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A government in exile is a political group which claims to be a country's legitimate government, but is unable to exercise legal power and instead resides in a foreign country.[1] Governments in exile usually plan to one day return to their native country and regain formal power. A government in exile differs from a rump state in the sense that a rump state controls at least part of its former territory.[2] For example, during World War I, nearly all of Belgium was occupied by Germany, but Belgium and its allies held on to a small slice in the country's west. A government in exile, conversely, has lost all its territory.
Governments in exile frequently occur during wartime occupation, or in the aftermath of a civil war, revolution, or military coup. For example, during German expansion in World War II, some European governments sought refuge in the United Kingdom, rather than face destruction at the hands of Nazi Germany. A government in exile may also form from widespread belief in the illegitimacy of a ruling government. For instance, the National Coalition for Syrian Revolutionary and Opposition Forces was formed as a result of the Syrian civil war, which sought to end the rule of the ruling Ba'ath Party.
The effectiveness of a government in exile depends primarily on the amount of support it can receive, either from foreign governments or from the population of its own country. Some governments in exile develop into a formidable force, posing a serious challenge to the incumbent regime of the country, while others are maintained chiefly as a symbolic gesture.
The phenomenon of a government in exile predates formal use of the term. In periods of monarchical government, exiled monarchs or dynasties sometimes set up exile courts—as the House of Stuart did when driven from their throne by Oliver Cromwell and at the Glorious Revolution, or the House of Bourbon did during the French Revolution and the rule of Napoleon. With the spread of constitutional monarchy, monarchical governments in exile started to include a prime minister, such as the Dutch government during World War II headed by Pieter Sjoerds Gerbrandy.
International law recognizes that governments in exile may undertake many types of actions in the conduct of their daily affairs. These actions include:
In cases where a host country holds a large expatriate population from a government in exile's home country, or an ethnic population from that country, the government in exile might come to exercise some administrative functions within such a population. For example, the WWII Provisional Government of Free India had such authority among the ethnically Indian population of British Malaya, with the consent of the then Japanese military authorities.
Governments in exile may have little or no recognition from other states. Some exiled governments have some characteristics in common with rump states. Such disputed or partially in exile cases are noted in the tables below.
These governments in exile were created by deposed governments or rulers who continue to claim legitimate authority of the state they once controlled.
The Republic of China government does not regard itself as a government-in-exile, but is claimed to be such by some participants in the debate on the political status of Taiwan.[6][7][8][9][10] In addition to the territory it currently controls (being Taiwan and some other islands), the Republic of China formally maintains claims over territory now controlled by the Islamic Republic of Afghanistan, Kingdom of Bhutan, People's Republic of China, Republic of India, Japan, Mongolia, Republic of the Union of Myanmar, Islamic Republic of Pakistan, Russian Federation, and Republic of Tajikistan. While the Republic of China is usually considered either a former state or a rump state (i.e. a state which has lost most of its territory),[11] an alternative argument has been advanced that it is a "government-in-exile".[6][7][8][9][10][12][13] While often used as a rhetorical device, the usual formal reasoning on which this claim is based relies on an argument that the sovereignty of Taiwan was not handed to, or was not legitimately handed to, the Republic of China at the end of World War II,[14] and on that basis the ROC is located in foreign territory, therefore effectively making it a government in exile.[15] By contrast, this theory is not accepted by those who view the sovereignty of Taiwan as having been, and been legitimately, returned to the Republic of China at the end of the war. Both the People's Republic of China government and the Republic of China government hold the latter view.[16]
These governments in exile are governments of non-self-governing or occupied territories. They claim legitimate authority over a territory they once controlled, or claim legitimacy of a post-decolonization authority. The claim may stem from an exiled group's election as a legitimate government.
The United Nations recognizes the right of self-determination for the population of these territories, including the possibility of establishing independent sovereign states.
From the Palestinian National Authority interim territorial administration as result of the Oslo Accords signed by the PLO, Israel, the United States, and Russia. Between 1994 to 2013, the PNA functioned as an autonomy, thus while the government was seated in the West Bank it was not sovereign. In 2013, Palestine was upgraded to a non-member state status in the UN.
These governments in exile claim legitimacy of autonomous territories of another state and have been created by deposed governments or rulers, who do not claim independence as a separate state.
• Republic of Crimea
These governments have been created in exile by opposition parties, aspire to become actual governing authorities or claim to be legal successors to previously deposed governments, and have been created as alternatives to incumbent governments.
These governments have been created in exile by political organisations, opposition parties, and separatist movements, and desire to become the governing authorities of their territories as independent states, or claim to be the successor to previously deposed governments, and have been created as alternatives to incumbent governments.
[22] [23] [24]
These governments have ties to the area(s) they represent, but their claimed status and/or stated aims are sufficiently ambiguous that they could fit into other categories.
A rival government was created by another group of Estonian exiles in the same year in Munich but it was short lived.
The Sovereign Military Order of Malta may be considered a case of a government in exile, since it is without territory but recognised as a sovereign government by numerous sovereign countries. However, it does not claim to be a sovereign state, rather a "sovereign subject" of international law. In addition, it no longer claims jurisdiction over Malta, and recognises and maintains diplomatic relations with the independent Republic of Malta.
Many countries established a government in exile after loss of sovereignty in connection with World War II. The Philippine Commonwealth (invaded 9 December 1941) established a government in exile.
The Provisional Government of Free India (1943–45) was established by Indian nationalists in exile during the war; unlike most other governments in exile in this war, it was affiliated to the Axis and claimed power over an Allied (specifically, British) territory. A Bulgarian government in exile was also allied with the Axis.
Other exiled leaders in Britain in this time included King Zog of Albania and Emperor Haile Selassie of Ethiopia.
The Occupation of Denmark (9 April 1940) was administered mainly by the German Foreign Office, contrary to other occupied lands that were under military or civilian administration. Denmark did not establish a government in exile, although there was an Association of Free Danes established in London.[48] King Christian X and his government remained in Denmark, and functioned comparatively independently until August 1943 when it was dissolved, placing Denmark under full German occupation. Meanwhile, Iceland, Greenland and the Faroe Islands were occupied by the Allies, and effectively separated from the Danish crown. (See British occupation of the Faroe Islands, Iceland during World War II, and History of Greenland during World War II.)
Following the Ba'athist Iraqi invasion and occupation of Kuwait, during the Persian Gulf War, on August 2, 1990, Sheikh Jaber Al-Ahmad Al-Jaber Al-Sabah and senior members of his government fled to Saudi Arabia, where they set up a government-in-exile in Dhahran. The Kuwaiti government in exile was far more affluent than most other such governments, having full disposal of the very considerable Kuwaiti assets in western banks—of which it made use to conduct a massive propaganda campaign denouncing the Ba'athist Iraqi occupation and mobilizing public opinion in the western hemisphere in favor of war with Ba'athist Iraq. In March 1991, following the defeat of Ba'athist Iraq at the hands of coalition forces in the Persian Gulf War, the Sheikh and his government were able to return to Kuwait.
Following the Turkish Invasion of Cyprus in 1974 and the displacement of many Greek Cypriotes from North Cyprus, displaced inhabitants of several towns set up what are in effect Municipal Councils in Exile, headed by Mayors in Exile. The idea is the same as with a national Government in Exile - to assert a continuation of legitimate rule, even though having no control of the ground, and working towards restoration of such control. Meetings of the exiled Municipal Council of Lapithos took place in the homes of its members until the Exile Municipality was offered temporary offices at 37 Ammochostou Street, Nicosia. The current Exile Mayor of the town is Athos Eleftheriou. The same premises are shared with the Exile Municipal Council of Kythrea.
While on October 1, 1949, in Beijing a victorious Mao proclaimed the creation of the People’s Republic of China (PRC), Chiang Kai-shek re-established a temporary capital for his government in Taipei, Taiwan, declaring the ROC still to be the legitimate Chinese government-in-exile and vowing that he would “retake the mainland” and drive out communist forces.
Chiang Kai-shek wanted to fight it out on an all-or-nothing basis. There are also reports that Chiang's advisors convinced him that if the ROC mission stayed to represent Taiwan, Chiang would be under pressure to demonstrate in some constitutional way that his Chinese government-in-exile represented the people of Taiwan rather than the vast population of China. Doing so would require Chiang to dismantle his existing regime (which was elected in 1947 on the Chinese mainland and continued to rule in Taiwan under emergency martial law provisions without benefit of elections), adopt an entirely new constitution, and install an entirely new government.
p117. "The ROC joined the United Nations in 1945 as a Charter member and was until 1971 one of the five permanent members of the Security Council. The ROC membership in the United Nations continued to exist through 1971 despite the fact that the ROC government lost the Chinese mainland and moved to Taiwan in 1949. The reduction of a huge area under its effective control in 1949 did not eliminate the very existence of the ROC as a sovereign state as defined by international law. In short, the ROC government has continued to exercise its sovereignty over territories under its effective control since 1912. It has never disappeared from the world as a sovereign state." p118. "President Harry S. Truman of the United States stated on January 5, 1950 that 'Taiwan was surrendered to ... Chiang Kai-Shek, and for the past four years, the United States and the other Allied Powers have accepted the exercise of the Chinese authority over the island.'" p118.-119. "The Republic of China is, by any standard, a political entity, recognized by 29 countries as of today. It has a defined territory, with Taiwan, Penghu, Kinmen and Matsu together with its population of 21 million, under its effective control ever since 1945 or earlier. ... The Republic of China indeed is a sovereign state as defined by the Montevideo Convention on the Rights and Duties of States of 1933. It also complies with the definition as 'state' defined by current theory of international law, as discussed in the Restatement (Third) of the Foreign Relations Law of the United States of 1987."
[Quoting from a declassified CIA report on Taiwan written in March 1949] From the legal standpoint, Taiwan is not part of the Republic of China. Pending a Japanese peace treaty, the island remains occupied territory in which the US has proprietary interests.
Following World War II, the Republic of China, under the Kuomintang (KMT) became the governing polity on Taiwan. In 1949, after losing control of mainland China following the Chinese civil war, the ROC government under the KMT withdrew to occupied Taiwan and Chiang Kai-shek declared martial law. Japan formally renounced all territorial rights to Taiwan in 1952 in the San Francisco Peace Treaty, but neither in that treaty nor in the peace treaty signed between Japan and China was the territorial sovereignty of Taiwan awarded to the Republic of China.
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