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The Concept of ‘Reach’ in Grasping China’s Active Defense Strategy: Part II

This publication was originally featured on Bharat Shakti and is republished with permission. It may be read in its original form here.

By Vice Admiral Pradeep Chauhan AVSM & Bar, VSM, IN (Ret.)

Editor-in-Chief’s Note

Part I of this two-part article introduced the geoeconomic and geostrategic imperatives that shape China’s geopolitical drives. It also presented the overarching concept of “reach” as an aid to understanding the international import of China’s military strategy. Read Part I here.

In this second and concluding part of the article series the author explores Chinese strategic intent and its ramifications. The article provides an account of the naval facilities China is promoting or constructing on disputed islands among littoral states of the Indian Ocean; assesses China’s economic linkages with African nations; and projects the growth curve of the Chinese Navy, all of which are important to keep in view while analyzing the trajectory of Chinese geo-strategic intent.

By emphasizing the factor of temporal strategic-surprise (in contrast to spatial surprise), the author offers clues to understanding the links between China’s military strategy and her geopolitical international game-moves as they are being played out within a predominantly maritime paradigm. As in the famous Chinese game of Go—perhaps a more apt analogy than chess—the People’s Republic is putting in place the pieces that will shape her desired geopolitical space. The author explores the spatial and temporal dimensions of the Chinese strategy and the related vulnerabilities of the opposing Indian establishment.

In his 2006 dissertation written at the US Army War College then-Lt. Col Christopher J. Pehrson, USAF, termed the Chinese geostrategy the “String of Pearls.” This expression, first used in January 2005 in a report to U.S. military officials prepared by the U.S. consulting firm of Booz Allen Hamilton, caught the attention of the world’s imagination. Pehrson posited China as a slightly sinister, rising global power, playing a new strategic game, as grandiose in its concept, formulation and execution as the “Great Game” of the 19th century. Despite vehement and frequent denials by Chinese leadership of any such geostrategic machinations designed at the accumulation of enhanced geopolitical and geoeconomic power and influence, the expression rapidly embedded itself into mainstream consciousness.

Image Courtesy: Chinausfocus.com
China’s One Road, One Belt economic infrastructure initiative. (Chinausfocus.com)

As a net result, for over a decade, China has chafed under the opprobrium heaped upon it for a concept that (to be fair) it had never once articulated by the state. However, in a brilliant rebranding exercise by Beijing in 2014, the world’s attention is being increasingly drawn away from the negative connotations associated with the phrase String of Pearls and towards the more benign-sounding 21st century Maritime Silk Route Economic Belt, also known as “One Road, One Belt.” This presents an alternative expression, while it nevertheless covers essentially the very same geostrategic maritime game-plays that Colonel Pehrson explained a decade ago. The new expression emphasizes transregional inclusiveness and evokes the romance of a shared pan-Asian history with the implied promise of a reestablishment of the economic prosperity that the Asian continent’s major civilizational and socio-cultural entities, namely China and India, enjoyed until the 18th century.

Each “pearl” in the String of Pearls construct—or in more contemporary parlance, each “node” along the Maritime Silk Route—is a link in a chain of Chinese geopolitical and geostrategic influence. For example, Hainan Island, with its recently upgraded military facilities and sheltered submarine base, is a pearl/node.

It is by no means necessary for a line joining these pearls/nodes to encompass mainland China in one of the concentric ripples typified by the Island Chains strategy. In fact, since the Maritime Silk Route is a true maritime construct, it is highly unlikely that the nodes would do so.

Image Courtesy: chinahighlights.com
The location of Hainana Province, China. (chinahighlights.com)

Other pearls/nodes include the recent creation of artificial islands in the Paracel and Spratly islands incorporating, inter alia, the ongoing construction/upgrade of airstrips on Woody Island—located in the Paracel Islands, some 300 nm east of Vietnam—as also on Mischief Reef and Fiery Cross Reef in the Spratly Islands. Additional pearls/nodes have been obtained through Chinese investments in Cambodia and China’s continuing interest in Thailand’s Isthmus of Kra.

China’s development of major maritime infrastructure abroad—the container terminal in Chittagong, Bangladesh; the Maday crude oil terminal in Myanmar’s Kyakpyu port; the development of ports such as Hambantota in Sri Lanka, Gwadar in Pakistan, Bagamoyo in Tanzania, Beira in Mozambique, Walvis Bay in Namibia, Kribi in Cameroon, the Djibouti Multipurpose Port (DMP), and the offer to even develop Chabahar in Iran (checkmated by a belated but vigorous Indian initiative), along with the successful establishment of a military (naval) base in Djibouti—all constitute yet more pearls/nodes. The development of an atoll in the Seychelles, oil infrastructure projects in Sudan and Angola, and the financing of newly discovered massive gas finds in offshore areas of Mozambique, Tanzania and the Comoros, are similarly recently acquired pearls/nodes. Even Australia yields a pearl/node, as does South Africa, thanks to Chinese strategic investment in mining in general and uranium-mining companies in particular, in both countries.

Chinese maritime policing vessel.
Chinese maritime policing vessel. (SCMP.com)

From an Indian perspective, China’s new strategic maritime-constructs (by whichever name) are simultaneously operative on a number of levels, several of which are predominantly economic in nature and portend nothing more than fierce competition. At the geostrategic level, however, the economy is at its apex and is China’s and India’s greatest strength and greatest vulnerability, at the same time; therefore, the economy is the centerpiece of the policy and strategy of both countries. This is precisely why, as the geographical competition space between India and China coincide in the Indian Ocean, there is a very real possibility of competition transforming into conflict, particularly as the adverse effects of climate change on resources and the available land area becomes increasingly more evident.

“Reach” has both spatial and temporal dimensions. The spatial facets of China’s geopolitical moves are evident, as illustrated in the preceding String of Pearls discussion. It is critical for India’s geopolitical and military analysts to also understand the temporal facets of this construct. The terms short term, medium term and long term are seldom used with any degree of digital precision. A nation tends to keep its collective “eye on the ball” in the short term and, by corollary, tends to assign far less urgency to something that is assigned to the long term. This ill-defined differentiation is how strategic surprise may be achieved in the temporal plane. For instance, in China, the short term generally implies 30 to 50 years. This is an epoch that is far in excess of what in India passes as the long term. Consequently, India fails to pay as close attention to developments in China as she might have were the developments to unfold in a duration corresponding to India’s own short term of 2-5 years. This distinction permits China to achieve strategic surprise, and this is as true of military strategy as it is of grand strategy and geoeconomics.

On the one hand, it should be remembered that these strategic constructs are not only about maritime infrastructure projects, involving the construction of ports, pipelines and airfields, though these developments constitute their most obvious and visibly worrisome manifestation. The strategy is equally about new, renewed or reinvigorated geopolitical and diplomatic ties between the People’s Republic of China and nation states across a very wide geographical swath (including the African littoral and the island nations of both the Indian Ocean and the Pacific Ocean). On the other hand, China’s strategic maritime constructs have some important military spin-offs, which closely align to the furtherance of geostrategic reach. Thus, by developing friendly ports of call (if not bases), facilities and favorable economic dependencies in the various pearls/nodes, the logistics involved in the event of an engagement in maritime power-projection are greatly eased.

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Type 904 (Dayun Class) Transport Ship (globalmil.com)

Supplementing the pearls/nodes are the Chinese Navy’s five impressive stores/ammunition supply ships of the Dayun Class (Type 904) and six underway replenishment tankers of the Qiandaohu Class (Type 903A). In addition, China requires ground control stations to meet her satellite-based needs of real-time surveillance. Unlike the United States, China simply does not have adequate ground control/tracking stations within the Indian Ocean to affect requisite ground control and real-time downlinking of her remote-sensing satellites. This forces her to deploy a number of ships (the Yuanwang Class) for this purpose. These constitute a severe vulnerability that China certainly needs to overcome. One way to do so is to establish infrastructure and acceptability along the IOR island states and along the East African littoral, as China is currently attempting to do.

The principal lack in the Chinese strategy to provide military substance to the country’s geoeconomic and geostrategic reach comes in the form of integral air power through aircraft carriers. China is rapidly learning that while one can buy or build an aircraft carrier in only a couple of years, it takes many more years to develop the human, material, logistic and doctrinal skills required for competent and battle worthy carrier-borne aviation. For nearly a decade now, China has demonstrated her ability to sustain persistent military (naval) presence in the Indian Ocean—albeit in a low threat environment. Combat capability is, of course, quite different from mere presence or even the ability to maintain anti-piracy forces, since the threat posed to China by disparate groups of poorly armed, equipped and led pirates can hardly be equated with that posed by a powerful and competent military adversary in times of conflict.

Despite the impressive growth of the Chinese Navy and the vigor of the Chinese military strategy, China may not, in the immediate present, have the combat capability to deploy for any extended period of time in support of its geoeconomic and geostrategic reach were they to be militarily contested by a major navy. However, as James Holmes points out, if India were to continue to cite shortfalls in current Chinese capability and conclude that it will take the PLA Navy at least fifteen years to station a standing, battle worthy naval squadron in the Indian Ocean, this would lull Indians into underplaying Chinese determination and the speed of that country’s military growth. This would carry the very real consequent possibility of India suffering a massive strategic surprise. Is that something that India can afford?

Vice Admiral Pradeep Chauhan retired as Commandant of the Indian Naval Academy at Ezhimala. He is an alumnus of the prestigious National Defence College.

Call for Articles: South China Sea Security Topic Week

By Dmitry Filipoff

Week Dates: July 18-22, 2016
Articles Due: July 17, 2016
Article Length: 800-1800 Words (with flexibility)
Submit to: Nextwar@cimsec.org

In mid-July CIMSEC will be launching a topic week on the security situation in the South China Sea. Tensions are on the rise as China continues to defend its nine-dash claim in the South China Sea while most other claimants and regional powers strengthen security cooperation agreements with the United States. Rules based international order is being challenged as numerous militaries in the region modernize with growing defense budgets. 

How may South China Sea disputes animate the geopolitics of the Asia-Pacific region? How may crises and flashpoints come about, be diffused, or escalate? How can claimants restore trust? How is the regional military balance of power trending, and what would conflict look like? How can rules based order be preserved in Asia’s maritime domain, and what does its violation warrant for the future? 

Contributors are encouraged to answer these questions and more as they seek to understand the complexity of the strategic crossroads that is the South China Sea. Please submit draft contributions to Nextwar@cimsec.org.

Editor’s Note: This topic week has since concluded and the writings submitted in response to this call for articles may be viewed here

Dmitry Filipoff is CIMSEC’s Director of Online Content. He may be contacted at Nextwar@cimsec.org

Featured Image:  Aerial view of the Yongxing Island, also known as Woody Island in the South China Sea on June 19, 2014 in Sansha, Hainan Province of China. ChinaFotoPress/Getty Images

Who are the Niger Delta Avengers?

By Dirk Steffen

Background

The Niger Delta Avengers (NDA) are Nigeria’s “new” Niger Delta militancy phenomenon. They have issued challenges to the Nigerian government, international oil companies, and the military. Within a span of less than 3 months they are believed to be primarily responsible for reducing Nigeria’s oil production from a (theoretical) 2.2m barrels per day to around 1.4m barrels per day by the end of May 2016. They have mainly targeted Nigerian state and international oil companies’ pipeline infrastructure with explosives attacks. The spectre of their involvement in maritime piracy and kidnappings has been raised as well.

There is very little evidence-based information on the NDA. Even the Nigerian security services are not totally sure what they are up against, although the group has made stock demands for Niger Delta autonomy, greater participation in the oil wealth, and cessation of environmental destruction. Former militants, the government, and other stakeholders variously blame former militant leader Tompolo, the opposition Peoples’ Democratic Party (PDP), former President Goodluck Jonathan, and other ex-militants for being behind the group. The NDA themselves reveal little, except for their geographic origin: Warri South West local government area (LGA) in Delta state. So far they have run rings around the Nigerian military, avoiding direct confrontation and eluding arrests.

Although the area of operations west of Warri between the Benin and Forcados Rivers is a coastal strip only 30nm long and 30nm deep, it is a militarily challenging riverine and inshore environment of mangrove swamps and wetlands with no road infrastructure.

nda 2016
Militant activity against oil and gas infrastructure and military units in the Niger Delta in 2016 (purple) up to early June and other maritime security related incidents. Source: MaRisk by Risk Intelligence.

The NDA in the present form emerged in or around January 2016 and publicly claimed its first attack on 10 February on the Bonny Soku Gas Line, in Bayelsa state.

The NDA espouse the following military and political objectives:

  1. Cripple the Nigerian economy (‘Operation Red Economy’)
  2. Force the government to negotiate on their demands in a ‘sovereign national conference’
  3. Re-allocation of Nigerian ownership of oil blocs (in favour of Niger Deltans)
  4. Autonomy/self-determination for the Niger Delta

Some 21 attacks/clusters of sabotage took place against oil and gas infrastructure in the Niger Delta between 15 January and 10 June 2016. The NDA have directly claimed responsibility for 13 attacks/clusters of attacks between 10 February and 1 June 2016, nine of which were in the Warri/Escravos/Forcados area and four in the Brass/Nembe area. They have also retrospectively claimed responsibility for four further attacks between 15 January and 9 February (three in Warri/Escravos area and one in the Brass/Nembe area). Of the 17 attacks claimed by the NDA, 15 were in swamp/inshore areas, one was coastal (Forcados export pipeline on 10 February) and one was close offshore (Chevron Okan field valve platform). No one has been killed in the attacks on the oil and  gas infrastructure; all targets were unmanned and unguarded. The NDA have not claimed responsibility for any kidnappings so far.

The hitherto unknown “Red Egbesu Water Lions” (Egbesu is an Ijaw war deity) claim association with the NDA and have also claimed responsibility for one attack in Bayelsa state (South Ijaw LGA), but there has been no reciprocal “acknowledgement” by the NDA. Two attacks (on 20 and 22 May –against the Escravos-Lagos gas line near Ogbe-Ijoh and Brass-Tebidaba pipeline), during the grace period of an NDA ultimatum are unclaimed. Additionally, on 9 June 2016, a Nigerian Petroleum Development Company crude oil pipeline line in Warri South West LGA was blown up by unidentified attackers.

“General Ben” of the Concerned Militant Leaders (CML) claimed responsibility for the kidnapping of five crew members from the LEON DIAS on 31 January 2016; he later also claimed association with the Indigenous People of Biafra (IPOB) movement (denied by IPOB and the Nigerian Army) and with NDA (not acknowledged by the latter). The NDA have not carried out (or claimed responsibility for) any maritime attacks, although they issued a warning to ship operators on 22 April 2016. In total, 15 individuals have been arrested so far by the Nigerian military in connection with the attacks, but their association with the NDA is unproven.

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Burning pipeline in the Niger Delta. Photo: Punch.ng

Assessment

The Nigerian government’s initial plan to simply disrupt the criminal godfather system in the Niger Delta by removing corrupt personnel and terminating the funding means for this relationship (amnesty payments and security contracts to demobilised ex-militants) has failed in the short term. While the rise of the NDA is directly linked to this, it was not a guaranteed outcome of the government’s planned “post-amnesty” policy at this point. Many former militants seem to be content keeping their heads low for the time being.

It was apparent that Niger Delta armed groups, lavishly supplied with weapons and ammunition by political parties in the run-up to the 2015 national elections, were fighting amongst each other. New groups and alliances were emerging, and continue to emerge, as the former militants’ networks were weakened through the absence of patronage and funds by the previous government of President Goodluck Jonathan. This development began to take shape in mid-2015, as privileges and contracts were gradually removed by the government. By January 2016 new groups, like the CML or the re-invigorated Niger Delta People Democratic Front (NDPDF) became noticeably more public, vying for influence and public attention. Threats of resumption of violence abounded whenever the topic of the reduction or termination of the Presidential Amnesty Programme was raised by the government.

The emergence of the NDA can be seen in this context and is likely linked to the collapse of Tompolo’s influence in his home area of Warri South West LGA in Delta state. Tompolo had been one of the major profiteers of the amnesty payments and inflated security contracts with the Nigerian Maritime Safety Agency (NIMASA). In January 2016, the Nigerian government made an example of NIMASA’s senior officials and their sponsor, indicting them to appear before court on no less than 40 counts of fraud.

Whether the NDA are Tompolo’s former foot soldiers, clients, constituents or rivals that were kept low through his “security” activities in Delta state is uncertain, but the constant reference to Tompolo and Gbaramatu Kingdom (a traditional chieftaincy) sufficiently defines the geographic location to make the NDA a local phenomenon – for the time being. The overwhelming number of attacks carried out in the Warri South West LGA (and the neighbouring Burutu LGA) also supports this assumption. Nigerian intelligence and military, encouraged by statements of former militants like Boyloaf, seem convinced that Tompolo, who is a fugitive since the court order was issued against him on 12 January 2016, is involved in NDA activities. While this is possible, it is also highly unlikely since he would have nothing to gain from such an involvement in his current predicament.

A circumscribed geographic location allows a rough estimate of the personnel strength of the NDA. Based on historical patterns of the Movement for the Emancipation of the Niger Delta (MEND) insurgency (2006-9) and camp sizes in the area, a core strength of not more than 100 fighters, most likely of Ijaw extraction, would seem likely. The NDA assign them to “Strike Teams” although this, like during the MEND insurgency, seems to be a largely propagandistic element. The NDA also claim “mixed ethnicity,” being at least Ijaw and Itsekiri. This is, at least in theory, plausible, since Warri lies at the crossroads between the Ijaw, Itsekiri (both reside in the coastal area) and Urhobo communities. Organisations of all three ethnic groups have vigorously denounced the NDA.

The NDA have an active communication strategy that appears to work well. For the time being, they are shaping the information battlefield with the Nigerian government falling behind. The NDA utilise two primary outlets: their website and a Twitter account. They also send emails to an email distribution list, but it would seem to be a backup. The NDA fashion themselves very much like a MEND 2.0. Their spokesman is “Brigadier­-General” Mudoch Agbinibo (recently promoted from the rank of “Colonel”), a jibe against the Nigerian military, whose Director of Information is Brigadier-General Rabe Abubakar. Whereas MEND revelled in reports of successes against the Nigerian military, however, the NDA have gone to great lengths to stress that they have not caused a single military casualty so far (even if a number of attacks on military outposts have been blamed on them). They prefer to deride the security services for their inability to prevent attacks that are being carried out under their noses.

The NDA strategy benefits from the group’s relative smallness. Unlike MEND, the NDA do not rely on compromises (MEND fragmented early in its life due to a disagreement over payments of ransom money from the Wilbros kidnappings in 2006), have a unified command, a target-rich but small operating environment, as well as trained personnel – better trained than MEND ever had thanks to the amnesty programme, and something the NDA credit themselves with. The NDA are active in only two localities: Warri South West LGA (including the fringes of the adjacent Burutu LGA) and the Brass Nembe LGA. Their actions are typically seen to follow government action, more recently preceded by more or less specific threats and usually followed up with multiple attacks against oil and gas targets. Reactions by traditional chiefs in Gbaramatu Kingdom suggest that there is no consultative process or even tacit agreement; the NDA rely solely on   themselves. This has allowed the NDA to escalate the conflict to an intensity rarely achieved during the MEND insurgency. This aggressive strategy may cut both ways in the way of classic insurgency theory. It can alienate the population it is meant to inspire and subsequently deny a larger popular following for the NDA, possibly leading to the creation of competing militant groups. It can also generate a bumbling military backlash against (most likely) uninvolved communities and leaders thus generating a popular following for the NDA by driving disgruntled individuals into their arms – or those of their more violence-prone rivals.

The risk of the NDA losing “control” over the insurgency is very real and their first competitors and rivals for public attention (and a seat at the negotiating table) have manifested themselves in late May and early June 2016. Some may also have simply spotted an opportunity for self-enrichment through extortion in a failing security environment. The elitist and purposeful strategy employed by the NDA clearly does not appeal to all. In late May and early June 2016 the Bayelsa-based Joint Niger Delta Liberation Front (JNDLF), for example, issued threats against the military in a more provocative manner (including pronouncing a no-fly zone for the Nigerian Air Force); unknown gunmen attacked an army houseboat near Warri on 1 June, killing as many as 20 persons in the process, and the Monty Pythonesque-named New Delta Suicide Squad (NDSS) went public with a bid to extort private oil and gas facility operators or face acts of sabotage.

The NDA have emphatically denied being involved in any of these activities or organisations. This denial is likely to be credible, since the NDA would view such activities as a distraction from their operations and agenda and a dilution of their own role in Niger Delta affairs. They are also likely acutely aware that the killing of soldiers in May 2009 was used as an excuse by the Nigerian government to launch a massive military operation in Gbaramatu Kingdom that effectively ended the MEND threat in Delta state. 

Nigerian Government Strategy

 The government’s strategy to quell the resurgent militancy in the Niger Delta, and the NDA in particular, seems two-pronged following the failure of the strategy aimed solely at dismantling the godfather networks and marginalising corrupt and criminal elements that had become pre-eminent in the Niger Delta under the previous presidency.

While president Muhammadu Buhari declared on 13 April that he would crush the Niger Delta insurgency like he crushed (of sorts) Boko Haram in the North-East, he is sufficiently alert to reality to understand that this is a necessary threat that needs to be issued, but military action alone will most likely not be the main thrust of his counter-insurgency strategy. At least not initially, although a concentration of forces in the Warri area is already becoming palpable. The Nigerian Navy shifted its focus from the suppression of piracy to counter-insurgency, re-deploying its vessels assigned to Operation ‘Tsare Teku to the area. Like the government and the rest of the security forces, the Navy had been caught on the back foot by the sudden intensity of the NDA’s pipeline bombing campaign. Intelligence on the group remains sketchy and a severe constraint on focused counterinsurgency operations.

P 263 Suncraft Manta escort for HAM
Small naval craft like this Nigerian Navy Suncraft Manta will find themselves re-directed toward a counter-insurgency effort in the rivers and creeks of the Niger Delta, where the Mantas played a role in the 2009 offensive against Tompolo’s Camp 5. Photo: Dirk Steffen.

As oil production plummeted in May 2016 as a result of the pipeline attacks, Buhari quickly reversed his previous policy of marginalising former militant leaders. Although some former militants had even joined the president’s camp, the majority were agitating against the planned reduction and discontinuation of the amnesty programme; it seemed to come down to a pecuniary issue for them. As such, it was comparatively easy for Buhari to do an about face at the end of May and hold out the prospect of a “re-engineered” amnesty to those ex-militants (with further prospects of enrichment for them). While this has cost his anti-corruption drive some credibility, it was a pragmatic solution for containing the NDA threat and preventing it from spilling over into the areas controlled by those former militants. The “rehabilitated” ex-militants also dutifully obliged by denouncing the NDA. The success of the overall strategy now very much hinges on the degree of influence of those ex-militants and stakeholders that Buhari can marshal for his ends. There is also a time constraint. Buhari’s sworn political enemies are currently in disarray. He therefore needs to succeed before his political detractors can rally local support to sabotage the process. He also needs to succeed before NDA attacks further drive down oil production and government revenues, thus impacting on the Nigerian state’s ability to deliver basic services to its population.

stingray army
Small riverine craft like this Suncraft Stingray landing craft of the Nigerian Army will carry the brunt of any joint military and inter-service effort against the NDA. Photo: Deutsche Welle/M. Bello.

Because diplomacy without force is like music without instruments, Buhari also made it clear that if all else fails he will use force. It should be remembered that in spite of all criticism (and the very real limitations) of the Nigerian military, it was the military offensive against the militant camps in Gbaramatu Kingdom in May/June 2009 that forced Tompolo, then the most powerful “General” of MEND, to the negotiating table and that cleared the way for the relative success of the Presidential Amnesty Programme by the late President Yar Adua. The cost to the local population was high – more than 1,000 persons were believed to have been killed and 30,000 were made temporarily homeless. The message Buhari could be sending to the communities, as warships and ground attack helicopters assemble in the area, is: give up the NDA or risk a repeat performance of 2009.

Dirk Steffen is a Commander (senior grade) in the German Naval Reserve with 12 years of active service between 1988 and 2000. He took part in the African Partnership Station exercises OBANGAME EXPRESS 2014, 2015 and 2016 at sea and ashore for the boarding-team training and as a Liaison Naval Officer on the exercise staff. He is normally Director Maritime Security at Risk Intelligence (Denmark) when not on loan to the German Navy. He has been covering the Gulf of Guinea as a consultant and analyst since 2004. The opinions expressed in this article are his alone, and do not represent those of any German military or governmental institutions.

Featured Image:  Fighters of the Movement for the Emancipation of the Niger Delta (MEND) prepare to head off for an operation against the Nigerian army in the Niger Delta on September 17, 2008. MEND declared full-scale ‘oil war’ against the Nigerian authorities in response to attacks by the Nigerian military launched against the militants. “Our target is to crumble the oil installations in order to force the government to a round table to solve the problem once and for all”, said Boyloaf, leader of the militants (now, in 2016, an ally of the government). AFP PHOTO/PIUS UTOMI EKPEI.

Will China Decide to Reduce Tension in the South China Sea?

The following piece was originally published on 31 May 2016 by The Straits Times. It is republished here with the authors’ permission. It may be read in its original form here.

By James Kraska and Raul Pedrozo

On May 19, The Straits Times published an article written by Xu Bu, China’s Ambassador to Asean, that criticises US involvement in the South China Sea (“US ‘rebalancing’ is fishing in S. China Sea’s troubled waters”).

Ambassador Xu accused the United States of being the “driving force” behind increased tensions in the region, but his rhetoric is based on faulty assumptions and misinterpretations of the facts and the law.

Mr. Xu suggests that after U.S. Secretary of State Hillary Clinton visited the region in 2009, the region “evolved into a disturbing… hot spot,” and that her visit encouraged states to change their policies to confront China.

But China’s problems in the South China Sea were created by conscious decisions in Beijing to insistently use coercion to advance its expansive and unlawful claims, alarming China’s neighbours. And the Philippines and Vietnam clarified their claims in the South China Sea not because of Mrs. Clinton’s visit, but to comply with international law – something China might well consider for itself.

The Philippines did not enact a new baseline law in March 2009 “to claim sovereignty over… Huangyan Island (Scarborough Shoal) and some of the Nansha (Spratly)Islands.”

In fact, Republic Act 9522 was passed to bring the Philippines’ archipelagic baseline system into full compliance with the United Nations Convention on the Law of the Sea.
ST_20160531_STREBUTTAL_2330015
Filipino students holding anti-Chinese placards during a rally in Manila in March against Chinese vessels reportedly dropping anchor near a South China Sea atoll also claimed by the Philippines. Photo: Agence France-Presse.

Philippine sovereignty over Scarborough Shoal can be traced back to 1800, when the Philippine-based Spanish frigate Santa Lucia surveyed the shoal. Colonial Spain, and later the U.S., effectively administered the shoal and its surrounding waters until the Philippines gained its independence in 1946. Philippine claims to the Spratlys’ Kalayaan Island Group (KIG) date back to 1956; the KIG was formally annexed by Philippine Presidential Decree No. 1599 in 1978.

Similarly, Mr. Xu asserts that Vietnam’s May 2009 submission to the Commission on the Limits of the Continental Shelf, in which Hanoi claimed an extended continental shelf in the South China Sea and reaffirmed its sovereignty over the Paracel and Spratly islands, was somehow linked to Mrs. Clinton’s visit. In fact, Vietnam submitted its claim on May 6 and 7 in order to meet the UN-established deadline – May 13, 2009. Vietnam’s title to the Paracel and Spratly islands is well founded in history and law. Vietnam exercised peaceful, effective and continuous administration of the Paracel Islands from the early 18th century until 1974, when Vietnamese forces were ejected in a short, bloody attack by China – a violation of Article 2(4) of the UN Charter.

Similarly, Vietnamese sovereignty over the Spratlys can be traced to French annexation and peaceful occupation of the archipelago in the 1930s. Taiwan’s illegal seizure of Itu Aba Island in 1956 and China’s invasion of the Spratlys in 1988 violate Article 2(4) and do not confer lawful title to the Spratlys to either nation.

Turning to Coercion

The wedge between China and Asean with regard to the South China Sea emerged from China’s end to its “peaceful rise,” as it turned towards coercion to bully its neighbours. Noteworthy examples of Chinese aggression include – harassing Vietnamese and Philippine seismic survey ships by cutting their seismic cables and threatening use of force (2011-2012); preventing Vietnamese and Filipino fishermen from pursuing their livelihood in their own exclusive economic zone (EEZ) by ramming and sinking their boats (2014-2016); seizure of Scarborough Shoal (2012) and Jackson Atoll (2015); conducting military exercises on James Shoal (2013-2014); interfering with the humanitarian resupply of Filipino marines aboard the BRP Sierra Madre at Second Thomas Shoal (2014) – a submerged feature on the Philippine continental shelf; conducting oil exploration with the deepwater oil rig Haiyang Shiyou 981 in Vietnam’s EEZ (2014-2016); construction of massive, mid-ocean artificial islands (2013-2016); establishing military installations and radar sites on them, and building airstrips on the features capable of accommodating every military aircraft in the People’s Liberation Army (PLA) inventory (2015-2016); and stationing surface-to-air missiles in the Paracels in order to expand its anti-access/area denial envelope (2016).

China took all of these actions and more despite its obligation to comply with the 2002 Declaration on the Conduct of Parties, in which the parties pledge to exercise self-restraint in conducting activities that could complicate or escalate disputes and affect peace and stability, and to refrain from action of occupying presently uninhabited features.

While all South China Sea claimants reclaimed land to artificially enhance islands in the region, the speed and scale of China’s campaign, combined with aggressive policing of its extravagant nine-dash line claim, have inspired fear.

Since December 2013, China has reclaimed more than 1,295ha of artificial territory. By comparison, Vietnam has reclaimed approximately 32ha; Malaysia, 28ha; the Philippines, 6ha; and Taiwan, 3ha.

In other words, China has reclaimed 17 times more artificial land in two years than the other claimants combined over the past 40 years, which accounts for nearly 95 per cent of all reclaimed land in the Spratly Islands.

Mr. Xu also claims Washington encouraged the Philippines to abandon bilateral negotiations with China in favour of litigation at the Permanent Court of Arbitration. The Philippines, however, neither sought nor needed U.S. approval, and was driven by its own frustration over 20 years of failed bilateral consultations and negotiations with China. The tribunal concurred, noting that “despite years of discussions aimed at resolving the… disputes, no settlement has been reached. If anything, the disputes have intensified.”

Freedom of Navigation Threat

The Ambassador suggests that the U.S. fabricated a threat to freedom of navigation and overflight, which he claims has never been at risk in the South China Sea. Since 2001, however, Chinese ships and aircraft have conducted countless provocative, dangerous and unprofessional challenges and intercepts of U.S. surveillance/ reconnaissance aircraft (such as EP-3 incident 2001, P-8 incident 2014, EP-3 incident 2016); U.S. warships (such as USS John S. McCain 2009, Cowpens 2013, Chancellorsville 2016); and U.S. military survey ships (such as USNS Bowditch 2001/2008, Sumner 2002, Impeccable 2009/2013, Victorious 2009).

China has also issued grave warnings to Indian warships (INS Airavat 2011 and Shivalik 2012) and Australian surveillance aircraft and warships (2015-2016) exercising high sea freedoms in the South China Sea.

Ironically, China is completely hemmed in by neighbouring EEZs, and the PLA Navy operates freely in its neighbours’ EEZs, as well as conducts spying in the U.S. EEZ off Hawaii and Guam.

The U.S. is a treaty alliance partner with five nations in the region – Australia, Japan, the Philippines, South Korea and Thailand.

Ambassador Xu claims that these long-standing relationships are militarising the region. But American naval force levels and those of its allies are essentially unchanged for 20 years.

Over the past five years, the U.S. transferred three repurposed U.S. ships to the Philippine Navy – BRP Gregorio del Pilar (2011), Ramon Alcaraz (2013) and Gregorio Velasquez (2016), while China launched three new warships in a single day last year! Likewise, the recent agreement between the U.S. and the Philippines to permit American forces occasional access to a handful of Philippine bases is part of the modest rebalance that arose after 15 years of breathtaking increases in the quality and quantity of Chinese warships and military aircraft.

The economic prosperity of the people of South-east Asia is best assured by the peace and security of enduring partnerships between the United States and its friends and allies, and a commitment by all states to a rule-based order in the world’s oceans.

If China is indeed a “strong supporter of a rule-based international order,” as the Ambassador claims, then Beijing has to act as though international law binds and restrains powerful states as well as the weak.

Until that occurs, China will never win the respect of those responsible nations who truly seek peace and prosperity in the Indo-Asia Pacific region.

Raul Pedrozo is a non-resident scholar in the Stockton Centre for the Study of International Law at the US Naval War College. James Kraska is a professor in the centre.

Featured Image: DigitalGlobe, via CSIS Asia Maritime Transparency Initiative.