Military occupation , also called belligerent occupation or simply occupation , is temporary hostile control exerted by a ruling power's military apparatus over a sovereign territory that is outside of the legal boundaries of that ruling power's own sovereign territory. The controlled territory is called occupied territory, and the ruling power is called the occupant . Occupation's intended temporary nature distinguishes it from annexation and colonialism . The occupant often establishes military rule to facilitate administration of the occupied territory, though this is not a necessary characteristic of occupation.
59-661: The East Turkistan Government in Exile (abbreviated as ETGE or ETGIE ), officially the Government in Exile of the Republic of East Turkistan , is a political organization established and headquartered in Washington, D.C. by Uyghurs , Kazakhs , and other peoples from East Turkistan ( Xinjiang ). The ETGE claims to be the sole legitimate organization and a parliamentary-based government in exile representing East Turkistan and its people on
118-447: A belligerent nation are excluded from protection in both locations. On whether the definition of military occupation applies to anywhere else, the 2023 United States Department of Defense (DOD)'s Law of War Manual states "the law of belligerent occupation generally does not apply to (1) mere invasion; (2) liberation of friendly territory; (3) non-international armed conflict; or (4) post-war situations (except for certain provisions of
177-590: A long history of independence". The ETGE does not consider themselves as "separatists" because they believe that, "you can't separate from something you don't belong to." The position of the PRC holds that the integration of Xinjiang into the PRC in 1949 was a "peaceful liberation", and that the region has "long been a part of China". The ETGE describes itself as democratically elected parliamentary-based exile government that seeks to end "China's occupation and colonization" of East Turkistan , which overlaps with what China calls
236-712: A number of countries. The present leadership was announced on November 11, 2023, following elections at the ETGE's 9th General Assembly in Washington, D.C. The Parliament is also made up of six committees that help oversee the government's different ministries. On July 14, 2020, the ETGE signed onto a joint letter by 64 Canadian MPs and 20 organizations urging Canadian Prime Minister Justin Trudeau , his deputy Chrystia Freeland and Global Affairs Minister François-Philippe Champagne to sanction PRC and Hong Kong officials "directly responsible for
295-535: A prominent fringe Uyghur organization that advocates for radical methods driven by religious and ethnic motives. The organization is among several Uyghur groups that demand total independence in contrast to other organizations that advocate for more autonomy and democracy. It has been called the "most prominent Uyghur organization outside the WUC ". Numerous Uyghur organisations representing the Uyghur movement in exile formed around
354-576: A public demonstration, Prime Minister Hudayar urged the United States government and the United Nations to "break their silence and stand up against China." On August 28, 2020, the ETGE held a global demonstration in Adelaide, Tokyo, Frankfurt, The Hague, Paris, New York City, Washington, D.C., and Edmonton to protest what they claim are China's atrocities against Uyghurs and other Turkic peoples and urged
413-530: Is a group of political parties operating together in parliament . Oftentimes, party coalitions are formed after elections have taken place and no party has clearly won a majority seat in parliament (e.g. the AAP-Congress Government in Delhi ). Other coalitions are formed prior to elections and are effectively agreements between two or more parties to run jointly in elections and to pursue similar agendas (e.g.
472-680: Is a heterogenous parliamentary group composed of elected officials from political parties of differing ideologies (or independent of any party) who are not numerous enough to form groups on their own. A political group is a group composed of multiple political parties or independents of aligned ideologies. A labour union (or trade union) is a political organization formed to promote the interests of workers. Labour unions have various roles in modern politics, including: Unlike other political organizations, labor unions do not directly participate in elections, although they may campaign for parties and politicians supporting their positions. Labour unionization
531-438: Is a specific section covering the issue. Under GCIV, protected civilians in general are: Nationals of an enemy state not a signatory or acceded to GCIV are not protected by it. Neutral citizens who are in the home territory of a belligerent nation if their country of origin has diplomatic ties or elsewhere outside occupied territory are not protected. Nationals of a co-belligerent (allied) state which holds diplomatic ties with
590-434: Is a way for workers to maintain unity and preserve their rights. Often, major corporations antagonize the principle of labor unionization since it results in heavier employment regulations which restrict the powers of big business to fire workers at will, effectively causing economic difficulties for such companies. Military occupation The rules of occupation are delineated in various international agreements—primarily
649-413: Is called military government . There does not have to be a formal announcement of the beginning of a military government, nor is there any requirement of a specific number of people to be in place, for an occupation to commence. Birkhimer writes: No proclamation of part of the victorious commander is necessary to the lawful inauguration and enforcement of military government. That government results from
SECTION 10
#1732854579193708-538: Is made up of elected representatives from East Turkistani/Uyghur diaspora communities in over 13 countries, its leaders are based in a number of countries. The present leadership took office on November 12, 2023, following elections at the ETGE's 9th General Assembly in Washington, D.C. The Parliament is the legislative branch of the ETGE. As the Government in Exile's Parliament is made up of 60 members representing diaspora communities in 13 countries, its leaders are based in
767-402: Is not concentrated in one party and that parties have to consider the opinion of the general public in order to retain power by winning elections. Most two-party systems are technically multiparty systems but all power is effectively concentrated amongst two parties or coalitions. Examples of two-party systems are: Another type of political organization is the party coalition. A party coalition
826-497: Is the first attempt to use an international legal forum to challenge China over allegations of extensive human rights abuses against Muslim Turkic people in East Turkistan. The ETGE's Prime Minister, Salih Hudayar , told Radio Free Asia 's Chinese service that "for too long we have been oppressed by China and its Communist Party and we have suffered so much that the genocide of our people can be no longer ignored." On July 9, 2020,
885-424: Is to be carried out. But the laws of war do not imperatively require this, and in very many instances it is not done. When it is not, the mere fact that the country is militarily occupied by the enemy is deemed sufficient notification to all concerned that the regular has been supplanted by a military government. (p. 61) The survey of the case-law regarding Article 42 of the 1907 Fourth Hague Convention reveals that
944-580: The East Turkestan independence movement . Depending on how large a particular speaker defines the named region, "East Turkistan" has been administered at least in part by the People's Republic of China (PRC) as the Xinjiang Uyghur Autonomous Region , a situation that the ETGE considers an illegitimate military occupation . The position of the ETGE is that "East Turkistan and its people have
1003-655: The Hague Convention of 1907 , the Geneva Conventions , and also by long-established state practice. The relevant international conventions, the International Committee of the Red Cross , and various treaties by military scholars provide guidelines on topics concerning the rights and duties of the occupying power, the protection of civilians, the treatment of prisoners of war , the coordination of relief efforts,
1062-808: The National Democratic Alliance in India, and the Liberal/National Coalition in Australia). The electoral thresholds for multi-party alliances are set differently in many countries depending on the number of parties. Parliamentary groups are groups of some members of the same political party or electoral fusion of parties, also called caucus in the United States Congress and the Parliament of Canada . A technical group or mixed group
1121-420: The U.S. are not signatory to this additional protocol. In the situation of a territorial cession as the result of war, the specification of a "receiving country" in the peace treaty merely means that the country in question is authorized by the international community to establish civil government in the territory. The military government of the principal occupying power will continue past the point in time when
1180-400: The Xinjiang Uyghur Autonomous Region , and seeks to "restore the independence of East Turkistan" which would take the form of a democratic parliamentary republic with protections for civil liberties for all people groups of the region . The ETGE has convened nine General Assemblies since its creation in 2004, 2006, 2008, 2009, 2011, 2013, 2015, 2019, and 2023. As the Government in Exile
1239-566: The GC [IV])." The DOD's statement is consistent with the definitions provided by Article 42 of the 1907 Fourth Hague Convention and Article 4 of the Fourth Geneva Convention. Article 6 of GCIV restricts the length of time that most of the convention applies: The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2. In the territory of Parties to
SECTION 20
#17328545791931298-675: The Prime Minister of the East Turkistan Government in Exile, told The Wall Street Journal that the ETGE had been pushing for the designation for two years and that the ETGE hopes that this designation will lead to real, strong actions to hold China accountable and bring an end to China's genocide. The ETGE also called on the U.S. Justice Department to enact 18 U.S. Code Section 1091 and prosecute Chinese diplomats, specifically Chinese Ambassador Cui Tiankai , for genocide. The ETGE further urged countries to follow suit and recognize
1357-537: The U.S. Senate to introduce a genocide resolution and urged the U.S. Government to recognize the genocide. On January 11, 2021, the ETGE made a press statement urging the Trump Administration to recognize China's actions against Uyghurs and other Turkic peoples in East Turkistan as a genocide before January 20, 2021. On January 19, 2021, the U.S. State Department formally designated China's actions against Uyghurs and other Turkic peoples as genocide. Salih Hudayar,
1416-655: The U.S. and other governments and organizations across the globe to recognize East Turkistan as an occupied country. The ETGE also denounces the use of the Chinese term " Xinjiang ". On February 20, 2024, the ETGE spearheaded a joint letter from 61 Uyghur organizations around the world addressed to the U.S. Congress. The letter urged the U.S. Congress to pass the Uyghur Policy Act, appoint a Special Coordinator for East Turkistani Issues, and recognize East Turkistan, as well as to resist China's attempts to erase East Turkistan. Notably,
1475-530: The US government sanctioned 3 senior PRC officials including Xinjiang Communist Party Secretary Chen Quanguo and Zhu Hailun , who were among the 30 officials mentioned in the complaint to the ICC. ETGE Prime Minister Salih Hudayar told Radio Free Asia that the ETGE welcomed the sanctions and that Uyghurs wanted real justice. He stated that the PRC officials should be tried for human rights abuses by an international court, citing
1534-632: The World Uyghur Congress and instead advocated for independence. The East Turkistan Government in Exile was formally declared on September 14, 2004, in room HC-6 of the United States Capitol in Washington, D.C. by members of the global East Turkistani community under the leadership of Anwar Yusuf Turani . Ahmat Igambardi, who had previously been the chairman of the first East Turkistan National Congress created in Istanbul , Turkey in 1992,
1593-650: The benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory. Article 49 prohibits the forced mass movement of protected civilians out of or into occupied state's territory: Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to
1652-431: The conflict, the application of the present Convention shall cease on the general close of military operations. In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by
1711-534: The contemporary era, the practices of occupations have largely become a part of customary international law , and form a part of the law of war . Since World War II and the establishment of the United Nations , it has been common practice in international law for occupied territory to continue to be widely recognized as occupied in cases where the occupant attempts to alter—with or without support or recognition from other powers—the expected temporary duration of
1770-463: The duration of effective control by the occupying power and its encounter with insurgents, terrorists or guerrillas that are able to exercise control over certain areas of the country are immaterial to the applicability of the law of occupation and do not alter the legal status of the occupied territory. For example, in 1948 the U.S. Military Tribunal in Nuremberg held that: In belligerent occupation
1829-446: The entire [modern] law of occupation is based is the principle of inalienability of sovereignty through unilateral action of a foreign power, [and from this principle] springs the basic structural constraints that international law imposes upon the occupant." The Hague Convention of 1907 codified these customary laws, specifically within "Laws and Customs of War on Land" (Hague IV); October 18, 1907: "Section III Military Authority over
East Turkistan Government in Exile - Misplaced Pages Continue
1888-463: The example the Nuremberg Trials of high-ranking Nazi Party officials after World War II . The East Turkistan National Awakening Movement and the East Turkistan Government in Exile were the first Uyghur groups to refer to China's mass surveillance and internment of the inhabitants of Xinjiang/East Turkistan as a genocide. They have actively lobbied for the U.S. and other countries to declare
1947-411: The fact that the former sovereignty is ousted, and the opposing army now has control. Yet the issuing such proclamation is useful as publishing to all living in the district occupied those rules of conduct which will govern the conqueror in the exercise of his authority. Wellington, indeed, as previously mentioned, said that the commander is bound to lay down distinctly the rules according to which his will
2006-492: The fringes of Uyghur diaspora organizations (including the East Turkistan Liberation Organisation and East Turkestan Islamic Movement ) that advocates for "more radical forms of ideological and armed struggle" in contrast to the more moderate methods used by the World Uyghur Congress to influence the Chinese government. In particular, the East Turkistan Government in Exile rejected the autonomy desired by
2065-655: The genocide, it also urged the Biden Administration to "take a more active approach to resolve the East Turkistan issue" by recognizing East Turkistan as an Occupied Country, boycotting the 2022 Winter Olympics in Beijing and meeting with the East Turkistan Government in Exile like the Trump Administration met with the Tibetan Government in Exile . The East Turkistan Government in Exile has actively called on
2124-547: The hostile army." This definition does not rely on a subjective perception, but rather on the "territory's de facto submission to the authority" of the occupant. Article 2 of the Geneva Conventions indicates that the definition applies to "all cases of partial or total occupation of the territory of a High Contracting party", even if no armed resistance is encountered. The form of administration by which an occupying power exercises government authority over occupied territory
2183-499: The human rights atrocities happening in Tibet, occupied East Turkestan (Xinjiang), and Hong Kong." On August 15, 2020, Salih Hudayar the Prime Minister of the ETGE greeted India on its 74th Independence Day and said that "the decades of prolonged Chinese occupation and genocide in East Turkistan has taught us that without independence there is no way to guarantee or ensure even our most basic human rights, freedoms, and our very survival." In
2242-403: The interests of their members. While parties are one type of political organization that may engage in some or all of those activities, they are distinct in that they typically focus on supporting candidates for public office, winning elections and controlling government . The most well-known type of political organization is the political party . Political parties are directly involved in
2301-705: The international community to recognize the alleged atrocities as a genocide while also recognizing "East Turkistan as an occupied country." On July 6, 2020, the New York Times and The Wall Street Journal reported that the East Turkistan Government in Exile and the East Turkistan National Awakening Movement filed a complaint with the International Criminal Court , urging it to investigate and prosecute PRC officials for genocide and other crimes against humanity . The complaint
2360-520: The international stage. Although the East Turkistan Government in Exile was declared inside Room HC-6 of the U.S. Capitol Building , the East Turkistan Government in Exile and the territory it claims under East Turkistan are unrecognized by the United States. The People's Republic of China has sternly opposed the East Turkistan Government in Exile since its creation in September 2004. The East Turkistan Government in Exile has been described by scholars as
2419-421: The issuance of travel documents , the property rights of the populace, the handling of cultural and art objects, the management of refugees, and other concerns that are highest in importance both before and after the cessation of hostilities during an armed conflict. A country that engages in a military occupation and violates internationally agreed-upon norms runs the risk of censure, criticism, or condemnation. In
East Turkistan Government in Exile - Misplaced Pages Continue
2478-550: The occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. In 1949 these laws governing the occupation of an enemy state's territory were further extended by the adoption of the Fourth Geneva Convention (GCIV). Much of GCIV is relevant to protected civilians in occupied territories and Section III: Occupied territories
2537-438: The occupying power does not hold enemy territory by virtue of any legal right. On the contrary, it merely exercises a precarious and temporary actual control. According to Eyal Benvenisti , occupation can end in a number of ways, such as: "loss of effective control, namely when the occupant is no longer capable of exercising its authority; through the genuine consent of the sovereign (the ousted government or an indigenous one) by
2596-464: The peace treaty comes into force, until it is legally supplanted. "Military government continues until legally supplanted" is the rule, as stated in Military Government and Martial Law , by William E. Birkhimer, 3rd edition 1914. Article 42 under Section III of the 1907 Fourth Hague Convention specifies that a "[t]erritory is considered occupied when it is actually placed under the authority of
2655-561: The policies in Xinjiang as genocide. ETGE and ETNAM held numerous demonstrations, press conferences, and other events urging the world to recognize China's genocide in East Turkistan (Xinjiang). The East Turkistan National Awakening Movement and the East Turkistan Government in Exile filed a complaint urging the International Criminal Court to investigate and prosecute Chinese officials for genocide. The ETGE also successfully lobbied
2714-524: The political process both through elections and by forming their own political parties as they please. Examples of multi-party systems are: In single-party systems , one political party exercises control over the government. Unlike under other systems, single-party systems do not necessarily extend democratic privileges to the citizens. This means that citizens have little say regarding political subjects. Examples of single-party systems are: Two-party systems are similar to multi-party systems in that power
2773-420: The political processes of countries with party systems, of which there are several types. Some of the most common types are multi-party systems , single party dictatorships , and two party systems . In multi-party systems such as India, Pakistan, etc., there is no restriction on the number of parties allowed to be in operation at any given time. Under these types of systems, people are free to participate in
2832-635: The provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143. GCIV emphasised an important change in international law. The United Nations Charter (June 26, 1945) had prohibited war of aggression (See articles 1.1, 2.3, 2.4) and GCIV Article 47 , the first paragraph in Section III: Occupied territories, restricted the territorial gains which could be made through war by stating: Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of
2891-810: The signatures of pro-autonomy groups like the World Uyghur Congress and its affiliates were absent from this joint letter. On May 18, 2023, the East Turkestan Government in Exile announced its recognition of the Circassian genocide . Political organization A political organization is any organization that involves itself in the political process, including political parties , non-governmental organizations , and special interest advocacy groups . Political organizations are those engaged in political activities (e.g., lobbying , community organizing , campaign advertising , etc.) aimed at achieving clearly-defined political goals, which typically benefit
2950-520: The signing of a peace agreement; or by transferring authority to an indigenous government endorsed by the occupied population through referendum and which has received international recognition". Some examples of military occupation came into existence as an outcome of World War I and World War II: A number of post-1945 occupations have lasted more than 20 years, such as those of Namibia by South Africa, of East Timor by Indonesia, of Northern Cyprus by Turkey and of Western Sahara by Morocco. One of
3009-547: The territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. ... The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. Protocol I (1977): "Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts" has additional articles which cover occupation but many countries including
SECTION 50
#17328545791933068-402: The territory of the hostile State". The first two articles of that section state: Art. 42. Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised. Art. 43. The authority of the legitimate power having in fact passed into the hands of
3127-492: The territory's established power structure, namely by making it permanent through annexation (formal or otherwise) and refusing to recognize itself as an occupant. Additionally, the question of whether a territory is occupied or not becomes especially controversial if two or more powers disagree with each other on that territory's status; such disputes often serve as the basis for armed conflicts in and of themselves. A dominant principle that guided combatants through much of history
3186-556: The two groups. Supporters of the WUC, who were suspicious of the East Turkistan Government in Exile, expressed their concerns on the bulletin board of the Uyghur American Association, which is affiliated with the World Uyghur Congress. They wrote statements accusing Anwar Yusuf Turani of acting under the instructions of the Chinese government, particularly in relation to the strategy of dividing dissident organizations." Turani himself
3245-668: The world from the 1980s to early 2000s but were disorganised and disunited. In April 2004, two such organizations, the Eastern Turkistan National Congress and the World Uyghur Youth Congress, merged to form the World Uyghur Congress (WUC). A radical pro-independence minority of the Eastern Turkistan National Congress refused to join the merger and instead established the East Turkistan Government in Exile in Washington D.C. in 2004. They started on
3304-647: The world's longest ongoing occupations is Israel's occupation of the West Bank, including East Jerusalem (1967–present) and the Gaza Strip (1967–present), both Palestinian territories , as well as the Syrian Golan Heights , which was occupied in 1967 and effectively annexed in 1981. Other prolonged occupations that have been alleged include those of the Falkland Islands /Malvinas, claimed by Argentina, by
3363-472: Was "to the victory belong the spoils". Emer de Vattel , in The Law of Nations (1758), presented an early codification of the distinction between annexation of territory and military occupation, the latter being regarded as temporary, due to the natural right of states to their "continued existence". According to Eyal Benvenisti's The International Law of Occupation, Second Edition (2012), "The foundation upon which
3422-477: Was elected by the delegates present as president and Turani was elected as Prime Minister. The East Turkistan Government in Exile claimed to be the "sole organ of the Eastern Turkestan Republic" just four months after the formation of the World Uyghur Congress, threatening the World Uyghur Congress's claim to being the highest Uyghur representative organization and leading to immediate tensions between
3481-454: Was later impeached by the ETGE's Parliament in 2006 for violating its constitution. The East Turkistan Government in Exile has been described by scholars as one of several "Uyghur groups advocating radical forms of ideological and armed struggle including terrorist activities". It has become marginalized in Western politics but is still described as a prominent Uyghur organization on the fringes of
#192807