Taiwan New Century Cultural and Educational Foundation and Taiwan International Law Association recently held a seminar, where experts pointed out that Taiwan should counteract the legal warfare threats from the Chinese Communist Party (CCP). They hoped to strengthen Taiwan’s sovereignty, democracy, rule of law, and human rights through legislation in order to safeguard national security.
Chairman Liao Fu-Te of the Taiwan International Law Association, serving as the host, emphasized that based on the CCP’s criminal law, national security law, anti-secession law, and opinions on punishing Taiwan independence, it is evident that the CCP’s judiciary lacks independence and functions as a state governed by the party. In other words, all of China’s laws serve the legal structure of an authoritarian state. He pointed out that the CCP utilizes laws to achieve its political goals; therefore, in response to CCP’s legal warfare, he urged everyone to uphold the values of sovereignty, democracy, rule of law, and human rights together.
During his keynote speech on “The Threat of CCP’s Legal Warfare Against Taiwan,” Professor Guo Yu-Ren of the Institute of China and Asia-Pacific Region Studies at Sun Yat-sen University highlighted the strategic objectives of the CCP’s legal warfare. Whether through military or non-peaceful means, or through forced unification, political negotiations, or even integration, the goal is to weaken Taiwan’s will to fight and to restrict or delay third-party intervention and hinder international support for Taiwan.
Guo Yu-Ren outlined the three steps of the CCP’s legal warfare against Taiwan: first, denying Taiwan’s sovereignty and international legal personality to eliminate the Republic of China; second, denying government jurisdiction, as seen in February when a Chinese speedboat overturned, and the CCP took the opportunity to deny Jinmen’s restricted waters and even deny the median line of the Taiwan Strait; third, restricting Taiwan’s options and actions, such as the release of the “Opinions on Punishing Taiwan Independence (22 Items).” He cautioned that CCP’s legal warfare against Taiwan has now entered its third stage.
Guo Yu-Ren stated that the effects of CCP’s legal warfare include shrinking Taiwan’s international space, sovereignty and governance actions, defense options and warning time, attempting to instill fear in the Taiwanese people and thereby constraining Taiwan’s political options and people’s behaviors. In addition, the CCP’s legal warfare aims to divide Taiwan internally and attempt to legitimize its rule over Taiwan.
He pointed out that in the eyes of the CCP, Taiwanese citizens holding Republic of China national identity cards with the national flag insignia are seen as separatists. Therefore, under the CCP’s “Opinions on Punishing Taiwan Independence (22 Items),” almost every individual in Taiwan is considered guilty.
Liao Fu-Te stressed that the most important political objective of CCP’s legal warfare against Taiwan is to make Taiwan a part of China. However, CCP’s legal warfare is characterized by its precision, as it not only understands international law but also Taiwan’s laws, aiming to achieve its political goals through this knowledge. “Taiwan should focus on this key point, Taiwan’s laws should be able to counteract CCP’s political objectives,” and the most critical concept is to uphold the principles of “Taiwan’s sovereignty” as well as the values of democracy, rule of law, and human rights, and to have more detailed regulations to counteract CCP’s legal warfare.
Guo Yu-Ren believes that legal scholars and political scientists in Taiwan truly need to cooperate more because in the process of CCP’s legal warfare against Taiwan, Taiwanese political scientists lack legal literacy, while legal scholars lack the sensitivity of political scientists. He hopes that by working together, they can strengthen Taiwan’s sovereignty through legislation and counteract CCP’s political objectives.