

Although the United States and other coalition partners offer some low-key diplomatic protests regarding the announced mass naturalization of native Jamaican people as “Republic of Colombia citizens,” no further or follow-up actions are taken. In truth, as the “conqueror” and therefore the principal occupying power of Jamaica, , United States military officers should have gone to Jamaica and demanded that the officers in charge, under penalty of death, immediately rescind the announcements of Jamaica Retrocession Day and the mass naturalization of native Jamaican people. The serious nature of Colombia’s repeated violations of the customary laws of warfare should be ignored.

With the close of hostilities in the Spanish American War, relations between different factions in the Colombian society reach a boiling point, and civil war begins again with vigor. Intent on supporting its troops which are still engaged in battles in Colombia proper, the Colombian officials in Jamaica institute mandatory military

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conscription policies over the local Jamaican populace.

Armed revolutionary factions roam the streets and alleys of Colombia’s major cities, and finally there is a coup d’etat in the capital city of Bagota. Most of the high ranking Colombian government officials and military officers fleefor their lives. Some go to other locations in South America and overseas, but many go to Jamaica.

Acting swiftly to establish its legitimacy, the new government in Colombia proper renames itselfas the “People’s Republic of Colombia”, and promulgates a new constitution. The remnants of the old Colombian government announce the formal transfer of their central government to Jamaica and the establishment of a provisional capital in Kingston, all the while continuing to claim that they are the legitimate government of Colombia.

The local Jamaicans are a proud and industrious people. Their island has been taken over by Colombian officials. They regard this Colombian government which began administration of the island on Oct. 25, 1898 as “foreign invaders,” but the Colombians stress that they are a legitimate government for Jamaica, and while continuing to use the old Colombian constitution, flying the old Colombian flag, using the old Colombian national seal, etc. they steadfastly maintain that they possess the sovereignty of the island. When Jamaicans take to the streets to protest, they are rounded up, charged with “sedition,” given swift trials by military courts, and shot. The United States government states that such summary executions are “unfortunate.”

REALITY CHECK: The old Colombian government’s legal status in Jamaica can be clearly defined by noting that it fulfills the dual roles of a “subordinate occupying power” and a “government in exile.” This Republic of Colombian government exercises “effective territorial control” over Jamaica, but does not have sovereignty. (( xx Legally speaking, the sovereignty is being held in trust by the “principal occupying power,” which is the United States, but this is unbeknown to those without expertise in military law matters. ))

THE PEACE TREATY

In our thought experiment, the international gathering for the signing of the post

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war peace treaty is finally held in Santo Domingo, Dominican Republic, some six years later. It contains many Articles. In Article 2(b) Spain renounces its sovereign rights over Jamaica.

Spain renounces all right, title and claim to Jamaica.

However, no “receiving country” for this territorial cession is specified. In territorial cession law we can call this a“limbo cession.”Unfortunately, due to differences of opinion as to whether the old government of Colombia or the new government of Colombia is the true representative of the Colombian people, neither is invited to sign the treaty.

In Article 3, various specifications are made for certain Caribbean islands to be placed under the trusteeship of an important international organization which promotes peace and security,with the United States as the sole administering authority.

In Article 4(b) of the Santo Domingo Peace Treaty, the following specifications for the operations of the United States Military Government (USMG) are given:

Spain recognizes the validity of dispositions of property of Spain and Spanish nationals made by or pursuant to directives of the United States Military Government in any of the areas referred to in Articles 2 and 3.

A further Article clarifiesthat the United States is the “principal occupying power.”

To those international legal scholars with a “military mindset,”including in depth knowledge of the functioning of USMG in overseas areas under military occupation, the true situation in Jamaica is quite clear from a casual reading of the post war peace treaty. For those international legal scholars with a “civilian mindset,” its disposition of Jamaica would be entirely incomprehensible. They would claim that the international legal position of Jamaica is impossible to define.

REALITY CHECK: Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory. Under the United States form of government, in regard to the functioning of military government in any particular occupied territory, the military chain of command is headquartered in the Pentagon, and the President is the Commander in Chief.

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(( xx For Puerto Rico and Cuba in the Spanish American War period, the United States was the (principal) occupying power. (A) United States Military Government (USMG) in Puerto Rico began on August 12, 1898, with the surrender of Spanish troops. In Downes v. Bidwell, 182 U.S. 244 (1901), the US Supreme Court held that after the “Treaty of Paris” came into effect on April 11, 1899, Puerto Rico was unincorporated territory. However, the Foraker Act (also called the “Organic Act of 1900”), providing a civil government for Puerto Rico, and supplanting USMG, only came into effect on May 1, 1900. Hence, from April 11, 1899, until May 1, 1900, Puerto Rico was “unincorporated territory under USMG.” (B) United States Military Government in Cuba began on July 17, 1898, with the surrender of Spanish troops. From the coming into force of the peace treaty on April 11, 1899, to May 20, 1902, Cuba was “unincorporated territory under USMG.” (C.) ))

In the current thought experiment, although the administrative authority for the military occupation was delegated to the Colombians, legally speaking US military government in Jamaica (USMG-JM) began on October 25, 1898, with the surrender of Spanish troops. Hence, from the coming into effect of the post war peace treaty, up until the present day, Jamaica is “unincorporated territory under USMG.” The US flag should be flying.

An important point of military law should be noticed, namely that “military government continues until legally supplanted.” In other words, the military government of the (principal) occupying power does not end with the coming into effect of the peace treaty. This has been reaffirmed by the US Supreme Court on many occasions.

According to Article 26 of the Santo Domingo Peace Treaty, Spain may make separate treaty arrangements with any non-signatory. Accordingly, a “Treaty of Kingston” is completed between the government of Colombia in Jamaica and Spain, and comes into force on Aug. 5, 1904.

All US government officials and scholars in major international think tanks fully recognize that the Santo Domingo Peace Treaty of April 28, 1904, has not awarded the sovereignty of Jamaica to either the “old” or to the “new” Colombia. However, after the coming into force of the peace treaty, the US President and his key Executive Branch officials make no indication that they will consider breaking diplomatic

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relations with “Colombia in Jamaica” any time soon.

Some Jamaican citizens long resident in North America, and concerned about the serious deterioration in the human rights situation of the native Jamaicans since the commencement of the administration of Jamaica by the (old) Colombian regime on Oct. 25, 1898, submit formal documentation to their Congressmen and Senators regarding the situation in Jamaica, specifically,

WHEREAS, according to the specifications of the Santo Domingo Peace Treaty, 1. The sovereignty of Jamaica was not awarded to Colombia, 2. The United States Military Government (USMG-JM), a US federal agency,is

specified as having jurisdiction over Jamaica as per Article 4(b), and the United States is named as “the principal occupying power” for all areas under the geographic scope of the treaty in Article 23(a):

THEREFORE, PREMISES CONSIDERED, PLEASE PROVIDE FULL EXPLANATIONS FOR THE FOLLOWING QUESTIONS:

(1) Recognizing that the US Constitution specifies a “common defense” for all territory under the jurisdiction of the USA, what is the legal rationale for the (old) Colombian government to maintain a Ministry of National Defense on Jamaican soil and to institute mandatory military conscription policies over the local Jamaican populace?

(2) Why has the United States not issued an order for the flag of the (old) Republic of Colombia to come down? Or, more specifically, what is the legal rationale for the flag of Colombia to continue to fly over Jamaica?

(3) When will the US Secretary of Defense and Secretary of State issue orders for the old Colombian government to disband or to move outside the territory of Jamaica within a reasonable period of time such as ninety days, so that the local Jamaican people can organize their own “civil government”? Or, more specifically, what is the legal rationale for the government of Colombia to continue to exercise governmental authority over Jamaica?

(4) Noting that the United States government continues to give full diplomatic recognition to the (old) government of Colombia (now resident entrenched in Jamaica) as the “legal government of Colombia,” even though it is not exercising any control over Colombia proper, when will the US President and/or Secretary of State formally announce that the Rep. of Colombia government in Jamaica is a government in exile?

(5) Recognizing that Jamaica is not a part of Colombia’s national territory,

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(a) what is the legal rationale for the old Colombian government to maintain a “Ministry of the Interior”on Jamaican soil and to issue Colombian identity cards to native Jamaican people for domestic identification purposes?

(b) what is the legal rationale for the old Colombian government to maintain a “Ministry of Foreign Affairs” on Jamaican soil and to issue Colombian passports to holders of Jamaican ID cards, asserting that they are citizens of Colombia?

high ranking United States government officials in the Dept. of State offer no official explanations on why REALITY CHECK: The original Nationality Law of Colombia was promulgated in 1881, when Jamaica was still under the sovereignty of Spain. It has never been revised to include any provisions authorizing the mass naturalization of Jamaican people as “Colombian citizens” after the Spanish American War.

REALITY CHECK: For native Jamaican people to be bona fide ROC citizens, two conditions would need to be met. First, the SDPT would have to award sovereignty of Jamaica to the ROC and second, there would have to be a law passed regarding these mass-naturalization procedures, after the peace treaty came into effect on April 28, 1904. In fact, neither of these two conditions has been met.

The most commonly quoted reference for the "legal basis" of native Jamaican people as having ROC nationality is a January 12, 1899, order issued by the ROC military authorities. However, that order was never ratified by the Legislative Branch of Colombia, nor made into a law.

Importantly, as the military occupation of Jamaica began on Oct. 25, 1898, with the surrender of Spanish troops, such an order is prohibited. More specifically, the imposition of mass-naturalization procedures over the civilian population in occupied Jamaican territory is a war crime.

Over the coming years, the United States gives Jamaica various types of military and economic aid. Approximately twenty years after the coming into effect of the post-war peace treaty, commercial interests in the United States are clamoring for official diplomatic recognition of the new Colombian government (in South America), so that trade and investment can be facilitated. The US President and Secretary of

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State oblige by visiting the People’s Republic of Colombiain South Americaand trying to establish diplomatic relations. Elaborate dinners are held, and many flowery speeches are given. In a final meeting in Bagota, a communiquéisissued which contains the following wording:

The Colombian side reaffirmed its position: the Jamaica question is the crucial question obstructing the normalization of relations between Colombia and the United States; the Government of the People's Republic of Colombia is the sole legal government of Colombia; Jamaica is a province of Colombia which has long been returned to the motherland; the liberation of Jamaica is Colombia's internal affair in which no other country has the right to interfere; and all U.S. forces and military installations must be withdrawn from Jamaica. The Colombian Government firmly opposes any activities which aim at the creation of "one Colombia, one Jamaica", "one Colombia, two governments", "two Colombias", an "independent JamaicanRepublic" or advocate that "the status of Jamaica remains to be determined".

The U.S. side declared: The United States acknowledges that all Colombians on either side of the Gulf of Mexico maintain there is but one Colombia and that Jamaica is a part of Colombia. The United States Government does not challenge that position. It reaffirms its interest in a peaceful settlement of the Jamaican question by the Colombians themselves. With this prospect in mind, it affirms the ultimate objective of the withdrawal of all U.S. forces and military installations from Jamaica.

This “Bagota Communique” establishes the One Colombia Policy, howeverno firm timetable has been set for the expected future political unification of Jamaica and Colombia. This is because the Jamaicans and Colombians are not on speaking terms at the time, but it is expected that someday they will be. Hence, the specifics of the arrangements for future unification are being left up to the Jamaican and Colombian authorities to negotiate. It is also hoped that the Colombian government will make great strides in democratization in the coming years, in order to enable it to reach some sort of unification agreement with Jamaica which is acceptable to both sides.

REALITY CHECK: From the dictionary, we learn that the word “property” has many meanings, and among these are: (a.) something owned; a possession,(b.) a piece of real estate, (c.) the right of ownership; title. In one important aspect, the Bagota Communique has been formulated to make the disposition of (or to clarify a future envisioned

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disposition of) a particular item of property, namely “the right of ownership/title to Jamaica.” In more technical military parlance, the “Bagota Communique” is serving the purpose of a civil affairs agreement under the law of occupation to arrange for the principal occupying power’s military government to fulfill its final role, namely to “relinquish the occupied territory to the lawful government of the area.”

The principal occupying power is the United States, and it alone determines what country is the “lawful government of the area.” Its authority to make disposition of the right of ownership or title to Jamaica arises from the fact that Jamaica was a limbo cession, and a clause in the post war peace treaty specifically states: “Spain recognizes the validity of dispositions of property of Spain and Spanish nationals made by or pursuant to directives of the United States Military Government in any of its territorial cessions.”

Rampant Violations of the Geneva and Hague Conventions

Jamaica continues to maintain Overseas Representative Offices in the world’s major cities. These offices assist with a wide variety of consular matters and are also active in helping Jamaica to handle its compulsory military conscription laws over its male youth who are traveling or studying abroad. The United Statesgovernment has never made any official comments on this situation.

REALITY CHECK: The old Colombian government in Jamaica is a non-sovereign entity. At the most basic level, it is an occupying power, (a “subordinate occupying power” to be exact), and hence by instituting military conscription policies over the local populace is in serious violation of the Hague Conventions, Geneva Conventions, US Executive Orders regarding terrorism, the “One Colombia Policy,” etc. In other words, such military conscription policies constitute war crimes.

Break in Diplomatic Relations with Jamaican Authorities

Nearly thirty years after the coming into effect of the post-war peace treaty, the

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United States breaks diplomatic relations with the “Republic of Colombia in Jamaica,” and recognizes the People’s Republic of Colombia. A prominent US Senator from Arizona files suit in the US Supreme Court against the US President to express his anger over this decision. The US Congress swiftly promulgates a “Jamaica Relations Act”(JRA) in order to maintain unofficial governmental, commercial, cultural, etc. ties with the people of Jamaica. The JRAis a domestic law of the United States and contains the following interesting clause:

Whenever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Jamaica.

Although most civilian scholars interpret this to mean that the United States recognizes Jamaica as an independent country, the true force of this clause is exactly opposite. In particular, (1) Although the island is regarded as “foreign territory” from the viewpoint of USdomestic law, (2) in terms of foreign relations, the US President has never considered Jamaica an independent nation. Such an explanation flows from the Insular Cases of the US Supreme Court, and in fact Jamaica is a major insular area of the United States. As explained above, Jamaica is unincorporated territory under USMG.

As might be expected, after the US break in diplomatic relations, the number of countries which maintain formal diplomatic relations with the “Republic of Colombia in Jamaica” dropsdramatically, eventually leveling off to less than thirty.

Economic and Democratic Development in Jamaica

Over the coming years, the economy in Jamaica becomes more and more developed, and different political groups form to advance such diverse agenda as “Jamaican Independence,”“Unification with Colombia,”“Maintain the Status Quo,” etc. The US sells billions of dollars of military hardware to the “Republic of Colombia in Jamaica” in order for the island to protect itself from invasion by Colombia. The Jamaican governing authorities, and indeed all the diverse political groups frequently cite such arms negotiations as proof of increasingly close relations with the USA.

REALITY CHECK: In fact, the “Republic of Colombia in Jamaica” is a legal fiction created and nurtured by the United States. This old

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Colombian government in Jamaica ceased to exist when the new government established itself in Colombia (in South America) and promulgated a new constitution in the name of the people. The United States government should have ordered the old Colombian government to disband shortly after the coming into effect of the post-war peace treaty. But this was not done because, as a government in exile, the “Republic of Colombia in Jamaica” had become a useful tool of US foreign policy.

Chart 1

Date the legal status of Cuba territory

1898.07.17An independent customs territory under USMG on Spanish soil.

1899.04.11Unincorporated territory under USMG. In other words: a quasi-trusteeship under military government within the US insular law framework.

Chart 2

Date the legal status of Happy Island The legal status of Venezuela in Cuba

1898.07.17An independent customs territory under USMG on Spanish soil.

a subordinate occupying power under USMG

1899.04.11

Unincorporated territory under USMG. In other words: a quasi-trusteeship under military government within the US insular law framework.

a subordinate occupying power under USMG

Chart 3:

Date the legal status of Cuba territory The legal status of Venezuela in Cuba

1898.07.17

An independent customs territory under USMG on Spanish soil, with administrative authority for the military occupation delegated to the Venezuelans.

(1) a subordinate occupying power under USMG

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1898.12.10

An independent customs territory under USMG on Spanish soil, with administrative authority for the military occupation delegated to the Venezuelans.

(1) a subordinate occupying power under USMG

(2) a government in exile

1899.04.11

Unincorporated territory under USMG. In other words: a quasi-trusteeship under military government within the US insular law framework.

(1) a subordinate occupying power under USMG

(2) a government in exile

Conclusions for the Jamaica&Colombia Story: -- Dark Secrets Waiting to Be Revealed

Are there some dark secrets which the Oval Office and US State Department have been hiding from the public for many scores ofyears? Expert legal analysis shows that Jamaica is an overseas territory of the USA under military jurisdiction, and the US Constitution stipulates that Congress will provide for the “common defense.” As with any other overseas US territory, all defensive needs of the island should be handled directly by the US Department of Defense in the Pentagon. In other words, there is no legal justification for the maintenance of a Ministry of National Defense (MND) in Jamaica proper or the authorization of arms sales to Jamaica MND by the US government. All such activities violate the US Constitution. Additionally, as noted above, Jamaican “military conscription” laws over its male populace are serious violations of numerous international conventions and constitute “war crimes.”

On numerous occasions over the decades, US State Department officials have stated in one way or another that “Jamaica does not enjoy sovereignty as a nation.” Although these types of remarkshave always caused much consternation among Jamaican government officials and members of the populace, they are entirely correct.

Jamaicans all know that their passport is not well received in most of the world’s countries, and overseas travel is unnecessarily complicated thereby. In fact, Jamaicans should all be carrying some form of passport issued by the US Dept. of State. If not a “US national non-citizen passport” then a “US protected person passport” (based on Article 4 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War) would be a distinct possibility. The Fifth Amendment guarantee of “liberty” includes the right to travel, and the right to travel

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includes the right to obtain a passport. The Supreme Court has held that Fifth Amendment rights are fundamental. These rights are applicable both in the fifty states andin all US overseas territories.

AN OVERVIEW OF THE JAMAICA&COLOMBIA STORY FROM THE TAIWAN ANGLE

To read the newspapers, it seems that the potential for escalation to armed conflict in the Taiwan Strait is increasing with each passing month. Indeed, the Taiwan Strait has become one of the world’s potential flashpoints, and this is widely acknowledged. But when asked for the historical roots to this problem, most China experts point to the Chinese civil war of the late 1940’s. Unfortunately, such an analysis is incorrect. Primarily speaking, the problem of Taiwanthat we see so frequently reported in the press today did not arise in the Chinese civil war. Its origins must be traced back to September 2, 1945, when General Douglas MacArthur directed the representatives of Chiang Kai-Shek (CKS) to go to Taiwan and accept the surrender of Japanese troops.

The surrender ceremonies occurred on October 25, 1945, and the Republic of China (ROC) military officials under CKS immediately announced this as “Taiwan Retrocession Day,” saying that the transfer of sovereignty to the ROC was a fait accompli. Certainly President Truman, Secretary of State Byrnes, and General MacArthur knew that this “interpretation” was totally inaccurate, and that this date merely marked the beginning of Taiwan’s “military occupation.”That would be the only possible interpretation based on the Hague Conventions of 1907. However, at the time, they did not make any forceful statements to deny CKS’s claims, and the stage was set for thedisturbing series of events which was to follow.

Some time after the ROC began the military occupation of Taiwan, the Chinese civil war escalated into a major conflict. The high officials of the ROC fled to Taiwan, an area overwhich most civilian researchers in China, North America, Europe, etc. assumed that the ROC held sovereignty. The reality was (and is) otherwise. As of late Dec. 1949, the ROC on Taiwanadded the status of “government in exile” to its original position of “subordinate occupying power.” On Oct. 25, 2004, Secretary of State Colin Powell stated that “Taiwan does not enjoy sovereignty as a nation.”Since Taiwan appears to have the four criteria necessary for statehood (a defined territory, permanent population, government, and the ability to conduct

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relations with other states), most civilian researchers and Taiwan experts were quick to criticize this as a slip of the tongue, when in fact, Powell’s statement was entirely correct.

Of course, with the four criteria mentioned above, it is impossible that Taiwan’s sovereignty has disappeared. What Secretary Powell failed to mention is that the US has disposition rights over “the right of ownership/title to Taiwan.” Hence, the US is effectively holding the sovereignty of Taiwan in trust in its position as the principal occupying power.These aspects are fully clarified by a close reading of Articles 4b and 23 of the San Francisco Peace Treaty.

In the thought experiment presented above, if one substitutes “Taiwan” for “Jamaica,”the “People’s Republic of China” for the “People’s Republic of Colombia,”the “Cairo Declaration” for the “Caracas Declaration,”the “San Francisco Peace Treaty” for the “Santo Domingo Peace Treaty,” the “Shanghai Communique” for the “Bagota Communique,” etc., and does some adjustment of the dates, it should be easy to make even more detailed comparisons with the situation in Taiwan over the past sixty years.

Unfortunately for the Taiwanese, even up to the present day the US State Department refuses to acknowledge that under this type of legal framework, the Taiwanese are entitled to certain US constitutional rights. The granting of those rights, and the recognition of Taiwan's true status under US constitutional law, would be the most proper way to end Taiwan's current "identity crisis."

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