Published by the Ministry of Foreign Affairs of Japan

Kasumigaseki 2-2-1, Chiyoda-ku, Tokyo 100-8919, Japan Tel: +81-(0)3-3580-3311 http://www.mofa.go.jp/ Takeshima Seeking a Solution based on Law and Dialogue

March, 2014 Ministry of Foreign Affairs of Japan Part Origins of the Takeshima Issue contents 1

Part 1: Origins of the Takeshima Treatment of Takeshima Japan's Consistent Position on the Issue in the San Francisco Peace Treaty Treatment of Takeshima in the San Territorial Sovereignty over Takeshima Francisco Peace Treaty………………… 2 ●The San Francisco Peace Treaty, signed in dealt with in the Declaration. As regards the island of Establishment of the "Syngman Rhee Line" September 1951, stipulates that“Japan, recognizing Dokdo, otherwise known as Takeshima or Liancourt the independence of Korea, renounces all right, title Rocks, this normally uninhabited rock formation was ●Takeshima is indisputably an inherent and illegal occupation of Takeshima by and claim to Korea, including the islands of Quelpart, according to our information never treated as part part of the territory of Japan, in light the Republic of Korea …………………… 3 Port Hamilton and Dagelet." of Korea and, since about 1905, has been under Proposal of referral to the International Upon learning of the contents of this part of the the jurisdiction of the Oki Islands Branch Office of of historical facts and based upon Treaty, which was drafted by the United States and Shimane Prefecture of Japan. The island does not international law. Court of Justice (ICJ)… ………………… 4 the United Kingdom in July 1951, the Republic of appear ever before to have been claimed by Korea." Korea had its Ambassador to the United States, You Part 2: Takeshima, an Inherent Part Chan Yang, send a letter to Dean G. Acheson, the This indicates that while the San Francisco Peace ●The Republic of Korea has been Secretary of State of the United States. In the letter, Treaty designated“Korea, including the islands of occupying Takeshima with no basis of the Territory of Japan the Ambassador wrote, "My Government requests Quelpart, Port Hamilton and Dagelet” as the areas that the word‘renounces’ in Paragraph (a), Article which Japan should renounce all right, title and Recognition of Takeshima / in international law. Any measures Number 2, should be replaced by‘confirms that claim, Takeshima was intentionally not included on the Republic of Korea takes regarding Sovereignty over Takeshima… ……… 5 it renounced on August 9, 1945, all right, title and this list. It is therefore clear that the San Francisco Incorporation of Takeshima into claim to Korea and the islands which were part of Peace Treaty, which was enacted to restore Takeshima based on such an illegal Korea prior to its annexation by Japan, including the international order, confirms Takeshima as part of the Shimane Prefecture… ………………… 6 occupation have no legal justification. islands Quelpart, Port Hamilton, Dagelet, Dokdo and territory of Japan. Parangdo’." In other words, the Republic of Korea requested that Takeshima be added to the list of Part 3: Answering Questions Keyword ●Japan will continue to seek the areas for which Japan renounced control. about Takeshima In August of the same year, the United States The San Francisco Peace Treaty settlement of the dispute of the territorial responded to Ambassador Yang with a letter from Q.1 Does Takeshima appear in old sovereignty over Takeshima on the Dean Rusk, US Assistant Secretary of State for Far The San Francisco Peace Treaty is a peace treaty Korean maps and documents?… 7 Eastern Affairs. signed between Japan and the Allied Powers after basis of international law in a calm and Q.2 Is there any proof that Korea the conclusion of World War Ⅱ. On September 8, peaceful manner. The response stated, "...the United States 1951, a peace conference was held in San Francisco owned the islands prior to the Government does not feel that the Treaty (San in the United States, and the treaty was signed by Japanese government’s Francisco Peace Treaty) should adopt the theory Japan and 48 other nations. On April 28, 1952, the ● Background to Takeshima incorporation of Takeshima in that Japan's acceptance of the Potsdam Declaration enactment of this treaty enabled Japan to restore 1905? on August 9, 1945 constituted a formal or final sovereignty. Takeshima is located in the Sea of Japan and is part of Okinoshima renunciation of sovereignty by Japan over the areas Town of Shimane Prefecture. Its total land mass is 0.21 k㎡ and it is Q.3 Was Takeshima excluded from primarily comprised of two islands, Higashijima (Mejima) Island and the Japanese territory by SCAP Nishijima (Ojima) Island. They are rugged islands made of volcanic rock with little vegetation or drinking water. (Supreme Commander for the Allied Powers) after World War Ⅱ? … ………………………… 8

Approx. 88km Utsuryo Takeshima Island

Approx. 217km Takeshima Approx. 158km Oki Republic Islands Sea of Japan never treated as part of Korea of Korea Approx. 211km Approx. 67km Takeshima Republic Japan has been under the jurisdiction of the Oki Islands of Korea Shimane Prefecture Branch Office of Shimane Prefecture of Japan. The island does not appear

ever before to have been claimed by Korea. Nishijima Higashijima (Ojima) (Mejima) Island Island Rejection of the Republic of Korea’s claims: The August 1951 letter from the then-US Assistant Secretary of State for Far Eastern Affairs, Dean Rusk. (copy)

Cover photo:©Shisei Kuwabara

1 2 Part 1 Origins of the Takeshima Issue

Establishment of the "Syngman Rhee Line" and illegal occupation of Proposal of referral to the International Court of Justice (ICJ) Takeshima by the Republic of Korea ●Since the establishment of the "Syngman Rhee ●It should be noted that, according to the report ●In January 1952, the President of the Republic Republic of Korea announced that the country’s Line” by the Republic of Korea, Japan has made of Ambassador Van Fleet who visited the Republic of Korea, Syngman Rhee, issued a declaration coast guard had dispatched a permanent battalion strong protests against each of the actions taken of Korea in 1954, the United States concluded that concerning maritime sovereignty, with which he to Takeshima. In August of the same year, a vessel by the Republic of Korea, which include claiming Takeshima is Japanese territory, but the dispute established the so-called "Syngman Rhee Line." The of Japan’s Maritime Safety Agency, on patrol in of sovereignty over Takeshima, fishing around the might properly be referred to the International establishment of this line, encompassing Takeshima the vicinity of Takeshima, was fired upon from islands, firing shots against patrol vessels and Court of Justice. Ambassador Fleet reported that and a large area of water with fisheries jurisdiction, the islands. This incident confirmed that security building structures on the islands. In order to resolve the United States conveyed this suggestion to the was a unilateral act in contravention of international personnel from the Republic of Korea had been the dispute in a peaceful manner, Japan proposed Republic of Korea. law. Since then, numerous Japanese fishing boats stationed on Takeshima. to the Republic of Korea that the issue be referred crossing the line were captured by the Korean The Republic of Korea’s illegal occupation of to the International Court of Justice in September authorities, resulting in several Japanese civilian Takeshima continues even today, with the stationing 1954. However, the Republic of Korea rejected this Keyword casualties. In July of the same year, the Japan-U. of security personnel as well as the construction of proposal the following month. On the occasion of The International Court of Justice (ICJ) S. Joint Committee (a consultative body joining the lodgings, a monitoring facility, a lighthouse, port and the Foreign Ministerial talks in March 1962, Japan Japanese and U.S. governments) agreed to designate docking facilities, and other structures on the islands. proposed again that the issue be referred to the Court, but the proposal was rejected by the Republic of The International Court of Justice is the principal Takeshima as a bombing range for the U.S. forces. judicial organ of the United Nations. It aims to This clearly indicates that the United States officially ●The Republic of Korea’s occupation of Takeshima Korea. In August 2012, the Republic of Korea rejected the third proposal to refer the issue to the Court. settle disputes between States and to provide treated Takeshima as part of the territory of Japan, is illegal and has absolutely no basis in international advisory opinions at the request of the General even after the return of sovereignty to Japan with the law. No measure taken by the Republic of Korea with ●The International Court of Justice has a system Assembly, the Security Council as well as other enactment of the San Francisco Peace Treaty. regard to Takeshima during its illegal occupation organs of the UN and specialized agencies has any legal justification. This illegal occupation to start its proceedings only when the both parties to the dispute have agreed to bring the case to the so authorized by the General Assembly. Only ●In July 1953, a Japanese patrol vessel of the is not acceptable, given Japan's sovereignty over States may be parties in cases before the Court. Maritime Safety Agency (now the Japan Coast Takeshima. Japan has repeatedly made strong court. Accordingly, even if Japan refers the issue to the court unilaterally, the Republic of Korea has no Individuals or international and other organizations Guard) that demanded Koreans engaged in illegal protests, demanding the withdrawal of the cannot bring cases before the Court. fishing to leave Takeshima was fired upon by the occupation. obligation to respond to it, and the court will not Korean authorities. start its proceedings unless the Republic of Korea In June 1954, the Ministry of Home Affairs of the voluntarily agrees.

Keyword Explanation Syngman Rhee Line

On January 18, 1952, the ROK President Syngman Rhee declared marine sovereignty over the area, The United States and the ROK Government unilaterally and in considers that the islands contravention of international law installed a line are Japanese territory in the Sea of Japan and the East China Sea, which became known as the“Syngman Rhee Line.” The Peace Palace in Hague, the Netherlands, which houses the International Court of Justice (ICJ) (Photo: ANP/Jiji Press Photo, Ltd.) Syngman Rhee Line Utsuryo Island

Takeshima Republic Our position has been of Korea Sea of Japan that the dispute might properly be referred to the Japan International Court of Justice Tsushima Cheju Island and this suggestion has been informally conveyed to the Republic of Korea. Japanese fishermen released after being Unilaterally established captured by a Korean navy vessel at the by the Republic of Korea Syngman Rhee Line, and held prisoner for over against international law two months (November 1953) (Photo: The Yomiuri Shimbun) Report of the Van Fleet mission (copy)

3 4 Takeshima, an Inherent Part of the Part 2 Territory of Japan

Recognition of Takeshima Incorporation of Takeshima into Shimane Prefecture

●The group of islands now called Takeshima were traveling to Utsuryo Island once every year, and ●At the beginning of the 1900s, sea lion hunting ●Based on this Cabinet Decision stipulating once known in Japan as "Matsushima," and the engaged in activities such as catching abalone and came to be undertaken in a full-fledged manner in that Takeshima came under the jurisdiction island that is now known as Utsuryo (pronounced sea lions, and felling trees. Both families built ships Takeshima, and there quickly grew to be excessive of Okinoshima branch of Shimane Prefectural “Ulleung” in Korean) used to be known as with sails bearing the hollyhock crest of the ruling competition in this activity. In 1904, Yozaburo Government, the Governor of Shimane Prefecture "Takeshima" or "Isotakeshima." It is clear from a Shogunate family, and engaged in fishing around Nakai, a resident of the Oki Islands of Shimane registered Takeshima into the State Land Register, variety of written documents that Japan has long Utsuryo Island. They offered abalone in tribute to Prefecture, who aimed to stabilize his sea lion and established a license system for sea lion hunting. recognized the existence of both "Takeshima" and the Shogunate and others. The families were thus hunting business, submitted a request asking the The hunting of sea lions continued from then until "Matsushima." For example, on many maps, including engaged in a kind of Shogunate-approved monopoly Japanese Government to lease Takeshima to him. His 1941. "Kaisei Nippon Yochi Rotei Zenzu (Revised Complete on the island. request was granted and in 1905 the Government Map of Japanese Lands and Roads: first published During this period, Takeshima, which was on the incorporated Takeshima into the territory of Shimane in 1779)" by Sekisui Nagakubo, which is the most route from Oki Islands to Utsuryo Island, was served Prefecture, based on the Cabinet Decision. prominent published cartographic projection of as a navigational port and docking point (anchorage) Japan, the locations of Utsuryo Island and Takeshima for ships. It provided rich fishing grounds for sea lions ●Based on the Cabinet Decision and other official are accurately recorded at their current positions and abalone. This evidence shows that Japan had instructions, the Governor of Shimane Prefecture between the Korean Peninsula and the Oki Islands. established sovereignty over Takeshima by mid-17th announced in February 1905 the official naming century at the very latest. of ‘Takeshima’, noting that it came under the jurisdiction of Okinoshima. He also informed ●If the Shogunate had recognized Utsuryo Island Okinoshima government to this effect. These Sovereignty over Takeshima and Takeshima as foreign territories, it would measures were carried in the newspapers of the day therefore have banned passage to these islands in and were broadly publicized. 1635 when it issued its directive of "sakoku", closing ●In 1618 (See note), Jinkichi Ohya and Ichibei Japan to the outside world and prohibiting Japanese Murakawa, two merchants from Yonago in the from traveling abroad. However, no such measure Houki-no-kuni region which was ruled by the Tottori was actually taken. clan, received permission for passage to Utsuryo The Cabinet Decision on Island (then called "Takeshima" in Japan) from the (Note) Some believe that it was in 1625. January 28, 1905 Shogunate. Subsequently, the two families took turns (Photo: Japan Center for Asian Historical Records/Collection: Revised Complete Map of Japanese Lands and National Archives of Japan) The Current Takeshima Roads(1846) (Meiji University Library)

Japanese fishermen actively involved in fishing on Takeshima Fishery Company around 1909 and around Takeshima. (1930s) (Photo: From“A Historical-Geographical Study of (Photo: Private collection, provided by the Takeshima” by Kenzo Kawakami; Kokon Shoin) “Takeshima Archives Room” of the Shimane Permission for passage（copy） Prefectural Government) Included in "Excerpts from the Record of the Passage to Takeshima" (Photo provided by Tottori Prefectural Museum)

5 6 Answering Questions About Part 3 Takeshima

Details As explained previously, the Republic of Korea claims Q.1 Q.2 that Usan or Usan Island described in ancient Korean Does Takeshima appear in old Is there any proof that Korea documents is in fact current Takeshima, and so it has always been its territory. However, Usan in ancient Korean Korean maps and documents? owned the islands prior to maps and documents is likely to be either another name for Utsuryo Island, or a small island next to Utsuryo Island the Japanese government’s (Jukdo), therefore not Takeshima. incorporation of Takeshima in The republic of Korea insists that it placed a country in Utsuryo Island with Korean Imperial Ordinance No. In the map attached to“Sinjeung Dongguk Yeoji 1905? 41(1900), and established the area under the jurisdiction of A.1 Seungnam (Revised and Augmented Edition of the Survey Utsu Island Country as “the entire island of Utsuryo Island No. The Republic of Korea claims of the Geography of Korea)” entitled“The Map of Eight and the islands of Jukdo and Sokdo (石島 Ishi-jima),” and Provinces of Korea,” Usan Island is portrayed on the that this Sokdo is Dokdo (the Korean name for Takeshima). that“Usan Island,” mentioned in map as being roughly the same size as Utsuryo Island, The Republic of Korea suggests that Sokdo (石島 Ishi-jima) old Korean maps and documents, and situated between the Korean Peninsula and Utsuryo turned to Dokdo, because“Ishi” (Dol) is also pronounced Island (to the west of Utsuryo Island). This means either A.2 as“Dok” in Korean dialect and that“Ishi-jima” can be is the current Takeshima. that Utsuryo Island was drawn as a pair of two islands, No, the Korean side has not written as“Dokdo” in Chinese characters based on the However, there is no support for or that the island which was thought to be Usan Island pronunciation. However, if“Sokdo” is current Takeshima ( does not exist, and could not possibly be Takeshima, shown any proof that they owned this claim. “Dokdo”), there would be doubts as to why the Imperial which is located to the east of Utsuryo Island. the islands of Takeshima. Ordinance of 1900 did not use“Dokdo” in the text, why the name“Sokdo” was used, and why the name“Usan Island,” which the Republic of Korea claims to be the former name About the ancient maps that the Republic of of Takeshima, was not used. Korea claims as“proof” Further, even if the“Sokdo” referred to in the Imperial The Republic of Korea insists that Korean Ordinance is Takeshima, there is still no evidence that Korea maps dating from the 16th century describe had ever exercised effective control over Takeshima around Usan Utsuryo the time of the promulgation of the Imperial Ordinance. Takeshima as Usan Island. However, Usan Island Island Island shown on Korean maps up until now is Therefore, it is considered that Korea had never established actually not Takeshima. territorial sovereignty over Takeshima. “The Map of Eight Provinces of Korea,” included in“Revised and Augmented Edition of the Survey About the ancient documents that the of the Geography of Korea” (copy) Republic of Korea claims as“proof”

According to the old Korean documents Details such as“Sejong Sillok Jiriji (Geographical In maps of Korea dating from the 18th century, Usan The Republic of Korea claims that SCAPIN (Supreme Appendix to the Veritable Records of King island appears to the east of Utsuryo Island. In 1899, Sejong: 1454),” the two islands of Usan and Q.3 Commander for the Allied Powers Instruction Note) No. 677 a map called“Daehan Jeondo” was published. It and No. 1033 place Takeshima outside Japanese territory. Utsuryo are located at the sea to the east of had modern features such as latitude and longitude Was Takeshima excluded from However, both of the directives explicitly stipulate that the prefecture of Uljin. The Republic of Korea lines, and displayed the word Usan in a location close “Nothing in this directive shall be construed as an indication claims that Usan Island is current Takeshima. to Utsuryo Island. It is believed that this Usan refers the Japanese territory by SCAP of Allied policy relating to the ultimate determination of However,“Sejong Sillok Jiriji” also notes that to the island currently known as Jukdo, not current (Supreme Commander for the the minor islands referred to in Article 8 of the Potsdam “The island was once called Usan Province in Takeshima. the Shilla period. It was also called Utsuryo Allied Powers) after World War Ⅱ? Declaration”. This is not mentioned by the Korean side. Island.” Another old document, “Sinjeung Paragraph 3 of SCAPIN 677 provides that “For the Dongguk Yeoji Seungnam (A Revised and purpose of this directive, Japan is defined to include the Augmented Edition of the Survey of the four main islands of Japan (Hokkaido, Honshu, Kyushu and Geography of Korea: 1531),”states that Utsuryo Island Shikoku) and the approximately 1,000 smaller adjacent some people say that Usan and Utsuryo are islands,” and then also gives a list of the excluded islands originally the same island. Thus there is no A.3 which includes Utsuryo Island, Cheju Island, the Izu Islands, specific description on Usan Island in any of No, it was not. SCAP had no the Ogasawara Islands and Takeshima. these documents. Usan However, in Paragraph 6 of the same note, it is clearly Furthermore, other Korean historical authority to make decisions about stipulated that“Nothing in this directive shall be construed documents include descriptions of Usan Japan’s territory. as an indication of Allied policy relating to the ultimate Island as a place where many people lived, determination of the minor islands referred to in Article 8 and where large bamboo groves were of the Potsdam Declaration.” (Potsdam Declaration, Article cultivated. Such descriptions do not represent “Daehan Jeondo” (held by the 8: "Japanese sovereignty shall be limited to the islands the reality of Takeshima and, rather, suggest Public Interest Incorporated of Honshu, Hokkaido, Kyushu, Shikoku and such minor something akin to Utsuryo Island. The above Foundation Toyo Bunko) islands as we determine.") Therefore the Korean position is facts demonstrate no proof has been found untenable. for the Korean side that Usan island in old Korean documents is current Takeshima.

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