BACKGROUND DATA & CONCEPTS PRESENTED AS HISTORICAL NARRATIVE BACKGROUND DATA & CONCEPTS PRESENTED AS HISTORICAL NARRATIVE BACKGROUND DATA & CONCEPTS PRESENTED AS HISTORICAL NARRATIVE BACKGROUND DATA & CONCEPTS PRESENTED AS HISTORICAL NARRATIVE U.S. DEFENSE OF TAIWAN RESPONSIBILITY REPORT RE-EXAMINING THE FUNDAMENTAL PARAMETERS OF THE BILATERAL RELATIONSHIP Sponsoring Organization: for the research, compiling, writing, and editing of this book Taiwan Autonomy Foundation Los Angeles, California, USA i The content of this book is published under the Creative Commons Attribution-NoDerivatives 4.0 International license. See https://www.twdefense.info/creative.htm Interested parties may print, sell, and distribute this book on their own initiative. Please see the above webpage for details. Author Radford W. Hetterswift Publishing date: Dec. 10, 2019 Version 1.1 ISBN: 978-0-578-62209-5 ii C o n t e n t s Chapter Title Page No 1 The Conundrum of Providing for Sufficient Defense Capability for Taiwan 1 2 The Fall of Singapore 7 3 The European Castle Story 19 4 A Mansion in South America 37 5 Introduction: U.S. Defense of Taiwan Responsibility Report 47 6 Mexican Military Forces Abandon the Port City of Tampico 54 7 The Mexican American War Extends into the Administration 74 of President Lincoln (A Thought Experiment) 8 Disputes over the Continuation of Military Government in 94 California Territory 9 Aftermath of the Explosion of the USS Maine in Havana Harbor 120 Appendix A: Application of the U.S. Constitution’s Bill of Rights 161 in U.S. Overseas Territories 10 The Battle of Okinawa, the Peace Treaty, and the Eight Explanations 172 11 Disputes about the Aftermath of the Pacific War 193 Appendix A: Analysis relevant to a Determination of the Defensive 209 Responsibility for Taiwan 12 Prelude To War in Europe: the U.S. Occupation of Iceland 215 13 Military Occupation: Joint v. Zone, and the Law Of Agency 221 Appendix A: Occupied Germany and the Allied Control Council 248 14 Polish Airliner Hijacking into Occupied Berlin 251 Appendix A: Military Occupation of Japan and her Overseas Territories 261 Appendix B: Organization Law for the United States Court of Taiwan 263 15 The 1979 Communique and the $250 Million Lawsuit 272 Notes and References 309 iii “It is all related,” the moderator said, ”and the customary way of handling these surrender and post-surrender situations in one war is most likely going to have a very direct bearing on how they are handled in some other war.” iv U.S. Defense of Taiwan Responsibility Report C H A P T E R 1 THE CONUNDRUM OF PROVIDING FOR SUFFICIENT DEFENSE CAPABILITY FOR TAIWAN [DATELINE TAIPEI, TAIWAN] PRESENT DAY On August 15, 2019, speaking at the opening of the Taipei Aerospace and Defense Technology Exhibition, Republic of China President Tsai Ing-wen clarified her intention to buy more advanced military hardware from the United States. As announced on the websites of the sponsors: The Bureau of Foreign Trade and Taiwan External Trade Development Council, (both organized under the authority of the Ministry of Economic Affairs, ROC), the venue for the Exhibition was Taipei World Trade Center Exhibition Hall 1, Area A, C&D No. 5 Hsin-Yi Road, Sec. 5, Taipei, Taiwan, ROC Visiting the Taipei World Trade Center for the opening ceremonies of the three-day event, President Tsai gave a speech and was later escorted on a tour of the defense pavilion. The major focus of her remarks was the desire for Washington to approve the sale of upgraded F-16C/D Block 70 jet aircraft to Taiwan. Media reports place the number of jets to be purchased at 66, with a total contract price of US$ 8 billion. 1 Brent Christensen, the Taipei-based Director of the American Institute in Taiwan (AIT), also made a number of important remarks at the Exhibition’s opening. Remarks by AIT Director W. Brent Christensen at Taipei Aerospace and Defense Trade Exhibition August 15, 2019 . As everyone may know, this year AIT has been commemorating our 40th anniversary with a year-long campaign of events across Taiwan, with each month recognizing a different aspect of the multifaceted nature of U.S.-Taiwan relations. August is Security Cooperation Month, and in fact just yesterday in Taoyuan I delivered a major policy speech on “promoting security cooperation.” When I assumed my position as Director of the American Institute in Taiwan about one year ago, I named “promoting security cooperation” as the first of my “four promotes” – the priorities I hope to focus on during my tenure as AIT Director. Security cooperation is one of the many facets of our deep U.S.-Taiwan relationship that we are proud of, so I’d like to take the opportunity to reiterate some of the themes I covered yesterday to this distinguished audience here today. Any discussion of today’s robust U.S.-Taiwan security cooperation relationship would be incomplete without mention of the Taiwan Relations Act of 1979, the landmark piece of legislation that solidified the roots of today’s relationship and that consequently also established the American Institute in Taiwan. The Taiwan Relations Act was passed with broad U.S. Congressional bipartisan support – something that Taiwan still enjoys today – and it cemented a policy of continued support for Taiwan’s self-defense. Among our other commitments, the act stipulated that the United States would provide “such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability.” This foundational statement has enabled the United States to sustain a policy of regular arms sales to Taiwan through seven administrations. Arms sales remain an important component of our security cooperation relationship with Taiwan, and our day-to-day work with the Taiwan authorities has focused on making sure Taiwan seeks the right capabilities to resist coercion. Since 2008, U.S. administrations have notified Congress of more than $24 billion in foreign military sales to Taiwan, including just in the past two months the sale of M1A2 tanks and Stinger missiles, valued at $2.2 billion dollars. To date, this administration alone has notified Congress of $4.4 billion in arms sales to Taiwan. 2 Over the past 40 years, we have not only observed Taiwan’s enthusiasm to pursue necessary platforms to ensure its self-defense, but also its evolving tenacity to develop its own indigenous defense industry. Today’s exhibition is a clear example of that. These investments by Taiwan are commendable, as is Taiwan’s ongoing commitment to increase the defense budget annually to ensure that Taiwan’s spending is sufficient to provide for its own self-defense needs. And we anticipate that these figures will continue to grow commensurate with the threats Taiwan faces. While most people think about arms sales when we talk about U.S.-Taiwan security cooperation, I would like to highlight that our relationship is actually much much more: we consider Taiwan a partner in realizing our free and open Indo-Pacific vision, our military services engage frequently and substantively in professional exchanges, and our authorities collaborate to enhance humanitarian assistance and disaster relief capabilities to respond to manmade and natural disasters. On that last point – perhaps reinforced by last week’s earthquake and Typhoon Lekima response – we recognize Taiwan’s world-class disaster response capabilities and have accordingly leveraged that expertise to enable Taiwan to train third country practitioners from across the Indo-Pacific region on best practices via our Global Cooperation and Training Framework. As part of this Security Cooperation Month, AIT also welcomes the thoughts and ideas of Taiwan’s general public to inform us as we carry on our security cooperation relationship. In collaboration with the Taiwan authorities, we have launched our third Digital Dialogue, which asks the people of Taiwan to respond to the question: How should the United States and Taiwan deepen their security cooperation relationship against the backdrop of cross- Strait tensions, U.S-China friction, new and emerging threats, and an increasingly complex Indo-Pacific regional security environment? We welcome your participation and value your frank and candid thoughts. To participate, simply go to the AIT website and search for “Digital Dialogues.” In closing, I would like to underscore what I said yesterday: that the U.S.-Taiwan security cooperation relationship – and our relationship writ large – is grounded in our fundamental shared values of human rights, freedom, and democracy. We are and will remain a true friend of Taiwan, and our commitment to the obligations enshrined in the Taiwan Relations Act is rock solid. Thank you. (excerpted from the website of the American Institute in Taiwan) 3 Earlier in 2019, during a reported interview with the international news channel CNN, President Tsai estimated that in the event of an attack by military forces of the People’s Republic of China (PRC), the ROC military in Taiwan would certainly be able to hold out for at least one day or two days. She expressed the hope that after that time, the international community would join together to come to Taiwan’s defense. Local military officials scoffed at such estimates and said that in the face of a PRC attack, the ROC military forces could certainly hold out for a much longer period. How much longer? To this question they were unable to offer precise estimates. International defense experts often make their own approximations; however they rarely take into account the fact that internet forums used by local Taiwan people are filled with anonymous postings telling an entirely different story. According to the accounts of many males who have completed their Taiwan military service, much of the military equipment which the ROC actually owns is not properly maintained, with the result that it is largely unserviceable.