China’s Military Modernization: The Legacy of Admiral Wu Shengli

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This article originally featured on the Jamestown Foundation’s China Watch. You can view it in its original format here.

By Jeffrey Becker

Earlier this month, Caixin reported on another round of Chinese military promotions, highlighting the youth and operational experience of the People’s Liberation Army’s (PLA) newly minted generals (Caixin, August 12). Moreover, in roughly two years, the Chinese Communist Party (CCP) will hold its 19th Party Congress, a critical time to enact important military and civilian leadership changes. One change that is all but certain to occur as the PLA continues to promote a new generation of leaders is the appointment of a new PLA Navy (PLAN) commander. While rumors swirled in the Hong Kong press before the 18th Party Congress in 2012 that long-tenured PLAN Commander Admiral Wu Shengli might retire or be appointed Defense Minister, neither of those scenarios occurred (China Leadership Monitor [CLM], January 14, 2013). Instead, Admiral Wu remained PLAN Commander, becoming the oldest member of the Central Military Commission and one of the longest tenured commanders in China’s naval history. [1]

With no more than two years left before his likely retirement, it seems appropriate to begin looking back on the career of one of the PLAN’s most influential and successful commanders. This article attempts to begin that process. The challenges Wu faced and overcame in his early career provide insights into his leadership as PLAN commander. Additionally, Wu’s career has spanned the largest and fastest buildup in the PLAN’s history. Examining the Chinese Navy’s greatest accomplishments under his tenure may therefore help point toward future directions the PLAN could take under the possible candidates to succeed him in the post-Wu era.

A Product of China’s Revolutions

Admiral Wu’s early life and military career reflects some of the most tumultuous periods in modern Chinese history–the war of resistance against the Japanese, the Chinese civil war and establishment of the People’s Republic, and the Great Proletarian Cultural Revolution. Born in August 1945, Wu was raised in Zhejiang Province as a well-known “princeling” (太子)–the son of the famous Wu Xian, a Red Army political commissar during the Anti-Japanese war and the Chinese Civil War. Indeed, Wu is purported to have been given the name shengli (“victory” 胜利) in commemoration of the victory over Japan (Office of Naval Intelligence, 2015). After the wars, the elder Wu held important political positions, to include mayor of Hangzhou and vice governor of Zhejiang. Although Wu was raised by his father in Zhejiang, his family’s ancestral home is in Wuqiao County, Hebei Province, about 200 miles south of Beijing. [2]

Wu joined the PLA in August 1964, and began studying at the PLA Surveying and Mapping College in Xi’an, earning a degree in oceanography in 1968 (Guoqing, February 1, 2012). His timing was fortuitous, as his affiliation with the PLA likely helped shield him as the Cultural Revolution decimated Chinese social, government and Party institutions in what amounted to a low-intensity civil war. Over 12 million of Wu’s generation, including current senior PLAN officers, were forced to work on rural communes as part of China’s “sent down youth” movement. [3] As a member of one of the only institutions left standing, however, Wu was saved from this fate by joining the PLA. However, given what we know about the Cultural Revolution’s impact on the nation’s academic institutions, the quality of training he received in Xi’an was highly questionable, and Wu would not receive formal training again until 1972, when he attended the captain’s course at the Dalian Naval Vessel Academy. [4]

After Xi’an, Wu’s early career was spent gaining experience as a surface warfare officer in the East and South Sea Fleets in the 1970s and 1980s, serving as both commander of the East Sea Fleet’s (ESF) 6th Destroyer Flotilla and as deputy chief of staff for the Shanghai Naval Base. The fact that future President Jiang Zemin was serving as Shanghai Party secretary at this time has led some PLA-watchers to speculate that Wu may have cultivated ties with Jiang. [5]

Yet Wu and his colleagues lacked combat experience. The closest that Wu is known to have come to combat was as the commander of the ESF’s 6th Destroyer Flotilla, when he had authority over the FrigateYingtan (CNS 531), one of the vessels which took part in the 1988 Johnson South Reef skirmish with Vietnam. [6]

In 1992, Wu became chief of staff of the ESF’s Fujian Support Base. This was soon followed by an appointment as commandant of the Dalian Naval Vessel Academy, a highly influential post, which allowed him to affect the direction of training for future PLAN officers. Wu returned to the ESF as a deputy commander in 1998. He was appointed South Sea Fleet (SSF) commander in 2002, and promoted to vice admiral in 2003. In 2004, he became one of the few naval officers to serve as a deputy chief of the PLA General Staff, a position equivalent to a commander of one of China’s seven Military Regions and the second-highest-ranking operational officer in the PLA Navy (Center for China Studies [Taiwan], June 5).

Shepherding the PLAN’s Transition

Wu’s background, family connections and professional experiences made him a strong candidate for top leadership roles. Thus, when cancer forced Admiral Zhang Dingfa into retirement in 2006, Wu was promoted to PLAN Commander just as the navy was on the cusp of an organizational transformation. In 2004, Hu Jintao gave his landmark address on the PLA’s “New Historic Missions,” which declared that China’s interests abroad were expanding, and that the PLA had an important role to play in defending those interests (Xinhua, June 19, 2006).

This new direction provided the PLAN with a substantially increased role in the implementation of China’s national security and military engagement policy. For Admiral Wu and his contemporaries, this challenge was exacerbated by years of isolation from the international naval community, which, along with the domestic effects of the Cultural Revolution, led to a dramatic erosion of professional and technical skills, as well as a severe decline in human capital and basic quality of life within China’s navy. [7] Indeed, Admiral Wu seems to have personally taken an interest in improving the quality of life of China’s sailors. Wu’s writings include details about the difficult and backwards conditions onboard PLAN ships earlier in his career, noting how PLAN sailors routinely “would go into port but not go ashore, eat while squatting on deck, hold meetings on folding stools and sleep on metal siding.” [8]

This makes Admiral Wu’s success in overseeing the PLAN’s transformation all the more compelling. While he and members of his cohort were responsible for overseeing a rapidly transforming navy, complete with formally trained officer candidates, they themselves had only limited formal training. Though tasked with preparing the PLAN to conduct blue water operations, the navy Wu Shengli had joined was still overwhelmingly a coastal defense force. Despite these challenges, within a few years of assuming command, the PLAN would be conducting anti-piracy escort operations in the Gulf of Aden, evacuating Chinese citizens far from China’s borders, (first in Libya in 2011 and later in Yeman in 2015), and participating in progressively more complex multinational maritime exercises, including the U.S.-led Rim of the Pacific exercise in 2014 (RIMPAC-14) (China Brief, April 3; China Brief, May 1; Also see “Six Years at Sea… And Counting”).

Viewed in this context, what Wu and his contemporaries have accomplished in transforming the PLAN has been even more remarkable. The PLAN Commander and his staff must have truly been followed Deng Xiaoping’s aphorism to “cross the river by feeling the stones,” in part learning as they went about modernizing the PLAN and partly relying on younger, more technically trained PLAN officers–individuals who constitute the next generation of PLAN leadership. The history of China’s naval transformation in the 2000s has yet to be written, but understanding how Admiral Wu and his advisors managed this will be fascinating reading when the details come to light.

Improving USN-PLAN Relations

Navies often play the lead role in a country’s foreign military relations, and after having spent almost a decade developing the personnel relationships and diplomatic acumen that facilitates international engagement, Admiral Wu has in many ways become the face of the PLA abroad. Nowhere is this influence more apparent than in the PLAN’s growing engagement with the United States Navy (USN). Throughout this time, Admiral Wu has been a constant presence, meeting with each of the past three U.S. Navy Chief of Naval Operations (CNO). In 2014 alone, CNO Greenert met with Wu on four separate occasions, the most of any foreign navy leader (USN, September 8, 2014).

Like any PLA officer with whom the U.S. Navy interacts, Admiral Wu’s talking points have been carefully selected and vetted by the Party. His statements in official settings reflect what the Party views as primary objectives for the military-to-military exchange. However, Wu’s long years of experience appears to have helped create a degree of stability in the U.S.-China navy-to-navy relationship not seen in the past. The two navies have worked together in multiple settings, including in the Gulf of Aden and in Hawaii at RIMPAC-14. They have conducted reciprocal port visits in Zhanjiang, San Diego and Hawaii, established the Code of Conduct for Unplanned Encounters at Sea (CUES) through cooperation in the Western Pacific Navy Symposium (WPNS) and continue to move forward on additional confidence building measures (Xinhuanet, April 23, 2014; Xinhuanet, December 14, 2014).

At the same time that the PLAN appears to have pushed its relationship with the U.S. Navy to new heights, the PLAN continues to play a vital role asserting China’s interests closer to home. For Admiral Wu, this ability to do both simultaneously reflects an adept and skillful use of maritime diplomacy. As China continues this assertive behavior however, this skillful balancing act may become increasingly difficult to maintain. Moreover, as Wu Shengli moves closer to retirement, his experience in helping manage this tension will surely be missed.

The Chinese Navy in the Post-Wu Era

While PLA decision making has become more transparent, opaque factors, including personal connections, family relationships and ever present corruption, make predicting who Wu’s successor will be impossible. That however, has never stopped China analysts from putting forth possible candidates for future promotion. With that in mind, the following three officers have been discussed at length as possible candidates to replace Admiral Wu:

Admiral Sun Jianguo: As the PLA’s deputy chief of staff in charge of intelligence, Admiral Sun is the second highest-ranking operational officer in the PLA, a position that Admiral Wu once held before becoming PLAN Commander. [9] Unlike Wu, Admiral Sun’s experience has largely been as a submariner, and he has captained both conventional and nuclear submarines, including those involved in espionage missions in the Taiwan Strait. [10] However, as a contemporary of Wu’s (Sun was born in 1952 and joined the PLA in 1968), he would be 65 by the 19th Party Congress, and thus would likely serve only an abbreviated tenure as PLAN commander.

Vice-Admiral Tian Zhong: A less likely but interesting alternative choice is Tian Zhong, who earlier this year was transferred from his former position as North Sea Fleet commander to deputy PLAN Commander, a position that provides him a seat on the PLAN Party Standing Committee. Relatively young at 59, Tian’s has moved through the ranks at a rapid pace. In 2007, he was promoted to NSF Commander after serving only a year as NSF chief of staff (Center for China Studies, August 3). Perhaps more tellingly, Tian was the youngest and lowest-ranking PLAN officer to serve on the CCP Party Central Committee. While still a fleet commander, Tian served on this elite organization alongside PLAN Commander Wu Shengli, PLAN Political Commissar Liu Xiaojiang and Admiral Sun Jianguo (Xinhua, November 14, 2012).

Vice-Admiral Jiang Weilie: Like Tian Zhong, former SSF commander, Jiang Weilie also became a PLAN commander in 2015. Jiang appears to be something of a technocrat, having served in the PLAN Equipment Department in 2010. [11] This is a highly unusual career move–few operational officers spend time in technical departments, a separate career track. [12] While in this department, Jiang was tasked with overhauling the PLAN’s equipment acquisition systems, after which he was rewarded with a fleet command. As the PLAN seeks to replace Wu’s international engagement experience, it should be noted that Jiang has also had multiple engagements with his U.S. Navy counterparts, most recently traveling to Hawaii in 2014 to serve as China’s VIP during its first-ever participation in RIMPAC-14 (Phoenix Online, July 22, 2014).

Conclusion

Whoever is selected as Admiral Wu’s replacement will be taking charge of a dramatically different force than the one Wu Shengli took command of in 2006. Thanks in part to his leadership, China’s navy today is far more capable, active and engaged with the rest of the world. It is staffed by more professional and formally trained personnel than at any time in China’s recent history, and enjoys a stable and robust working relationship with the USN and other international navies in large part due to his years of experience in maritime diplomacy and careful cultivation of relationships.

Notes

1. Although former PLAN Commander Xiao Jingguan nominally served as PLAN Commander for almost 30 years from 1950 to 1979, he was effectively sidelined during much of this time as a result of factual political infighting during the Cultural Revolution.

2. Jeffrey Becker et al., Behind the Periscope: Leadership in China’s Navy (Alexandria, VA: The CNA Corporation, 2013), p. 136

3. This includes for example current North Sea Fleet Commander Admiral Yuan Yubai. Before joining the PLAN in 1976, Admiral Yuan spent two years as a full-time member of his “Basic Line Education Work Team,” in Gongan County, Hubei Province. “Work Teams” were ad-hoc organizations invested with local authority during the Cultural Revolution. Jeffrey Becker et al., Behind the Periscope: Leadership in China’s Navy, p.183.

4. Cheng Li, “Wu Shengli – China’s Top Future Leaders to Watch,” Brookings, accessed March 18, 2015.

5. Ibid.

6. Yang Zhongmei, China’s Coming War: The Rise of China’s New Militarism (中國即將開戰: 中國新軍國主義崛起) (Taipei: Time Culture Press, 2013), p. 210–211

7. Admiral Liu Huaqing’s biography provides some exceptionally painful examples of just how far the PLAN had fallen immediately following the Cultural Revolution. See Liu Huaqing, Memoirs of Liu Huaqing, (刘华请回忆录), (Beijing: PLA Press, 2004), pp. 417-432.

8. Wu Shengli, “Beginning to Bid Farewell to Sleeping and Eating Aboard the Ship in Port: The Lifestyle Revolution for Chinese Sailors,” PLA Life (Jiefangjun Shenghuo; 解放军生活), no. 9 (2010).

9. Jeffrey Becker et al., Behind the Periscope: Leadership in China’s Navy, p. 173.

10. Shih Min, “Hu Jintao Actively Props up ’Princeling Army,” Chien Shao, April 1, 2006, no. 182.

11. Ma Haoliang, “High-Ranking Officer Adjustments in the Navy with a Focus on Having a Technologically Strong Military (海軍將領調整 凸顯科技強軍),” Ta Kung Pao, February 9, 2011

12. Kenneth Allen and Morgan Clemens, The Recruitment, Education, and Training of PLA Navy Personnel(China Maritime Studies Institute, 2014).

‘Indo-Asia Pacific’ Explained: An Assessment of US Maritime Strategy 2015

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In March 2015, the United States published a new maritime strategy document titled ‘A Cooperative Strategy for 21st Century Seapower’ (Strategy-2015). It supersedes the one of the same title published eight years ago in October 2007 (Strategy-2007). It is the first maritime strategy to be released after the US announced its ‘Rebalance to Asia’ in 2011, and comes amidst seminal developments with far-reaching geopolitical and security ramifications. This view-point attempts to analyze Strategy-2015, including in comparison to Strategy-2007.

Jointness and Political Interface

Strategy-07 was the first-ever combined strategy of the three US Sea Services (Navy, Marine Corps and Coast Guard). Strategy-2015 maintains this feature, with is appropriate since the maritime environment is essentially ‘joint’’, and therefore, any strategy relating to the maritime realm cannot be a single-service articulation. Besides, due to fiscal uncertainties the US is facing today, an inter-service synergy is necessary to avoid duplication of resources and optimise investments for capability development.

Notably, unlike the 2007 document, the new strategy contains a ‘Preface’ by the Secretary of the Navy, which indicates an enhanced political interface with the Sea Services, possibly in terms of both oversight and support of the higher national leadership.

Indo-Asia-Pacific

The new strategy contains an explicit focus on the region that it calls the “Indo-Asia-Pacific.” While US officials have been increasingly using this phrase, the 2015 Strategy document is the first official articulation. The inference is two-fold:

• First, it denotes the realisation of the ‘inadequacy’ of ‘Asia-Pacific’ to address the emerging geopolitical, economic and security dynamics of the rising Asia.

• Second, while the phrase ‘Indo-Pacific’ has become more prevalent in Asia since 2007, the US preference to use “Indo-Asia-Pacific” indicates that it wishes to be part of Asia’s ‘rise’ and derive the attendant gains.

Ends, Ways and Means

The term ‘strategy’ is defined as an articulation of ‘ways’ and ‘means’ to achieve the ‘ends’. In this context, Strategy-07 was merely a ‘primer’ to strategy. It referred to ‘ends’ in very broad terms, without going into specifics of security challenges. It avoided naming countries, either as adversaries, or allies and partners. While it mentioned maritime threats like piracy, it did not contextualize these with specific areas. It was also frugal in expounding on the ‘ways’ and ‘means.’

In comparison, Strategy-15 is a detailed articulation. It echoes the spirit of the US ‘Rebalance’ policy in terms of China’s naval ascendency as both an opportunity and a challenge. It seeks to temper Beijing’s revisionist stance and dissuade its politico-military assertiveness through multifaceted engagement. It is also more forthright in defining the “military challenges”, such as the “Russian military modernization (and) aggression” and the (Chinese) “anti-access/area denial (A2/AD) capabilities that challenge our global maritime access….” Furthermore, it is more explicit on the ‘geography’ of piracy, the effects of religious radicalism and the fundamentalist groups. In terms of the ‘ways’ and ‘means’ too, Strategy-2015 reveals as much as a document in the public domain possibly can. It provides much detail on the US plans to allocate forces for the ‘Rebalance.’

Strategic and Operational Access

Since the middle of 20th century when the US rose to superpower status with the ability to influence events worldwide, unimpeded strategic access to the global commons and freedom of operational manoeuvre have been the cornerstones of its military strategy.

While Strategy-2007 did acknowledge the operational salience of dominating the realms of space, cyber and the electromagnetic (EM) spectrum – as integral to sea control, for instance – it conceived strategic access largely in the geospatial context: sea, land and air. Strategy-2015 goes beyond this to seek access and freedom of action in any domain—the sea, air, land, space, and cyberspace, as well as in the EM spectrum. In all likelihood, this is a declaration meant to counter China’s declaratory policy of A2/AD in the western Pacific, including the asymmetric challenges in the space, cyber and EM domains that Chinese military forces may impose upon their US counterparts.

Forward Presence and Partnership

Strategy-2007 had laid much emphasis on forward presence of the US Sea Services as essential for a major power like the US that seeks inter alia to shape developments in its areas of interest, be better prepared to respond to adverse contingencies, deter and dissuade potential adversaries, reassure allies and friends.

While maintaining the emphasis on forward presence, Strategy-2015 also explains how the US intends to achieve this more effectively, both operationally and fiscally. It adds that the forward naval presence would enable a quick and seamless access to the US joint military forces, if and when the occasion demands.

Given that resource limitations envisaged by the US Sea Services, ‘forward naval presence’ is closely enmeshed with the need to develop partnerships with local maritime forces. The Thousand Ship Navy (TSN) concept propounded by the US Navy’s Chief of Naval Operations (CNO) Admiral Mike Mullen in 2005 was rephrased as the ‘Global Maritime Partnership’ (GMP) initiative in Strategy-2007. As a set of informal arrangements, the GMP was also intended to “send powerful messages to would-be aggressors that we will act with others to ensure collective security….”

Strategy-2015 furthers the appeal for the partnership, now rephrased as a “global network of navies.” The document effectively communicates to the potential partners the rationale for such “plug and play” cooperation with the US forces sans “commitment.”

Force Design and Employment

Strategy-2015 describes “a force that balances warfighting readiness with our Nation’s current and future fiscal challenges.” This statement seems to be the mainstay of the force design and employment strategy of US Sea Services.

Strategy-2007 had laid down the intent to “tailor” maritime forces “to meet the unique and evolving requirements particular to each geographic region.” Strategy-2015, possibly driven by fiscal prudence, seems to have adopted a less ‘ambitious’ approach. It aims only to “align (existing) capability, capacity, and platforms to regional mission demands…by ensuring that our most modern and technologically advanced forces are located where their combat power is needed most.” It also seeks to enhance the effectiveness of naval forces by employing “new warfighting concepts… and…. innovation.” The innovations stipulated by the document include increasing forward-basing of forces “to reduce costly rotations…” and developing modular platforms like Littoral Combat Ships (LCS) to enable swapping mission modules in lieu of costly ship rotations.

In sum, Strategy-2015 is not only a quantum improvement over the preceding strategy document of 2007, but also sets a model for the other existing and emerging major powers to emulate in the interest of transparency in military concepts and capability development. Such transparency is essential among maritime-military forces that operate in the international medium, and particularly those belonging to the “Indo-Asia-Pacific” region that is becoming increasingly volatile, as recent developments indicate.

Captain Gurpreet S Khurana, PhD is the Executive Director, National Maritime Foundation (NMF), New Delhi. The views expressed are his own and do not reflect the official policy or position of the Indian Navy, the NMF or the Government of India. He can be reached at gurpreet.bulbul@gmail.com.

Sep 29: CIMSEC DC Chapter Maritime Security Book Swap and Happy Hour

To take advantage of the great creative outpouring of CIMSEC’s DC chapter and *hopefully* the weather, w74d05a541a18fe35e8b88ebff88176e1e’ll be holding our Sept. Happy Hour at the Dacha Beer Garden and encouraging folks to bring their latest work (books, articles, reports, knitting, etc.) to trade, sell, or sign. Don’t have one of your own? Consider bringing an old book of interest to a maritime security crowd. As always, the more the merrier and arrive early if you want to snag a seat. RSVPs encouraged: director@cimsec.org.

When: Tues, Sept 29th: 4:30pm – 8:00pm (arrive any time, but come early for a seat)
Where: Dacha Beer Garden, 1600 7th St NW, Washington, DC (Shaw / U Street Metro)

 

Gibraltar: Legal Advice on Innocent Passage

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While tensions over the South China Sea often prompt headlines, attracting a great deal of attention by analysts, the dispute over Gibraltar has a much smaller presence in the media and specialized publications. However, given its location at a vital chokepoint, the conflict over the Rock cannot be ignored by naval and maritime observers. Furthermore, for the student of comparative conflict at sea it is interesting to look at some of its features, including disputes over the law of the sea and resort to non-lethal asymmetric warfare, which we also find elsewhere. A third reason is Gibraltar’s role in the air reinforcement strategy for the defence of the Falklands, an issue that China watchers are increasingly paying attention to, given Beijing’s growing interest in the South Atlantic, including Namibia.

Just like in the South China Sea, one of the aspects of the dispute over Gibraltar concerns the concept of “Innocent Passage”. In the case of the Rock, intruding warships have often claimed to be engaged in this regime, recognized by international law, both customary and UNCLOS (United Nations Convention on the Law of the Sea). However, Gibraltar’s authorities have rejected such claims, arguing that they were a mere excuse to justify incursions into British Territorial Waters. In order to reinforce their case, Gibraltar’s government announced in November 2014 that it had commissioned an expert legal opinion on the definition of innocent passage under UNCLOS. The latest string of incidents prompted the Gibraltar Broadcasting Corporation (GBC) to ask the Rock’s authorities whether the opinion had been received, and they replied confirming it had. According to the GBC, the opinion explains that “A vessel can only be considered to be on innocent passage through British Gibraltar Territorial Waters if it’s moving continuously and expeditiously, and is not engaged in any activities that are prejudicial to Gibraltar or the UK”, adding that “when it appears objectively from the foreign vessel’s behaviour that its purpose in passing through BGTW is to assert its country’s sovereignty claim over the waters, its passage would not be deemed to be innocent under international law.”1

HMS Scimitar escorting Spanish Govt vessel Emma Bardan out of BGTWs
HMS Scimitar escorting Spanish Govt vessel Emma Bardan out of BGTWs

On reading the GBC report, Luke Coffey, Margaret Thatcher Fellow, Margaret Thatcher Center for Freedom, The Heritage Foundation, tweeted “Spain in violation of UNCLOS, Article19 (Meaning of innocent passage), paragraph 2C, 2D, 2J, probably 2K and 2L!!”.2 These passages of UNCLOS read:

Meaning of innocent passage

1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.

2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:

(c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State;

(d) any act of propaganda aimed at affecting the defence or security of the coastal State;

(j) the carrying out of research or survey activities;

(k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;

(l) any other activity not having a direct bearing on passage”.

It could also be argued that incursions into Gibraltar’s territorial waters amount to a violation of paragraph (a) of the mentioned UNCLOS article, which reads “ any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations”, given that they take place in parallel with a denial of the British sovereignty over the Rock and her population’s right to self-determination.

However, innocent passage is a key concept in the law of the sea, and cannot be easily dismissed. Any attempt to deny that a warship moving through territorial waters enjoys it must be approached with care. This was made clear by James Kraska, a professor at the US Naval War College, who also commented on the Gibraltar report. Kraska stressed on Twitter that a “[t]hreat may not be implied based on mere presence, but must be overt, such as statement or action, such as fire control radar,” adding “See Jackson Hole Agreement; purpose of trip irrelevant; must have overt violation of art. 19 to be not innocent.”3 This refers to the 1989 USA-USSR Joint Statement With Attached Uniform Interpretation of Rules of International Law Governing Innocent Passage, known as “Jackson Hole Agreement”, whose text states that “All ships, including warships, regardless of cargo, armament or means of propulsion, enjoy the right of innocent passage through the territorial sea in accordance with international law, for which neither prior notification nor authorization is required”, in accordance with UNCLOS.

A difference between Cold War maritime confrontations and the dispute over Gibraltar is that in the former, it was the limits of innocent passage, which were disputed, ultimately leading to the 1989 Joint Statement. However, in the case of the Rock, vessels violating her territorial waters claim that those waters do not exist. Another difference to take into account is that while ramming featured in a number of incidents during the Cold War, the context was mainly a threat of conventional war at sea. On the other hand, what we are now seeing in regions like the South China Sea is mainly non-lethal warfare, featuring a complex mix of coastguards and other state agencies, fishing boats, maritime militias, and oil rigs. In Asia, this phenomenon is called the “gray zone” between peace and war. This does not mean that the conventional force is irrelevant, since what we are facing in the South China Sea is a dual war akin to the Second Indochina War on land. Concerning Gibraltar, the fact that intruding ships purport to conduct “sovereignty” patrols means that their passage is not innocent within the meaning of Article 19 of UNCLOS. The very purpose of those incursions is to undermine the “peace, good order, and security” of the territorial waters of the United Kingdom.

Could the legal opinion provided to Gibraltar’s Government have any influence on the legal dispute over the South China Sea? As is often the case, lawyers on both sides may find something to support their respective views. On the one hand, maritime democracies are bound to benefit from any obstacle to further incursions into British Territorial Waters, which not only run directly against the concept of rule of law at sea and peaceful resolution of disputes, but make it difficult for the European Union to play a role in the South China Sea. On the other hand, China may expand the notion that a warship moving through territorial waters is not engaged in innocent passage when making a territorial claim, arguing that neither is she when contesting a territorial claim. The challenge, however, remains how to distinguish lawful innocent passage, no matter how disliked by the coastal state, from genuine threats to “peace, good order, or security” of the coastal state. Kraska underlines that for this analysis, we must fall back on the Charter of the United Nations, which forbids the “threat or use of force.” A factor not to be forgotten is Beijing’s permanent seat at the UNSC, meaning that whatever interpretation of the UN charter may prevail among maritime democracies, it is unlikely to make it into a Security Council resolution if it is seen by China as detrimental to her national security. Recent months have seen many proposals concerning a reinforced presence by maritime democracies in waters claimed by Beijing in the South China Sea, and the airspace over them, as well as a number of incidents involving warships and planes in those same waters. The former include a study by Scott Cheney-Peters on joint air patrols, whose main purpose would be “to counter excessive claims and rights not in accordance with international law.”

It would be interesting to see the full text of the legal opinion commissioned by Gibraltar’s Government. In any case, the information released about it should serve as a reminder that in a global, inter-connected, world, each maritime dispute may certainly be unique, but it makes sense to study them from a comparative perspective, among other reasons because in both diplomacy (including public diplomacy) and international legal and arbitration proceedings, anything considered as a precedent may be used to defend one’s position.

Alex Calvo, a guest professor at Nagoya University (Japan), focuses on security and defence policy, international law, and military history, in the Indian-Pacific Ocean Region. He tweets at Alex__Calvo and his work, which includes “China’s Air Defense Identification Zone: Concept, Issues at Stake and Regional Impact”, Naval War College Press Working Papers, No 1, US Naval War College, 23 December 2013, available here, can be found at https://nagoya-u.academia.edu/AlexCalvo

1Source kindly pointed out by Michael J. Sanchez, founder of OP-WEST. An interview with Sanchez, where he explains the origins and work of OP-WEST, is available at A. Calvo, “OP-WEST: Open Source Intel in Contested Maritime Spaces”, Center for International Maritime Security (CIMSEC), 1 April 2015, https://cimsec.org/op-west-open-source-intel-contested-maritime-spaces/15718

2 Tweet by @LukeDCoffey dated 18 August 2015.

3 Tweets by @JamesKraska dated 19 August 2015.

Fostering the Discussion on Securing the Seas.