Africa

Who are the Niger Delta Avengers?

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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.

Chevron-1
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.

Capability Analysis

U.S. Coast Guard at Sea: Aging Today With Visions Of Tomorrow

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By Michael A. Milburn

As the U.S. Coast Guard Law Enforcement Boarding Team prepares to board a commercial tanker suspected of trafficking narcotics, the Combat Information Center operator monitors the situation intently. Sitting just behind the operator is the Commanding Officer, who is watching the full tactical situation as it develops and waiting for the opportune time to direct a Right of Visit boarding to determine the vessel’s nationality. Three thousand miles away, the Coast Guard Eleventh District Commander anxiously watches the live video feed to determine in real-time if his team pinpointed the correct vessel of interest. The Boarding Officer signals to his team that embarkation is approved. Immediately, six Coastguardsmen enter the ship and sweep the inside hull and topside. For the first time in history, a boarding team is relaying what they see, without saying a word. Two members discover an undocumented shipping container on the manifest and head in the direction marked. One team member discovers packages wrapped in similar fashion of known traffickers. All eyes watching the video cheer in triumph.

Keeping Current with Technology and the Community

The proliferation of advanced technology in the last decade, coupled with a renaissance  in electronic sensors, has amplified the situational awareness and effectiveness of command ships, command posts and combatant commanders tenfold. Despite these sophisticated tools, however, decision makers continue to wait in silence for minutes that feel like decades, all in hopes of receiving confirmation that the target is indeed of interest, carrying illicit narcotics, or smuggling illegal immigrants. What if they were able to see in real-time, though? What if the operation could unfold right before their very eyes? Hollywood exemplifies this notion in every secret agent movie and clandestine operation film. From society’s perspective, we have come to believe that this is the standard for all military operations. Although this may be a reality for some specialized subdivisions, it is not entirely true for the vast majority of operational units.  The filming of Osama Bin Laden’s death demonstrated to the world that U.S. Special Forces have the ability to relay live video feeds during their operations back to command posts, providing Situational Awareness (SA) for optimal information gathering and sharing for analysis, as well as real-time decision making to the commander[i]. More importantly, it provides the commander additional sets of eyes (staff) to help inform his or her decision. While the team is trained to enter, sweep, and detain the threat, a set of analysts can provide insight back to the team in real time. Notably, this is where the blended concept of communications and video feeds come into play. A concept that is nothing new for the Department of Defense (DoD)[ii], but an innovative concept to integrate into high-risk law enforcement evolutions for the U.S. Coast Guard. Relevantly, the Posse Comitatus Act [iii] and military policy strictly prohibit DoD personnel from directly engaging in law enforcement activities. In turn, the Coast Guard was designated the lead agency for the interdiction and apprehension of illegal drug traffickers on the high seas.

A Coast Guard Cutter Stratton boarding team investigates a self-propelled semi-submersible interdicted in international waters off the coast of Central America, July 19, 2015. The Stratton’s crew recovered more than 6 tons of cocaine from the 40-foot vessel. (Coast Guard photo courtesy of Petty Officer 2nd Class LaNola Stone)
A Coast Guard Cutter Stratton boarding team investigates a self-propelled semi-submersible interdicted in international waters off the coast of Central America, July 19, 2015. The Stratton’s crew recovered more than 6 tons of cocaine from the 40-foot vessel. (Coast Guard photo courtesy of Petty Officer 2nd Class LaNola Stone)

On an average day, the U.S. Coast Guard screens about 360 merchant vessels for potential security threats prior to arrival in U.S. ports, seizes 874 pounds of cocaine and 214 pounds of marijuana, interdicts 17 illegal migrants, conducts 24 security boardings in and around U.S. ports, executes 14 fisheries conservation boardings, and lastly, completes 26 safety examinations on foreign vessels[iv]. For as long as the Coast Guard has been conducting law enforcement missions, it has relied upon two primary principles : Communication and Accountability. In terms of communication, boarding teams are able to portray on-scene conditions to the operational commander via words. The commander must then visualize the mission by painting a portrait of it in his or her head. Secondly, accountability provides a detailed account of what happened and normally documented in the form of After Action Reports or Situation Reports. There are two significant and inherent risks present in every boarding situation – people and vessels. In any given situation, there are myriad factors the boarding team must take into account; however, what if the team missed a critical element because it simply was focused on the threat and not familiar with the associated information? Filling that gap, the law enforcement exploitation team onboard the unit, also known as the “snoopie team,” documents as much vital information as possible as it receives photography and video from the boarding team on-scene. In turn, this enables the boarding team to collectively build a complete case file on the apprehended suspects, which is critical during the prosecution phase.

Moving Ahead Without Borders

Imagine if snoopie teams could watch live video feed and relay information back to the intelligence community for real-time assessment. This would allow boarding teams to shift their focus from being an information relay to actually executing the boarding. In addition to saving time and energy, the intelligence community could now assist with building the case package from a remote location, which inarguably would result in better overall case packages. Prosecution and approval for boardings or seizures becomes nearly instantaneous as well, without any latency stemming from sluggish relays through the various layers of the law enforcement hierarchy. Case packages have fewer chances of missing critical information, and from a legal standpoint, cases have fewer chances of being dismissed in court due to evidence. Further, case packages are now synced between the district, joint commander, and the unit itself.   A Commanding Officer’s worst fear is a member of his or her team being ambushed or injured. While this situation is rare, there is  potential it could occur, which normally causes a change in tactics, procedures, or policy. Live video feeds have proven themselves useful and convenient for the military, and it is time for the Coast Guard to embrace it. They say a picture is worth a thousand words – if that is the case, what then is a video worth?

Members of a visit, board, search and seizure team assigned to USS Gettysburg (CG 64) and U.S. Coast Guard Tactical Law Enforcement Team South Detachment 409 detain suspected pirates after responding to a merchant vessel distress signal while operating in the Combined Maritime Forces area of responsibility in the Gulf of Aden May 13, 2009. The service members are conducting the operation in support of Combined Task Force 151, a multinational task force established to counter piracy operations and to actively deter, disrupt and suppress piracy in order to protect global maritime security and secure freedom of navigation for all nations. (DoD photo by Mass Communication Specialist 1st Class Eric L. Beauregard, U.S. Navy/Released)
Members of a visit, board, search and seizure team assigned to USS Gettysburg (CG 64) and U.S. Coast Guard Tactical Law Enforcement Team South Detachment 409 detain suspected pirates after responding to a merchant vessel distress signal while operating in the Combined Maritime Forces area of responsibility in the Gulf of Aden May 13, 2009. (DoD photo by Mass Communication Specialist 1st Class Eric L. Beauregard, U.S. Navy/Released)

As the Coast Guard continues to follow the ever-evolving “cat and mouse game” between the U.S Government and transnational narcotics traffickers, they will have an endless need to position themselves ahead of the curve. While the Coast Guard remains intently focused on the war on drugs and its essential “Western Hemisphere Strategy,” there are needs not outlined in the strategy that would follow them world-wide[v]. Such a system could pave the way for adaptation of live-video feeds onto current airborne platforms and future UAV and cutter programs, presenting a worldwide capability where any District or Area Commander has the  full view and a complete operational picture when desired.

One of the many benefits of live video feed is improved training.  All professional sports teams “watch the tape” to better prepare for the next game. Similarly, boarding videos would provide the boarding team and trainees the ability to evaluate and critique their own performance in order to improve future evolutions. The days of “standard boardings” or training would be a thing of the past. Boarding teams on the frontline would now have the upper-hand and the opportunity to train and develop new techniques and tactics to better counter transnational narcotics trafficking and potential terrorist attacks. MSST and MSRT units training can relay the scenario back “live” to a control room where both trainers and decision makers can play through any scenario. Imagine taking a video feed from a high risk boarding today and streaming it to every boarding team tomorrow – the training benefit would be immeasurable.

A New World of Opportunity Awaits

Not only are members streamlining the safety and security process, but they are devising new reasons to challenge existing policy and improve it with lessons learned observed firsthand.  The motto, “Time Is of the Essence,” comes to mind time and again. Current tactics have teams using GoPros for boardings, which creates a review delay back onboard and throughout the chain of command. In this case, latency is a major concern. Imagine your team is granted five minutes to conduct a quick search.

SAN PEDRO, Calif. Ð A Border Enforcement Security Task Force boarding team conducts a boarding on a tanker vessel April 29 off the coast of Long Beach, Calif. The Los Angeles BEST is the nationÕs first seaport task force of its kind, bringing together multiple agencies including the U.S. Coast Guard, U.S. Immigration and Customs Enforcement, California Border Patrol, Los Angeles County SheriffÕs Department, and Los Angeles and Long Beach Port Police. The BEST was created to enforce maritime laws and combat smuggling in the ports. (U.S. Coast Guard photo/Petty Officer 3rd Class Cory J. Mendenhall)
SAN PEDRO, Calif.) A Border Enforcement Security Task Force boarding team conducts a boarding on a tanker vessel April 29 off the coast of Long Beach, Calif.  (U.S. Coast Guard photo/Petty Officer 3rd Class Cory J. Mendenhall)

Admittedly, this may sound like fiction from a Hollywood movie, but it could be reality as early as tomorrow. Challenges will always present themselves (i.e., system integration, funding, legalities etc.), however, when the idea of live tactical video was presented to actual boarding team members, they were enthused and optimistic. Their reasons for wanting live tactical video were for enhanced situational awareness, improved focus on the actual boarding itself, and an improved flow of information up the chain of command.  As mentioned, there are always limitations and risks vs. gains ranging from use in operations and policy, up to the program level. Fortunately, proven systems exist today i.e. the Harris “Tactical Video System,”[vi] and require minimal testing and integration from the Coast Guard. These systems are the stepping stones needed for a 21st century Coast Guard operating in a multifaceted environment.  As the Coast Guard confronts counterintelligence and aggressive, evolving enemies, it must be optimally prepared to respond to any situation. By implementing an enhanced reconnaissance tool, the Coast Guard will be better suited to perform its missions and better protect the citizens of the United States.

Petty Officer Michael A. Milburn is a career cuttermen, with nearly 7 years of  experience aboard four different cutters, including commissioning two National Security Cutters. Petty Officer Milburn’s awards include the CG Achievement Medal, CG Commandant Letter of Commendation, two Coast Guard Unit Commendations, three Coast Guard Meritorious Unit Commendations and three Coast Guard Meritorious Team Commendations. He is currently enrolled in American Military University to pursue his Bachelor of Arts in Cyber Security.

[i] http://www.cnn.com/2011/TECH/web/05/02/bin.laden.video/

http://techland.time.com/2011/05/04/how-did-seal-team-6-feed-live-video-of-the-raid-to-obama/

[ii] http://www.streamingmedia.com/Articles/Editorial/Featured-Articles/Video-in-the-War-Zone-The-Current-State-of-Military-Streaming-101310.aspx

[iii] https://en.wikipedia.org/wiki/Posse_Comitatus_Act#Exclusion_applicable_to_U.S._Coast_Guard

[iv] https://www.uscg.mil/budget/average_day.asp

[v] http://www.uscg.mil/seniorleadership/docs/uscg_whem_2014.pdf

[vi] http://rf.harris.com/media/CSVehicle108B_tcm26-18150.pdf

Asia-Pacific, Global Analysis, Territorial and Law of the Sea Disputes

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

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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.

Members' Roundup

Members’ Roundup: May 2016 Part Two

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By Sam Cohen

Welcome to part two of the May 2016 members’ roundup. Over the past two weeks CIMSEC members have examined several international maritime security issues, including the future role of the Littoral Combat Ship in the U.S. Navy, the continued development of the U.S. military’s Long Range Anti-Ship Missile, the possibility of reducing tensions in the Western Pacific with an international Standing Naval Group, and the development of an undersea second strike capability for India’s nuclear forces. Read Part One here.

Beginning the roundup with a discussion on the Littoral Combat Ship (LCS), Jerry Hendrix for Defense One argues that the U.S. Navy must adapt a procurement strategy that will emphasize a larger fleet and focus on providing the capacity to maintain a sustainable forward presence in multiple contentious maritime environments. Considering current budgetary constraints and the high costs associated with advanced capability ships, such as a $15 billion dollar aircraft carrier or a $2 billion dollar destroyer, acquiring enhanced LCS’s can provide the Navy with a relatively low-cost yet capable platform suitable for growing the size of the fleet. Mr. Hendrix suggests that to achieve an appropriate fleet size of 350 ships (currently 272) and to continue to promote global maritime stability the LCS should be recognized as a priority for the Navy to deploy in significant numbers.

Dave Majumdar, at The National Interest, provides an overview of the Ohio-class Replacement Program (ORP). Mr. Majumdar notes that Electric Boat will be responsible for about 80 percent of the submarines design and production while Huntington Ingalls Newport News will take on the other 20 percent of design and production work. To reduce costs and inefficiencies affiliated with previous ballistic missile submarine construction, the ships’ designers have applied several technologies and systems used in the Virginia-class ­submarines for the ORP. Mr. Majumdar explains that these cost reductions, in addition to the common missile compartment (CMC), will allow for the ORP to be constructed with minimal delays, which should also limit typical cost overruns associated with nuclear submarine production.

Sam LaGrone, at U.S. Naval Institute News, highlights the continued development of Lockheed Martin’s Long Range Anti-Ship Missile (LRASM) and the current $321 million dollar contract from Naval Air Systems Command (NAVAIR) Lockheed is operating under to complete the missile’s critical design review (CDR). After completion of the CDR, testing for use of the air-launch variant of the missile by the Boeing B-1B Lancer supersonic bomber and Boeing’s F/A-18E/F Super Hornet fighter will begin. Mr. LaGrone explains that the LRASM program is part of the Pentagon’s process of substantially improving the military’s decades-old gap in anti-surface weapons.

Entering the Asia-Pacific, Lauren Dickey and Natalie Sambhi at Foreign Entanglements discuss cross-strait developments in the context of Taiwan’s new President while also unpacking China’s security policy beyond the South China Sea. The discussion highlighted the attributes of the current Taiwanese President Tsai Ing-wen and how her recent public rejection and criticism of mainland China’s one-child policy reflects the pragmatic and pro-independence perspective that she will likely articulate throughout her time in office. Ms. Dickey and Ms. Sambhi also raised the possibility of increased counterterrorism operations in China to meet heightened domestic security concerns in addition to examining China’s role in driving U.S.-Australian relations.

Steven Wills and his colleague Ronald Harris, at U.S. Naval Institute News, discuss the need for an international solution focused on reducing tensions in the Western Pacific. Mr. Wills and Mr. Harris suggest that establishing a Standing Indo-Pacific Maritime Group (SIPMG) for the purposes of humanitarian assistance/disaster relief (HADR), counter-piracy patrols, and general assistance to mariners in distress in international waters can provide a medium through which countries with competing territorial claims in the region can still cooperate and maintain channels of communication. The article explains that the SIPMG would primarily consist of limited capability ships focused on low-threat security operations while the Group’s command structure could be based off of the proven national rotation system used by the Standing North Atlantic Treaty Organization’s (NATO) Maritime Groups.

To conclude the roundup, Harry Kazianis for The Asia Times examines the DF-21D ASBM threat and whether the publicity surrounding the missile in defense circles is warranted. The article references the US-China Economic Security Review Commission Report to highlight the unproven capabilities of the missile, particularly in successfully hitting a moving ship from hundreds or thousands of miles away while the ship is implementing a wide-range of defense and countermeasures against the missile and its targeting systems. The article provides an interesting comparison between the Soviet Union’s development of a submarine-launched ASBM in the 1970’s and China’s current attempt to develop the same long-range ASBM capability. Mr. Kazianis notes that the Soviet Union cancelled the development of the missile due to terminal targeting difficulties, which is an end result that may soon reflect China’s ASBM program. Mr. Kazianis suggests that all contingencies should be prepared for considering Beijing’s access to an advanced satellite and ballistic missile technology base that the USSR lacked over 40 years ago.

CIMSEC Members were active elsewhere in May:

At CIMSEC we encourage members to continue writing, either here on CIMSEC or through other means. You can assist us by emailing your works to [email protected].

Sam Cohen is currently studying Honors Specialization Political Science at Western University in Canada. His interests are in the fields of strategic studies, international law and defense policy.

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