Chapter 4 When China officially declared war on Japan

Because some readers raised doubts, I found relevant information for your reference. During the Anti-Japanese War, China officially declared war on Japan on December 9, 1941. On the day when the Pacific War broke out (local time on December 7), Japan declared war on the United States and the United Kingdom, and more than 20 countries, including the United States, the United Kingdom, the Netherlands, Canada, Australia, New Zealand, and Costa Rica, successively declared war on Japan. On the 9th, China declared war on Japan, and also declared war on Germany and Italy. On December 11, Germany and Italy declared war on the United States, and the United States, Cuba, Panama, Guatemala, El Salvador, and Costa Rica also declared war on Germany and Italy.On the same day, Japan, Germany, and Italy signed the "Japan, Germany, and Italy Joint Operations Agreement" in Berlin, stipulating that the three countries "will use all possible powerful means to continue the war with the United States and Britain until victory"; "If there is no mutual understanding, no truce or peace will be made with either the United States or the United Kingdom."

Speaking of this declaration of war, there is a very embarrassing thing.At that time, China did not have only one government, but four governments (three in name): the Nationalist Government in Chongqing, the Border Region Government in Yan'an, the Wang Jingwei Government in Nanjing, and the Puyi Government in Manchukuo.After the outbreak of the Pacific War, half of the Chinese (Chongqing, Yan’an) joined the camp of the Allies against Germany, Italy and Japan, and the other half of the Chinese (Nanjing, Manchuria) joined the camp of the Allies against Britain, the United States and the Soviet Union.The two hostile camps, Britain, the United States, and Germany and Italy, have both received declarations of war from the "Chinese government", which can be described as a strange event.

Japan declared war on the United States and Great Britain on December 7, 1941 (after the attack on Pearl Harbor), the United States and Britain declared war on Japan on December 8, Germany and Italy declared war on the United States on December 11, the same day the United States declared war on Germany and Italy declare war.But during the Second World War, no country declared war on China. This is not because Western countries looked down on China and disdained to declare war on China, but they were unable to declare war on China. Britain and the United States did not recognize Wang Jingwei’s government, so how could they declare war on Wang Jingwei’s government?Germany, Italy and Japan did not recognize the National Government, so how could they declare war on the National Government?Therefore, China has not received a declaration of war from other countries.Taking a closer look at the "declaration of war" issued by the Chongqing Nationalist Government, I felt something was wrong.The national government has two "declarations of war", one is the declaration of war against Germany and Italy, which is a standard declaration of war, clearly stating the date when the declaration of war will become effective: "It is hereby officially declared that since December 9, *30 years Beginning at twelve o'clock at midnight on the same day, China will be in a position of war against Germany and Italy, and all treaties, agreements, and contracts involving China, Germany, or the relationship between China and Italy will be annulled, and this notice is hereby issued." But to Japan The "Declaration of War" made people feel that Monk Zhang Er was confused. The "Declaration of War" did not mention the date when the declaration of war would become effective, but only vaguely said: "Zite officially declared war on Japan, and declared it to China and foreign countries. Treaties, agreements, and contracts that involve relations between China and Japan shall all be abolished, and this announcement is hereby made." If a press conference was held at that time, foreigners asked: "When did China enter a state of war with Japan? China and Japan From when will the treaties, agreements, and contracts of China become invalid?" How do Chinese people answer this question?If we try to interpret it according to the date of the document: "Beginning on December 9, 1941, China and Japan are in a state of war, and all treaties, agreements, and contracts between China and Japan will be invalidated from today." Is it July 7, 1937? By December 9, 1941, the war between China and Japan was an informal war?Before December 9, 1941, all treaties, agreements, and contracts between China and Japan were still valid?Just look carefully at the "Declaration of War" against Japan and the "Declaration of War" against Germany and Italy, and you will know that the "Declaration of War" against Japan lacks the most critical effective date.The most indispensable element of all international treaties, agreements, ultimatums, and declarations of war today is the effective date of the document. If a document does not have a clear effective date, it will have no legal effect.A declaration of war must comply with the provisions of international law, and a declaration of war without an effective date is naturally invalid.So as long as you compare the basic common sense of international law, you can understand that the declaration of war against Germany and Italy is valid, while the declaration of war against Japan is invalid.This "declaration of war" can only be sold domestically, not exported.After seeing such an inexplicable "declaration of war", do foreigners admire the Chinese?Or are you making fun of the Chinese?

Originally, some people have always wondered why Chinese textbooks are so secretive about the "declaration of war against Japan". After reading the original version of the declaration of war, they will probably understand that it is too shameful to produce this declaration of war.The experts who came to China at that time would not have understood the common sense of international law that a declaration of war without an exact effective date is invalid. I am afraid that the "declaration of war" by the Nationalist government at that time was just to boost the morale of the Chinese, as stated in "Li Zongren*".This "declaration of war" was only intended for "domestic sales". At that time, the national government did not plan to use this declaration of war to negotiate internationally in the future.Not only has China's declaration of war not been recognized by the international community, but even the Chinese themselves have not recognized it in fact, because once it is recognized, China will be in a very disadvantageous position in many matters.For example, in the trial of war criminals, the international courts only tried war crimes during the war, because the Sino-Japanese War started on July 7, 1937, so the massacre during the "September 18th Incident" in 1931 would not be prosecuted.

If China's declaration of war is valid, China officially declared war on Japan on December 9, 1941. According to international law, the massacres before December 9, 1941 will not be prosecuted.In this way, wouldn't the perpetrators of the Nanjing Massacre in 1937 be untraceable?The Japanese hope that China's declaration of war will be effective, so that the 8-year war of aggression will become 4 years, and if compensation is required, the compensation fee will also have to be reduced by half.If the Chinese add a declaration of war against Japan to their textbooks, they interpret the War of Resistance Against Japan as: "The War of Resistance Against Japan broke out on July 7, 1937, and the National Government formally declared war on Japan on December 9, 1941. Japan surrendered.” The students must be puzzled and asked: “Why did China wait until December 9, 1941 to declare war on Japan? Was the war before the official declaration of war informal?” Such textbooks not only fail to inspire Siyuan Chinese students His patriotic enthusiasm will make students question China's history, so the textbooks simply don't mention it.Since the declaration of war is not an internal matter of a country, whether the declaration of war is valid must be recognized by the international community.China's declaration of war against Japan was not recognized by Japan, the International Tribunal for the Far East, and even the Chinese themselves did not recognize it in fact.

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