Category Archives: Global Analysis

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Afghanistan After America: China’s Next Adventure

By Micah Petersen and Addison McLamb

As the final boardwalk shop on Kandahar Airfield closed its doors for the last time, reality hit home: this time the United States was actually leaving Afghanistan. A decade ago, thousands dined at TGI Friday’s on the boardwalk and joined in for Salsa Night; but now the desert dust of Kandahar blew trash across the empty basketball court and into the barbed-wire fence surrounding it, deterring anyone from playing a game during the COVID-19 pandemic. Unlike the proposed closure of the airfield in 2015, the minimal numbers of U.S. troops throughout the country was indicative of an impending full withdraw. A nearby volleyball court, track, and soccer pitch—once part of a bustling complex of over 30,000 visitors—now sat empty in the sun, waiting for the revolving door of imperial powers to supply its next occupant.

The U.S. military began its first withdraw from Afghanistan in 2011, but 2,500 troops remained in the country at the start of 2020. In February 2020, as part of a U.S.-Taliban peace plan, former President Trump agreed to the full, conditional withdraw of all U.S. troops by May 2021. President Biden then delayed the date of withdraw until September 2021. With the withdraw now complete, continued instability in Afghanistan seems inevitable, and foreign stakeholders will vie for leverage as part of a larger Central Asian strategic competition for influence. Of these players, China is uniquely poised to fill Afghan power vacuums and pursue its foreign policy objectives in Afghanistan by leveraging its historic neutrality with the Taliban, capitalizing on existing Belt and Road Initiative (BRI) projects in Afghanistan, and backing Pakistan to consolidate gains in a post-American occupied Afghanistan.

China’s Central Asia Strategy

Predominantly populated by a European diaspora, the United States first sought its strongest foreign ties with the “Old World” of Europe. In contrast, as a civilization unto itself, China sought its strongest ties and influences with the areas most able to affect domestic wealth and power—in a word, its borders. Throughout history—perhaps inspired by a “Go” strategy of avoiding encirclement—China has sought to secure lines of communication (LOC) in zones of influence adjacent to its borders. Whether through the eastern “nine-dash line” or western clashes with India, China sees its borders less as boundaries, but more as the circumference of a territorial platform from which to project power in near-area zones of influence, thereby ensuring domestic security and buffering outside threats to the desired “Grand Society” envisioned by Confucius.

This realist approach to security has also been balanced with a partnership approach via bilateral relations under the BRI. The Chinese Communist Party (CCP) likely recognizes its western-focused BRI will necessitate power projection in Afghanistan. Beijing’s policy proposals often allude to Chinese cultural references or shared history (usually an attempt to nest the young Communist Party within ancient Chinese society), and the choice of Silk Road alliteration is not melodrama. China probably desires Central Asian resources and economic clientelism to offset any adversarial posturing from South Korea, Japan, or Taiwan. Beijing would also anticipate Pakistan’s help with any push to utilize LOCs in and around Afghanistan. As if to signal the depth of their alliance, Pakistan and China recently leaked an intelligence agreement between Pakistan’s Defense Ministry and China’s Central Military Commission, demonstrating their willingness to combine strategic effort with tactical collaboration. Overall, China recognizes that stabilization in Central Asia requires a stable Afghanistan.

Over the last two centuries, Beijing learned from previous Russian, British, and American occupations in Afghanistan. As a result, the CCP has neither taken an official political stance against the Taliban nor generated unilateral policy positions towards Afghanistan. Their “bilateral” relationship with Afghanistan (framed with the same grandeur and opacity as its nearly eighty other BRI “bilateral” partnerships) allows the CCP to exert paternalistic dominance in economic relationships whilst couching investment loans as indicative of symbiotic “global leadership.” With the Taliban now in control of most of Afghanistan, Beijing could use infrastructure investment and United Nations’ influence to support a Taliban-ruled Afghanistan. Supporting a Taliban regime could also allow China to excuse itself from foreign accusations of anti-Islamic bias. The Taliban is geographically postured to quell any potential uprisings against their CCP partners, allowing Xinjiang abuses to be cast as a purely secular effort to shore up public safety rather than as an Orwellian plan to crush recurring thought crime.

Overall, to China, Afghanistan likely reflects a ripe investment opportunity, credible hedge against criticism of anti-Islamic bias, and tantalizing opportunity to display international leadership. To Afghanistan, China likely represents a steady supply of invasion-free investment, a sympathetic ear within the United Nations Security Council, and a pan-Asian sense of durable partnership. Whether the relationship blossoms will be largely dependent on the real returns of each side’s commitment.

Infrastructure Investment

During America’s two-decade effort in Afghanistan, Beijing took advantage of waxing relations (especially in the Hu Jintao era) to quietly fund infrastructure investment throughout the country. This was not a new tactic for China—from the early 20th century through the 1980s, China bankrolled various African infrastructure projects and even supplied weapons to sub-Saharan tribes fighting for independence from their colonial invaders. China transitioned to more passive models for the next three decades (largely due to Deng Xiaoping’s famous “lie low” doctrine and Jiang Zemin’s “Shanghai Clique”opportunism), which culminated most recently in Xi Jinping’s hybrid BRI.

Modern Sino-Afghan relations were significantly shaped by Mao’s diplomacy in the 1960 Beijing-Kabul Non-Aggression Treaty. Despite sharing a slim border with Afghanistan; and even in comparison to the billions of dollars of United States’ aid since 2001, China nonetheless still holds rights to Afghanistan’s largest foreign investment project: the Aynak copper mine. Chinese payments for mineral exploitation fees alone guarantee the Afghan government an annual return of over $800 million. As strategic hubs like Kandahar Airfield are no longer controlled by foreign actors, China’s construction and operation of airports in Zimbabwe and other African states foreshadows interest in controlling and managing Afghan transportation networks. The Taliban lacks any experience in operating international airfields, and China is likely to offer its managerial expertise in hopes of establishing a similar control over transportation networks that it has with aforementioned African states. The durability of economic quid pro quo is questionable, but Chinese strategic intentions remain clear.

Infrastructure development in Afghanistan allows China to secure both profit and security. The Taliban has a history of supporting the Eastern Turkmenistan Movement, which is China’s largest terror threat in Xinjiang. Using Afghan infrastructure investment as an incentive—and domestic resources (like Aynak) as collateral—Beijing can field both carrots and sticks to dissuade Taliban support of Uighur Turkic groups. The mechanics of such negotiations can be nested within BRI projects and then marketed as skillful CCP maneuvering focused on both foreign and domestic outcomes.

Risk and Alliance

Chinese success in Afghanistan will be most reliant on its alliance with Pakistan. Kipling’s famous “Arithmetic on the Frontier” lyricizes the debilitative cost of attempting to stabilize a society that has been de facto tribal since the 14th century Durrani Empire. True to Kipling’s foreboding, it seems that durable stability in Afghanistan will only come when Pashto, Tajik, Hazara, Uzbek, and other minority tribes are aligned to a common national vision. China’s initial networking among some of Afghanistan’s most rugged and hardened regions—in concert with Pakistan—will pay dividends in their understanding of how to assess and realign competing visions.

The United States and Soviet Union both struggled in Afghanistan in part because of difficulties in suppressing insurgent activity from the ungoverned Federally Administered Tribal Areas (FATA) along the Afghanistan-Pakistan border. Relationships with powers like Pakistan are helpful for casting a wider, more effective net against regional terror activity, and China has a very strong and stable diplomatic relationship with Pakistan. Through this relationship, China has arguably set conditions to stabilize the infamous northeast provinces near the FATA. This could create a power dynamic where Beijing’s most significant negotiations would be with the Pashto and Taliban-dominated South—areas historically more aligned with kindred Pashtos in Pakistan. Northern stability and southern alliances may then serve as a platform to negotiate with a larger confederation of tribes (including those of the former Northern Alliance) to more quickly realize a Durrani redux and Afghan solidarity.

The crux of China’s involvement in Afghanistan relates primarily to security—both economic and domestic—and the risk tolerance of the CCP to flex global leadership aspirations in such a difficult environment. China will likely mitigate this risk by leveraging its existing infrastructure investments and strong alliance with Pakistan, while using BRI channels and domestic information control to frame the move as necessary for Central Asian prosperity and stability in Xinjiang. Furthermore, with the inevitability of the Taliban attaining at least some formal influence within Afghanistan governance, China remains the only permanent United Nations Security Council member whose relationship with the Taliban could bring benefits to both parties.

Conclusion

The U.S. military and NATO writ large made a lasting impact on the country of Afghanistan. Despite the fall of the Afghan government, other aspects of development such as female literacy rates, female employment, and significant overall growth of GDP per capita since 2001 are evidence that the NATO mission transformed the lives of Afghans. But long-term outcomes of western involvement remain ambiguous.

If history is any guide, U.S. troops will not be the last foreign soldiers to see shops close their doors at Kandahar Airfield. What we do know is that the discussion regarding Afghanistan’s future development is a conversation space that should not be dominated solely by the People’s Republic of China. The CCP’s expansion over the last decade, and its associated exploitation of countries in need of steady development, raises enough red flags to force the United States and its allies to consider how China will insert itself in Afghanistan over the coming years. Recognizing the incentives China possesses to influence Afghanistan is of the utmost importance and critical for the United States as it repositions itself within the Middle East.

Micah D. Petersen is a graduate of the University of Delaware with a BA in International Relations and an MA in Geography, focusing on Chinese migration to Africa. He is also a Schwarzman Scholar and currently serves as an Infantry Captain in the United States Army. He  has studied and traveled to over 25 countries and deployed to Kandahar, Afghanistan as the Aide-de-Camp to the Kandahar Airfield Commanding General.

Addison McLamb is a graduate of Wake Forest University with a BA in Chinese Language and  Culture, focusing on Chinese foreign policy. He is a Schwarzman Scholar (Class of 2017) and currently serves as an Intelligence Captain in the United States Army. The views expressed are those of the authors and do not reflect the official position of the Department of the Army or Department of Defense.

Featured image: December 2020 – Once the center for social activities, the Kandahar Boardwalk sat desolate before coalition forces handed it over to the Afghan government in January 2021. (Credit: authors)

The Next War: How the Israeli Navy Can Better Cooperate with Israel’s Air and Ground Forces

By Ehud Eilam

The Israeli Navy has several important tasks, including the protection of Israel’s population and industrial centers, its sea lines of communication in the Mediterranean and the Red Seas, and its gas rigs. As part of the Israel Defense Forces (IDF), the Israeli Navy must also combat Arab Non-State Actors (NSAs), namely Hezbollah and Hamas. Israel fought wars with Hezbollah in Lebanon from July to August 2006, and with Hamas in the Gaza Strip from December 2008 to January 2009, July to August 2014, and in May 2021. The Israeli Navy is composed of three flotillas. This article will examine their cooperation with the IDF’s air and ground forces in the next war with Hezbollah or Hamas and make recommendations to improve the Israeli Navy’s capabilities.

Reliance on Firepower

In the last two decades, the IDF has relied on firepower more than maneuver to reduce its combat casualties, due to the increasing precision of its weapons systems. By depending on firepower, the IDF is exploiting its advantage in technology over its adversaries, in particular Arab NSAs. However, this approach did not lead to success in the 2006, 2008-2009, and 2014 wars with Hezbollah and Hamas, all of which ended without a clear victory. The IDF is eager to ensure such a victory in the next war, but it will likely continue to prioritize firepower over maneuver, mostly from the Israeli Air Force (IAF).

While Hezbollah has significantly less firepower than the IDF, it has approximately 150,000 rockets and missiles with which it can target most of Israel. The IDF’s Home Front Commander, Major General Uri Gordin, warned on March 15, 2021, that during a war with Hezbollah, Israel might absorb as many as 2,000 rockets and missiles daily–which could hit any number of targets, including Israeli airfields. The IAF has been preparing for such a scenario so that it can continue to operate under fire. This problem was raised back in the 1990s, when the IDF was more focused on Arab militaries, particularly the Syrian military, rather than Arab NSAs.

Some in Israel suggested then to strengthen the Israeli Navy at the expense of the IAF, as a platform to strike adversaries from the sea. Their justification for investing in the navy was that warships can carry more weapons and operate for longer of periods of time than aircraft, which require more frequent rearming and refueling at airfields that are exposed to enemy fire. Yet warships also need to rearm and refuel at their bases that are exposed to enemy fire. Regardless, the IDF continues with its traditional doctrine of relying on the IAF, rather than the navy, for delivering massive firepower. The IAF has no strategic bombers, only fighter-bombers—the F-15, F-16, and F-35—but they can inflict a significant blow.

Assisting Ground Forces

In the 2006, 2008-2009, and 2014 wars, the Israeli Navy assisted ground forces by providing sea-to-shore fire support. The Israeli Navy has 76 and 20mm cannons and Spike-Er missiles, which is relatively less firepower than what the IAF can deliver. This firepower also has a short range, which limits the navy to striking targets at or near the coastline. However, more akin to artillery than aircraft, warships can maintain a longer presence at the battlefield, ready to fire at any time—which is essential if a ground unit needs immediate fire support. The IAF has significantly improved its availability for close fire support, but it is sometimes not enough. 

Gunships are useful in attacking various targets and would significantly improve the navy’s fire support for ground forces. In the IDF, almost all aircraft are under the control of the IAF. Since the Israeli Navy has no ability to strike targets from the air, it has needed to improvise. For example, on July 10, 1985, two MD-500, light gunships, took off from an Israeli missile corvette operating near the Lebanese coastline. The gunships bombed a base of a terror group and returned to the ship. The Israeli Navy could repeat such a mission with AH-64 gunships and warships large enough to embark them. The British Army Air Corps used AH-64s embarked aboard ships to strike targets in Libya in 2009.

The AH-64 has a range of less than 300 miles, but that should be more than enough against Hezbollah in Lebanon and Hamas in the Gaza Strip. Lebanon’s geography is such that all of Hezbollah’s bases there are within striking distance from the sea, if the IDF attacks them with gunships. The geography of the Gaza Strip is even more conducive for strikes from the sea, and its width is not more than seven miles. Therefore, every objective there could be hit from the sea by an AH-64.

The IAF can bomb every objective in Lebanon and the Gaza Strip by relying on its airfields, but gunships can land in many other areas, including on ships. An AH-64 that is sent to strike deep inside Lebanon can save fuel if it is launched from a ship located near the coastline. Having more fuel would allow the gunship to remain on station for longer periods, which sometimes can be crucial for the success of the mission. Furthermore, having the ability to launch an AH-64 from a ship would be helpful for operations farther away from Israel. 

The Israeli Navy also assists ground units with intelligence gathering activities. In general, the IDF has upgraded its ability to gather intelligence, most notably by assimilating various types of unmanned aerial vehicles (UAVs). The navy is also part of this effort. Operating with and without UAVs, its surface ships and submarines can escort ground units, conduct reconnaissance for them, warn them about threats ahead, advise how to bypass an obstacle, etc. Surface ships such as missile corvettes risk exposure to Hezbollah’s anti-ship missiles when supporting these activities, but Hezbollah lacks anti-submarine capabilities. However, the Israeli Navy cannot rely on submarines solely in gathering intelligence, let alone in a time of war, when information will be in high demand.

Hezbollah and Hamas plan to defend their positions from these activities. Their defense relies on mortars, improvised explosive devices, mines, and anti-tank missiles, such as the advanced 9M133 Kornet. The latter might also be used against Israeli ships operating near the coastline. Hezbollah has additional anti-ship missiles: the Yakhont and C-802. They will be met by Israel’s Barak-8, a long-range anti-missile system. The Israeli Navy also has the C-Dome to protect ships from drones, rockets, and missiles. The Barak-8 and C-Dome have not been tested in combat. Depending on how well those defense systems work, the IDF will decide how much the Israeli Navy can assist ground units in providing fire support and intelligence.

In the 2006 war, Hezbollah fired a C-802 missile that hit an Israeli missile corvette, killing four of its crew. In the first stage of the next war, the Israeli Navy and the IAF will try to destroy Hezbollah’s anti-ship missiles before they can be launched. Until then, the Israeli Navy might limit its operations in order to protect its ships. This is another factor that will affect how much support the Israeli Navy can provide to Israel’s ground forces.

Amphibious Capabilities

The IDF has carried out amphibious operations during and since its first war in 1948. However, the landings were quite limited, mostly aimed at delivering supplies and vehicles, such as in the 1956 war. In 1967, a relatively major amphibious operation was supposed to take place in northern Sinai, close to the border. It was canceled due to the rapid advance of Israel’s ground forces. In the 1973 war, the IDF had plans to conduct a large-scale amphibious operation in the Suez Bay, but they were eventually turned down. The IDF preferred to rely on crossing the Suez Canal, which was a daring and highly risky operation, but one that seemed less problematic than landing from the open sea.

In 1982, the IDF carried out its largest amphibious operation ever. It was conducted in Lebanon against the Palestine Liberation Organization (PLO). However, the IDF did not face much resistance since there were no PLO fortifications and almost no PLO forces in the landing zone. The PLO also did not have a navy, and the IDF enjoyed air superiority. Even the weather supported amphibious operations. Despite all those advantages, the IDF did not advance quickly from the beachhead. In 1993, the IDF took its few landing craft out of service, which were sold or used for target practice. The Israeli Navy concluded the landing craft were too vulnerable to enemy fire. The IDF could have dealt with this vulnerability by suppressing the enemy fire, buying better and faster landing craft, etc., but the IDF did not further invest in this warfare area.

In a war against Hezbollah or Hamas, establishing a beachhead in Lebanon or in the Gaza Strip could meet some resistance. However, while Hezbollah has a few dozen tanks, Hamas lacks capabilities to carry out a significant counterattack. They can only launch infantry to storm the beachhead. Conversely, the IDF can quickly deploy enough troops, backed by air power, to push back any counterattack. Hezbollah and Hamas have mortars and anti-tank missiles, but no heavy artillery. Therefore, the beachhead is not likely to face any danger of annihilation. Hezbollah and Hamas have also invested in building fortifications near their land border with Israel, assuming correctly that Israeli troops will attack there, as they have in previous wars.

In the last decades, the IDF’s naval commandos carried out raids, including from the sea. However, conducting a vast amphibious operation is distinct from such raids. The IDF is aware this will be a complicated task, which requires effective and tight cooperation between its sea, ground, and air forces. Even when Israel’s foe has been an NSA, and therefore lacking most capabilities of conventional armed forces, the IDF avoided investing in amphibious capabilities. It is a missed opportunity. With amphibious capabilities, the IDF can surprise its foe, which could help in achieving victory. The IDF can land in Lebanon or the Gaza Strip, bypass its enemy’s lines of defense, and attack their flanks and rear.

Coastal Defense

Most of Israel’s population and infrastructure are near its coastline, so coastal defense is a top priority for the IDF. In the 2014 war, the IDF was surprised by, but still managed to kill, a few Palestinian naval commandos, or frogmen, who penetrated southern Israel from the sea after swimming there from the nearby Gaza Strip. During the fight with Hamas in mid-2021, the IDF destroyed much of the equipment used by their frogmen, degrading their capability to strike Israel again. Depending on how much Hamas has rebuilt this capability, the IDF will probably repeat these strikes at the start of the next war.

In contrast with Hamas, Hezbollah has an increasingly capable naval unit, which receives significant funding and military assistance from Iran. Iran has provided this unit “with quality Iranian naval weapons, and trained [it] in Iranian Revolutionary Guards bases and training camps. “ Currently, Hezbollah has warehouses in Lebanon to sustain and enable its naval unit, “to have a continuous supply of weapons and access to the logistical and technological backbone.”

In the next war, Hezbollah or Hamas could attempt to penetrate Israel with frogmen, small boats, and perhaps even tiny submarines. They could inflict casualties among both troops and civilians, damaging IDF equipment near the coastline and disrupting operations. In recent years, following Israel’s conflict with Iran and its proxies, “Israel has invested in improved detection and defenses of its shores and maritime assets against various threats, such as missiles and most probably also underwater and fast-boat attacks.” This effort often requires close cooperation between sea, ground, and air forces.

The first line of coastal defense is of course at sea. The Israeli navy will try to block incursions, such as detecting fast boats and frogmen before they reach the Israeli coast. The Israeli Navy has the AS-565, a helicopter that operates from ships such as the Sa’ar-5 for a variety of missions, including reconnaissance and rescue. The AS-565 is essential when the ship is far away from Israel, where the IAF is not available.

In a time of war, the IAF will be busy with many tasks, so coastal defense may not be a priority. However, one of the IAF’s primary missions, achieving air superiority, should be relatively easy. Unlike Arab militaries, Arab NSAs lack air forces and significant air defenses. Hezbollah has some air defense capabilities for short range defense, such as SA-8, 14, 16, 17, and 22 anti-aircraft missiles. Hamas has much less. The IAF might lose a few aircraft, but it will not stop it from ruling the skies. Therefore, the IAF could focus on other tasks, such as destroying missiles and rockets before they are launched at Israel and supporting ground forces. Nevertheless, the IAF also must be prepared to allocate aircraft for naval missions, especially coastal defense.

The IAF could assist coastal defense efforts in several ways. UAVs can patrol across the coastline, looking for indications and warnings of an attack. UH-60 helicopters could land troops in every spot where there is an assault from the sea. The AH-64 could join them to provide fire support. Helicopters and gunships would be needed to support ground units on the frontline, but some helicopters and gunships could be assigned to patrol the coastline. In the 2006, 2008-2009, and 2014 wars, Israel postponed its ground offensive, sometimes by weeks, hoping heavy bombardments would be enough to bring victory. This approach might repeat itself in the next war, which means that helicopters and gunships could aid in coastal defense until the ground offensive starts.

Despite the importance of the sea to Israel, the IAF was not built to assist the navy. The IAF’s doctrine and weapon systems have been designed to defeat the air and ground forces of Arab militaries. While many Arab militaries have navies that could have attacked Israeli coastlines in past wars, they never tried. Therefore, the IDF focused on land invasion, worrying much less about an attack from the sea. NSAs cannot invade Israel from the sea, but their naval infiltrations could disrupt Israeli operations—or worse. The IAF must be ready to coordinate with the Israeli Navy to prevent this outcome. The priorities and development of the IAF will continue to be based on preparing for air combat and striking ground objectives, but the IAF should also invest in capabilities to locate and strike sea targets.

Conclusion

The IDF must be prepared to confront Arab NSAs in the next war. The Israeli Navy will have to provide fire support and intelligence to ground units, but it currently lacks the firepower it needs to be effective against ground targets. One way to improve the navy’s firepower is to launch AH-64s from ships at sea. The IDF should also consider reinvesting in amphibious capabilities for the Israeli Navy to surprise its adversaries from the rear. Ultimately, the IAF is likely to gain air superiority in a war against an Arab NSA, which will allow it to focus on other tasks, such as destroying missiles and rockets and assisting the IDF’s ground and sea forces. The IAF will decide if and how many aircraft will be allocated to carry out each mission, according to the priorities at hand. The Israeli Navy and IAF must be prepared to cooperate if one of those priorities is coastal defense.

Dr. Ehud Eilam has been dealing with and studying Israel’s national security for more than 25 years. He served in the Israeli military and later worked for the Israeli Ministry of Defense as a researcher. He has also  published six books in the United States and United Kingdom. His latest book is Containment in the Middle East.

Feature image: INS Magen, the first of four new Sa’ar 6-class corvettes to be delivered to the Israeli Navy.  (Credit: Israeli Defense Forces)

Sea Control 271 – Navigation in Particularly Sensitive Sea Areas with So Yeon Kim

By Jared Samuelson

So Yeon Kim joins the program to discuss “Particularly Sensitive Sea Areas,” their increasing politicization, and how states use them to protect sensitive ecosystems.

Download Sea Control 271 – Navigation in Particularly Sensitive Sea Areas with So Yeon Kim

Links

1. “Problems and Processes of Restricting Navigation in Particularly Sensitive Sea Areas,” by So Yeon Kim, The International Journal of Marine and Coastal Law, June 3, 2021. 

Reflecting on Colonial Approaches to the China-Vietnam Dispute in the South China Sea and the Tribute System,”  by So Yeon Kim, Journal of the History of International Law, January 31, 2021.

Jared Samuelson is Executive Producer and Co-Host of the Sea Control podcast. Contact him at Seacontrol@cimsec.org.

This episode was edited and produced by Keagan Ingersoll.

The HMS Defender Incident: Lawfare, Optics, and a Changing European Strategic Direction

By Louis Martin-Vézian

On the morning of June 23, 2021, the Royal Navy destroyer HMS Defender departed its port of call in Odessa, Ukraine, and made way for Batumi, Georgia. While in transit, the destroyer conducted a Freedom of Navigation Operation (FONOP) near the southwestern tip of Crimea, triggering a Russian reaction comprising at least three ships and dozens of aircraft. The incident is the latest flare-up in the Russo-Ukrainian conflict, yet escalation risks from encounters in the maritime domain are often overplayed by inflammatory communiqués. The crux of the matter remains international law, and information warfare, while harmless posturing is simply the most visible outcome. Diving deeper reveals the determinants behind the UK’s actions, from operational imperatives to legal standings, but also a changing European strategic direction.

The Incident at Sea

Prior to the incident, Defender entered the Black Sea along with the Dutch frigate HNLMS Evertsen to carry out exchanges and exercises with the Romanian, Ukrainian, and Georgian navies. Both ships are part of Carrier Strike Group 21, centered around the aircraft carrier HMS Queen Elizabeth. After departing Odessa, Defender proceeded towards the traffic separation scheme off Cape Florient at the southwestern tip of Crimea. While following the traffic separation scheme, the destroyer briefly entered one of three restricted navigation zones (highlighted in red on the map below) implemented contentiously by Russia within the 12 nautical mile limit of Crimea’s territorial waters.

A map of the events surrounding HMS Defender. Click to expand. (Author graphic)

Upon entering the restricted navigation zone, Russian Coast Guard vessels hailed Defender over the radio and urged it to turn away. After several further communications, a Russian Coast Guard vessel fired three short bursts high into the air, at an angle slightly offset to that of the British destroyer, only after several ‘avoid hit’ commands were given to the gunners. Traditionally, warning shots are fired across the bow of a targeted ship, as they are meant to be noticed and unambiguous. However, for uncertain reasons,1 it appears that in this case the Russian vessel was at least a kilometer behind Defender—hence qualifying the bursts as ‘warning shots’ is a stretch.

Regimes of International Law

The Defender’s transit through Crimean territorial waters came after Russia issued a Notice to Mariners (NOTMAR), which suspended the right of ‘innocent passage’ to foreign warships in the three previously mentioned restricted navigation zones from April 21 to October 31, 2021.2 The right of innocent passage is enshrined in the United Nations Convention on the Law of the Sea (UNCLOS), Articles 17 to 32. UNCLOS allows for any ships to transit through the territorial waters of another nation if they follow certain broad conditions.

Under UNCLOS Article 25(3), coastal states can implement restrictions on navigation, provided they remain temporary, indiscriminate, and localized. The notice issued by Russia is problematic, not only because it discriminates between “foreign warships and other government ships” and other shipping, but also because it assumes Russia is the coastal state. This latter assumption is rejected both by any reasonable interpretation3 of international law and the United Nations General Assembly Resolution A/RES/68/262.4

However, another regime of international law is at play in Crimea and would support Russia’s NOTMAR—namely, the law of armed conflict and the law of occupation, as articulated by Prof. Stefan Talmon for GPIL – German Practice in International Law.5 The law of occupation provides the occupying power with a wider range of options to restrict navigation in occupied territorial waters as “land dominates the sea,”6 and an occupying power inherits controlling rights over the occupied territory’s territorial waters. This would appear contradictory to Russia’s position regarding Crimea, as it no longer differentiates between Crimea and the rest of the Russian Federation since the contentious Crimea-Russia annexation treaty7 signed by Vladimir Putin on March 18, 2014, and ratified8 by the Duma and Federation Council on March 20 and 21, respectively.9

This contradiction between Russia’s best efforts to portray the annexation of Crimea as legitimate and effective, while at the same time subtly referencing rights conferred to occupying powers under the law of occupation, is both flagrant and irrelevant—the law of occupation is in effect whether the occupying power admits to its status or not.10

The Russian attempt to restrict navigation off Crimea would therefore appear to satisfy the conditions required under international law, but a final hurdle remains in the way of conferring it full legitimacy; the NOTMAR mentions “Russian territorial waters” while referring to the waters off Crimea, which is currently considered to be under “temporary occupation.” Prof. Talmon points out that the United States issued a similar NOTMAR during the occupation of Iraq, with the notable difference that it had appropriately referred to the waters in question as “Iraqi territorial waters.” Therefore, a state rejecting the annexation of Crimea would be inclined to ignore the Russian NOTMAR despite its otherwise robust legal standing.

Different Optics, Different Objectives

Following the incident, Russian government sources and media announced that Russian vessels and aircraft fired warning shots at Defender and dropped bombs in its path.11 The Russian government also filed a formal protest and summoned the British ambassador and defense attaché in Moscow. London denied both the shooting and the bombing, possibly on the grounds of lexical accuracy—as the Russian vessel fired ‘near’ and not ‘at’ the British ship—and appeared to present the scuffle as an unrelated gunnery exercise conducted by Russia.12 This would be a tongue-in-cheek way of dismissing the shots as coincidental, therefore watering down Russia’s confrontational narrative.

The presence of a BBC crew aboard Defender further enabled London to deny any excessive Russian declarations. Moscow later published a video13 filmed aboard one of its Coast Guard vessels, showing the moment it fired the alleged warning shots. However, evidence of the shooting had already been broadcasted by the BBC, so the Russian footage achieved little beyond showcasing the significant distance between the two ships, thereby bolstering the British narrative that the incident was over-exaggerated by Russia.

Released Russian video of HMS Defender interaction with Russian Coast Guard.

Strategic Context

The waters around Crimea are a niche aspect of the Ukrainian conflict to challenge. In the maritime domain, the most pressing issue remains the blocking of the Kerch Strait since 2018, for which no FONOP is realistically achievable.14 The British intent behind the FONOP is better unraveled through the strategic implications of the ‘special relationship’ between London and Washington than by any development in the Ukrainian conflict. By carrying out this FONOP in the Black Sea and dispatching the first planned Royal Navy carrier strike group in the Indo-Pacific since 1997,15 16 London is marking its return to the geopolitical scene, at home in Europe and abroad in the Indo-Pacific.

For the United States, having a partner willing to commit politically and operationally to a like-minded view of the global rules-based order is valuable, as U.S. Secretary of Defense Lloyd Austin alluded to in his comments17 during the 2021 IISS’ Fullerton Lecture in Singapore. U.S. resources are increasingly scarce and being able to rely on a pro-active ally in Europe will prove helpful as the Pentagon shifts much of its focus from Europe to Asia. Finally, far from a unilateral move by Britain pursued in the wake of Brexit, this FONOP was supported by European partners, both in actions and words: in addition to the endorsement of the Netherlands via Evertsen, Germany was quick to officially denounce the Russian claims as a breach of international law after the incident.

Conclusion 

Despite its limited immediate impact, the significance of this FONOP cannot be overstated. Since the end of the Cold War, very few European nations have taken initiatives to upend their strategic interests in the face of powerful adversaries and have instead been relying on the American security umbrella. A multitude of factors are at play to influence this return to geopolitics in Europe, from the specter of Trump’s alienating policies towards America’s allies and partners, to the advent of a multipolar world. Yet this FONOP and renewed European interest in the Indo-Pacific shows that even a strategically independent Europe will remain a natural partner to America for military cooperation and burden-sharing, not just due to shared economic interests, but also common values.

Louis Martin-Vézian is a French student of Economics and Politics at the University of London in Singapore. He has been producing maps and infographics for the past 6 years on his blog, CIGeography, with a focus on defense and security.

References

[1] Okhotnik-class patrol ships have a stated maximum speed of 27 knots, so it is possible they were outran by the 30+ knots of the British destroyer.

[2] https://structure.mil.ru/files/morf/military/files/ENGV_2118.pdf

[3] https://www.mpil.de/files/pdf4/Marxsen_2014_-_The_crimea_crisis_-_an_international_law_perspective.pdf

[4] https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/68/262

[5] https://gpil.jura.uni-bonn.de/2021/05/germany-mistakenly-considers-russias-restrictions-on-navigation-of-warships-in-the-black-sea-to- be-very-problematic-and-in-part-contrary-to-international-law/

[6] https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=2910&context=ils

[7] http://opiniojuris.org/2014/03/20/guest-post-russia-crimea-treaty/

[8] http://duma.gov.ru/en/news/30069/

[9] The treaty is subject to its own controversies, as under international law, treaties must be signed between a minimum of two states; and the Republic of Crimea was never recognized as a state during its brief, forty-eight hours existence. See: https://digital–commons.usnwc.edu/cgi/view-content.cgi?referer=&httpredir=1&article=1377&context=ils

[10] https://twitter.com/StefanTalmon/status/1409460114592047106

[11] https://tass.com/defense/1306375

[12] https://twitter.com/DefenceHQPress/status/1407672058524413957

[13] https://www.youtube.com/watch?v=nAVRcyndS_g

[14] Even ignoring legal hurdles, a FONOP in the Kerch Strait would be challenging, as a simple scuttling under the Kerch bridge could trap a foreign vessel in the Sea of Azov.

[15] HMS Illustrious during the ‘Ocean Wave 97’ cruise visited Tokyo and Hong Kong. See: https://api.parliament.uk/historic-hansard/written-answers/1997/feb/24/ocean-wave-97

[16] In 2013, the HMS Illustrious was also dispatched to the Philippines to carry out humanitarian assistance and disaster relief operations in the wake of Typhoon Haiyan; but this deployment was a diversion from its intended course in the Persian Gulf. See: https://www.gov.uk/government/news/royal-navy-carrier-returns-home-from-philippines

[17] https://twitter.com/jamescrabtree/status/1420164776777240581

Featured image: October 4, 2020 – HMS Defender sailing with the newly assembled, United Kingdom-led Carrier Strike Group 21. (Credit: Royal Navy Photo by LPhot Alker)