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Brazilian Navy Participates in Exercise Obangame Express 2022

By Wilder Alejandro Sánchez

The Southern Tide

Written by Wilder Alejandro Sanchez, The Southern Tide addresses maritime security issues throughout Latin America and the Caribbean. It discusses the challenges regional navies face including limited defense budgets, inter-state tensions, and transnational crimes. It also examines how these challenges influence current and future defense strategies, platform acquisitions, and relations with global powers.

“Whether [working] against COVID, transnational criminal organizations, the predatory actions of China, the malign influence of Russia, or natural disasters, there’s nothing we cannot overcome or achieve through an integrated response with our interagency allies and partners.” – General Laura J. Richardson, Commander, U.S. Southern Command”  

Exercise Obangame Express 2022, the largest multinational maritime exercise in Western Africa, concluded its 11th iteration in Dakar, Senegal, on March 18. A total of 32 nations participated, including regional countries like Gambia, Ghana, Liberia, extra-regional nations like France and the United States, and multinational agencies including the Economic Community of West African States and the Economic Community of Central African States.

One extra-continental participant was the Brazilian Navy (Marinha do Brasil), via oceanic patrol vessel (OPV) Amazonas (P120). Brazil’s participation is neither an oddity nor a development that should be overlooked in Washington; the Brazilian military, particularly the navy, has a long history of close relations with many African militaries to increase the Portuguese-speaking nation’s presence and image across the South Atlantic, as well as strengthen military-to-military relations.

Amazonas in Obangame Express

A good place to begin this analysis, and to properly explain Brazil’s military relations with African partners, is by listing recent developments. During its voyage to Africa, Amazonas docked in Walvis Bay, Namibia. Two officers from the Namibian navy came aboard and were observers during Obangame Express 2022. As part of its activities throughout the exercises, Amazonas reportedly carried out maneuvers with the navies of Angola, the Republic of Congo, the Democratic Republic of Congo, and Namibia. Amazonas’ mission “contributed to maintaining maritime security in the South Atlantic,” the Brazilian navy explained in a Tweet.

OPV Amazonas carried out maneuvers with the navies of Angola, the Republic of Congo, the Democratic Republic of Congo, and Namibia as part of Obangame Express 2022. Photo Credit: Marinha do Brasil / Twitter Account, April 2, 2022

Moreover, personnel assigned to the Brazilian navy’s assistance commission (Missão de Assessoria Naval do Brasil) in Sao Tome and Principe assisted local forces as part of the Exercise. The Brazilian officers reportedly helped the local coast guard and also served as translators between the military personnel from Sao Tome and Principe and the United States.

The Brazilian navy is a constant participant of Obangame Express; OPV Araguari participated in the 2021 iteration, while Amazonas was also present in the 2020 version. Amazonas is assigned to the navy’s Southeastern naval group (Comando do Grupamento de Patrulha Naval do Sudeste). The Amazonas-class OPV (in Portuguese, NavioPatrulha Oceânico: NpaOc) was commissioned in 2012 and has two sister ships, Apa (P121) and Araguari (P122).

By participating regularly in Obagame Express the Brazilian Navy can maintain a balanced level of interoperability with African Navies. In an interview with the author, Andrea Resende, Ph.D. candidate in International Relations at Brazil’s Pontifical Catholic University of Minas Gerais (PUC MINAS), who also monitors maritime security, explained that “the interoperability between the South Atlantic Navies is fundamental to not only send a message of power projection across the South Atlantic but to keep the gears of cooperation and understanding between South Atlantic powers.”

A summary of Brazil-Africa Defense Relations

Apart from strong diplomatic and commercial relations between Brazil and Africa, particularly during the Lula da Silva presidency, defense relations and weapons transfers should not be overlooked.

For example, personnel from the Brazilian Marine Advisory Training Team (BRAZMATT) traveled to Namibia in late February to help train local naval personnel. The Brazilian navy has had a permanent mission in Namibia since 2009 to promote cordial defense relations. Also in February, the Brazilian Defense Attache to Senegal, navy Captain Raphael Gustavo Frischgesell, met with a high-ranking official of the Senegalese military, Div General  Mamadou Gaye. Resende noted that Namibia is a key ally of the Brazilian navy, but the Brazilian armed forces also have, or recently had, “military agreements with Benin, Gabon, South Africa, Nigeria, Senegal, [and] Angola.”

Officers from the Namibian navy participated in Obangame Express 2022 aboard OPV Amazonas. Photo Credit: Marinha do Brasil.

For the period of 2022-2023, the Brazilian association of defense and security industries (ABIMDE) identified several potential customers for Brazilian military technology. In the African continent, the two countries mentioned were Egypt and Mauritania. Brazil has already sold equipment to other regional states. Resende added that “one of the most successful initiatives, in my opinion, was the A-Darter [short-range air-to-air] missile, to be integrated with the [Saab] Gripen fighters, that was developed by a cooperation between Brazil and South Africa.”

These developments are not new. Brazil’s relations with Africa, not just from a defense perspective, go back decades. As Resende notes, during the Brazilian Military Dictatorship (1964-1985), “there was an interest in strengthening the South Atlantic sea powers and keeping the extra-regional powers (and its conflicts) out of the region. This proximity was expanded in 1986 when the Zone of Peace and Cooperation of the South Atlantic (ZPCSA or ZOPACAS) was created, and solidified in the early 2000s with another main interest: to protect our natural resources through cooperation and maintain the area as a peaceful zone.”

A similar opinion is shared by Scott Morgan, a long-time African analyst and president of the Washington DC-based consulting firm Red Eagle Enterprises. Morgan explained to CIMSEC that Brazil has the most comprehensive foreign policy and “the best relations with the African continent,” when compared to other Latin American nations. Even though Brasilia’s African strategy has changed during the years, depending on who is president, Brazil is “engaging in Africa where traditional powers like France keep receiving black eyes on a strategic level.”

During incumbent president Jair Bolsonaro’s government, the relations with African nations indeed lost the same importance they had during the presidencies of Lula da Silva and Dilma Rousseff. The COVID-19 pandemic, the global economic crises, and new missions also negatively affected the strength of South Atlantic relations between Brazil and Africa; however, entities like the Brazilian navy continue to regard African states as key partners. For example, as Resende explained, in October 2021 the Brazilian Navy organized the First Maritime Symposium of ZPCSA, which was “incredibly successful,” as it promoted “pertinent discussions about common threats and challenges, as well [as] reinforced civilian-military relations. In my opinion, this was a very important step for ZPCSA to regain its relevance as a regional institution.”

Conclusions

As for the maneuvers themselves, they generally received positive reviews. “Obangame Express is about the motivation of our people to dig into some wicked problems together and unearth ways to make our waters safer,” said Lt. Gen. Kirk Smith, deputy commander, U.S. Africa Command.

Morgan, from Red Eagle Enterprises, explained to the author one important fact about Obangame Express 2022: “this year’s exercise ranged from the Gulf of Guinea down to Angola. That is a large area to cover and shows how the concerns about piracy are spreading.” Morgan also noted a side meeting that occurred during the maneuvers, the Senior Leadership Symposium. The meeting, held at the Senegalese Naval Headquarters in Dakar, “brought African Naval leaders together with counterparts from Europe, North America, and South America to exchange ideas regarding security concerns. Communications on this level will be vital to address any regional threat,” he explained. As for the future of Brazilian-African naval relations, Andrea Resende of PUC MINAS noted that “the South Atlantic, as the main strategic theater of Brazil, is a permanent feature in Brazil’s national defense and the Brazilian Navy still manages to strengthen ties with African Navies at every opportunity.”

Obangame Express 2022 was a general success, as its objective was achieved: to promote interoperability and strengthen relations between the participant navies and other services. Hopefully, the Gulf of Guinea, West African waters, and the African side of the South Atlantic will become more peaceful and secure in the immediate future. Moreover, these maneuvers are also helpful to increase a navy’s image, display its capabilities, and carry out effective power projection. This is the case of the Marinha do Brasil. Brazil-Africa relations are not a new topic, but it is noteworthy that, regardless of health pandemics or new civilian leaders with different foreign policy priorities, the Brazilian navy continues to regard African states as key allies. The Brazilian navy only deployed one ship to Obangame Express, OPV Amazonas, but the significance of the Brazilian flag flying high in West African waters among partners and allies has significant repercussions for South Atlantic naval and defense relations.

Wilder Alejandro Sánchez is an analyst who focuses on international security and geopolitics. The views expressed in this article belong to the author alone and do not necessarily reflect those of any institutions with which the author is associated. Follow him on Twitter: @W_Alex_Sanchez.

Featured Image: OPV Amazonas carried out maneuvers with the navies of Angola, the Republic of Congo, the Democratic Republic of Congo, and Namibia as part of Obangame Express 2022. Photo Credit: Marinha do Brasil / Twitter Account, April 2, 2022.

Sea Control 342 – The Navy, in Black and White with John Cordle and Reuben Keith Green

By Andrea Howard

Sea Control talks with CAPT John Cordle and LCDR Reuben Keith Green about the culture and policy issues surrounding race in the maritime service. CAPT Cordle, USN (ret.) commanded two ships, the USS Oscar Austin (DDG-79) and San Jacinto (CG-56). LCDR Green, USN (ret.) served as the executive officer of a Pegasus-class hydrofoil (PHM) and is the author of Black Officer, White Navy (2017). 

Download Sea Control 342 – The Navy, in Black & White with John Cordle & Reuben Keith Green

 

Andrea Howard is Co-Host of the Sea Control podcast. Contact the podcast team at [email protected]

This episode was edited and produced by Marie Williams.

Are You Ready for This? Properly Defining Joint Readiness

By C. Travis Reese

“Any military activities that do not contribute to the conduct of a present war are justifiable only if they contribute to preparedness for a possible future one.” MCDP-1 Warfighting

Defense of the nation is a never-ending task. It is achieved by balancing readiness for today’s threats and tomorrow’s challenges. The relationship between current and future readiness is not a clean demarcation but a part of a continuum. Yet, when it comes to having a prepared force, the ambiguity around how the U.S. Department of Defense (DoD) defines readiness is muddying the prioritization between current threats and future modernization efforts. Actions in Ukraine are reinvigorating how DoD leaders evaluate preparedness for conflict. This makes the current era as important a time as any to understand how to assess overall readiness and the requirements to manage risk as the force prepares to address a peer adversary.

What would a better method of defining institutional readiness look like? In a nutshell, it would require DoD to establish an easily understood criteria for institutional readiness. This will allow co-equal comparison between the current and future to manage the risk between investment and divestment as it applies to the transition between the “as is” force and the future “to be” force. Why? Because as the character of war inevitably evolves it is necessary to know and develop those first principles of readiness that enable DoD to succinctly identify needed changes. This must be done in advance of when those changes may seem likely so that the wrong force is not maintained beyond its absolute utility and the current force is not undermined in its preparedness when disruption is not needed.

Readiness is the purpose behind the process

The core concern of DoD leaders is the readiness of the force, both for current and future challenges. Talk of concepts, manpower, capability, acquisition, forward basing, etc. are attributes and features of one great concern: readiness. There is no common definition of readiness across DoD, but there are some frameworks to help understand the components of current readiness and generating future readiness. The Components of Institutional Readiness diagram provides one example:

The Components of Institutional Readiness Diagram represents a framework to help understand the components of current readiness and generating future readiness.

Components of Institutional Readiness

Current readiness is enabled and assessed through the items on the left side of the chart and focused principally within the 5 year time frame of the current Future Years Defense Program (FYDP) (or military budget to the laymen). It is actual and real, not conceptual for which existing assets are committed as determined in the global force management and annual joint assessment process as key activities. It is the writ of commanders (both providers and employers) to assess their forces and identify gaps in capability and capacity based on existing theater Operations Plans (OPLANS). OPLANS are approved through the appropriate chain of command from Combatant Commanders to the Secretary of Defense and clearly identify the approach to engage current threats. They are evaluated through exercises and war games that test and revise the plan to maintain pace with an adversary and not a “past tense” frame of the problem or mission. These are “fight tonight” operations that current forces train to accomplish.

Future readiness is created through the components on the right side. It is largely conceptual in nature and framed through approved scenarios that represent plausible interpretations of future events relative to likely threats. Scenarios are evaluated through a qualitative wargaming process testing concepts, policies, or decisions or a quantitative process of modeling and simulation objectively replicating the environment with testable and repeatable variables and conditions. Both analytic methods when filtered through a net assessment enable discovery of gaps that may impact the future readiness of the force to succeed against future threats. War games and experimentation are used to examine the hypothesis of the future operating environment proposed in the scenarios and evaluate attributes of potential solutions. The results then are extrapolated to the requirements that inform the development of future concepts and their supporting capabilities.

The Iron Triangle of Capabilities, Threats, and Resources

The sustainment of the “as is” force and the creation of the “to be” force is framed by the balance of capabilities, threats, and resources. Different entities within DoD, based on their responsibilities, usually adopt one of the variables as their dominant lens and position. Those viewpoints are not, nor should they be, exclusive since they must be informed by inputs from the other two variables to have any context or meaning at all. Building a thing for a thing’s sake with no appreciation of why or with how much is anathema in any sense, let alone for a military application. Typically, in DoD capabilities are the lens of Services as force developers and force providers. Threats are the focus of the combatant commands as well as the Intelligence Community. Resources (especially money) are the dominant viewpoint of the Secretary of Defense and the Joint Staff given their statutory duties in that regard. There are nuances within that, but that is the organized tension within DoD, which, when managed in collaboration vice competition can be highly effective.

To reconcile those points of view as they apply to future force design, a scenario-based analysis through wargaming or simulation is conducted. The scenario does not dictate the outcome but rather fuels the context to identify the balance between the three variables. Truly useful scenarios are agnostic of solution but present the plausible framework to consider problems and identify the attributes of potential solutions usually within a given timeframe of consideration. Good scenarios allow the introduction of any range of options or approaches. Scenarios for any military context should look and feel like military plans and orders. This realism helps to distinguish the difference between using current means and practices or adopting future ones. Scenarios must be accompanied with a thorough explanation of the factors and ideas that form their creations so they can be modified as needed with new data or plausible projections. Managed iterations of scenarios help to show an evolution of thinking and learning about future problems.

Scenarios that are suitable for wargames at the Department-level to identify future gaps and challenges are the result of interactions among three entities. The Office of the Undersecretary of Defense for Policy provides an understanding of the desired “ends” from the National Defense Strategy (NDS) with amplifying detail through the defense planning guidance and framework defense planning scenarios. The Services with interaction from the Joint Staff create a model of the Joint Force applied to the scenarios, giving structure to the potential “ways” of the NDS. This comes in the form of Joint Force Operating Scenarios (JFOS). The JFOS mimics a Level 3 Operation Plan (OPLAN) set in a future operating environment. The Cost Assessment and Program Evaluation in the Office of the Secretary of Defense (OSD(CAPE)) and Service’s programming and budget evaluation offices examine the potential solutions necessary to achieve the ways and provide comparative assessment of the “means” presented by the Services to recommend the best composition for the force. The work of CAPE and other service analytic organizations is generally performed through quantitative modeling and simulation derived from the conditions applied to scenarios and war games. Only one product, the Joint Operating Environment (JOE), produced by the Joint Staff J7 routinely attempts to articulate a plausible future out to twenty years. The JOE is not comprised of any specific scenario but more a well-considered primer of issues influencing future security considerations.

The case for modernization is derived from the results of wargames and analyses from the scenarios and impacts the ability of the Service chiefs to design and fund the needs for the next evolution in the character of conflict. The case for maintaining the current force is based on current threats and emergent conditions which impact the ability of Combatant Commanders to fulfill their approved plans and missions. Suffice to say, there is no substitute for thinking hard about a problem which often corresponds to buying institutional time to think long as well. Planning earlier and including the potential growth in adversary capacity facilitates delivery of capabilities at the time they are needed, not after. Further, it can prevent retaining something long after it is useful, which causes current gaps to become more urgent and draws institutional focus to the present at the expense of the future. There is also a tendency at times to consider readiness by covering as many options through sub-specialization and regionalization in force development. That can provide useful insights, but in general those should be unique exceptions needed for a particular challenge balanced by the general demands of the force with tools that are applicable and adaptable to nearly any circumstance.

Assessing Risk between current and future

Understanding how institutional readiness is derived must be synchronized with a method for weighing risk against current and future threats. Much ink and rhetoric has been expended to complain over who has the best view and need to lead the efforts of force design in DoD. Secretary of Defense staff? Joint Staff? Combatant Commanders? Service Chiefs? A simple answer is “yes”, and it depends on what is being measured. Quite clearly Combatant Commanders come with a regional and threat-specific focus gauged on the near-term. That would make it inappropriate for them to manage efforts and Service-level resources to design a force that requires 10 years on average just to identify and develop. Further, Combatant Commanders compete against each other for resources and do not have a unitary appreciation of the threats. Yet they are totally within their purview to request forces with capabilities that make it possible to achieve assigned missions, and modify those forces as needed to suit the task. Conversely, the Service Secretaries and Chiefs must adjudicate that world-wide view and create forces capable of operating in any climb and place. They must deliver capabilities that require alignment of entire enterprises in complex discovery regardless of how often priorities shift or misguided defense acquisition efforts can be. This can be a complex process which requires OSD, with the aid of the Joint Staff, to provide an objective assessment of the proposed solutions to current and future readiness by the Combatant Commanders and the Services.

Richard Betts’ 1995 book Military Readiness: Concepts, Choices, Consequences, articulated a framework for thinking about readiness where he argued that decision-makers need to ask three key questions about readiness: Ready for what? Ready for when? And Ready with what? How can Betts’ framework be converted into a common model of comparison between current and future to co-equally weigh the sustainment of the current force against the imperative to modernize? An example is below:

Decision-makers need to ask three key questions about readiness: Ready for what? Ready for when? And Ready with what?

Risk Framework for Capability and Capacity

This model takes the three questions posed by Betts and frames them in three different graphs to help visualize risk and assess value based on the interactive variables of mission relevance, readiness to conduct a mission, and the capability of various force options. The graph under “Ready for What?” shows risk in terms of a military problem based on the likely frequency of occurrence. For example, nuclear forces may rest on the highest risk challenge with the lowest likelihood of occurrence. They are relevant to strategic deterrence but may have limited value in terms of day-to-day competitive activities. This graph also shows that generally lower risk activities (that can be cumulatively consequential to national security) have a higher probability of occurrence opposed to existential concerns. This gives a scale of an investment’s value based on its use case and the risk of not having it poses to our nation and our interests. The graph in Ready for when? shows how the duration of an expected challenge and how quickly it must be responded to factors into the cost of sustained preparedness. An immediate response requirement (ex. hostage rescue) requires a persistent ready posture. This may be opposed to larger scale contingencies that historically have longer periods of indication and warning with corresponding windows in time to prepare. The graph shows how overall daily readiness and training requirements factor into cost and sustainment of unique capabilities. Lastly, under “Ready with what?,” risk can be evaluated in terms what type of force is required for a challenge (large or small) and how long that force will be used. Generally, a short duration mission requires a discrete force of specialized capability, and a longer mission requires a larger force but that will take longer to prepare and enable. That will reflect on the capability of a force to operate effectively and how much investment is required to reach the standard necessary for a planned contingency.

The effectiveness of this model is a function on two factors. First, it converts Betts’ framework into a formula that can be applied to readiness for both current and future challenges to provide co-equal metrics of comparison. Second, it provides a clear criteria and visualization for the significance of those criteria by assessing the risk of maintaining a current capability or necessity of transitioning to a future one. Regardless of the choice, Betts’ framework can help move the Department forward when it comes to weighing risk with more empirical values that balance subjective and objective concerns in current force employment and future force design. 

Conclusion

The DoD has struggled to define institutional readiness and find a risk framework that can be equally applied to future and current concerns. Bett’s framework and other models in this discussion are templates for conducting comparative analysis of current and future risk to identify which focus areas are of primary concern. The framework used for distillation of those focus areas will inform the investment balance and mitigate tension between current urgent and future important concerns. This competition is framed by an acceptable risk level tolerance competition, pitting current and future challenges against each other. If a current challenge is unmitigated and high risk, it may require DoD to de-emphasize evaluation of future objectives. If the future appears to be riskier and the current challenges are as “in hand” as they will ever be, then an emphasis on addressing future concerns would be required. Currently, the DoD does not compare current and future threats to a common framework. The lack of framework creates an inability to weigh efforts and resources for either near term security or long-term effect or to even make an assessment. Instead, they are lumped into a pot of “threats” and sorted out by the whomever is the most successful advocate posturing around a vague definition of the need to be “ready” with very few metrics of prioritization or categorization. The goal of readiness is to avoid “present shock” – a condition in which “we live in a continuous, always-on ‘now’” and lose the sense of long-term direction. This can only be achieved when readiness is clearly defined with common criteria for evaluating the risks of sustainment and modernization of capabilities as they apply to current problems or future dilemmas.

Travis Reese retired from the Marine Corps as Lieutenant Colonel after nearly 21 years of service. While on active duty he served in a variety of billets including tours in capabilities development, future scenario design, and institutional strategy. Mr. Reese is now the Director of Wargaming and Net Assessment for Troika Solutions in Reston, VA.

Featured Image: EIELSON AIR FORCE BASE, Alaska (March 25, 2022) – A formation of 42 F-35A Lightning IIs during a routine readiness exercise at Eielson Air Force Base (EAFB), Alaska, March 25, 2022. The formation demonstrated the 354th Fighter Wing’s (FW) ability to rapidly mobilize fifth-generation aircraft in arctic conditions. (U.S. Air Force photo by Airman 1st Class Jose Miguel T. Tamondong)

Naval Operations and the Right to Operate Freely in the Taiwan Strait

By Raul (Pete) Pedrozo

Introduction

A Turkish news report indicated that the transit of the Taiwan Strait by the USS Sampson (DDG 102) on April 26, 2022, triggered Chinese “counter-measures.” The report further indicated that the transit of the U.S. guided-missile destroyer was perceived by China as provocative and that such transits “intentionally sabotaged peace and stability in the region.” People’s Liberation Army-Navy (PLAN) ships and aircraft were positioned to the southwest and northeast of the strait to shadow the Sampson’s transit. Similar complaints are levied by China when a U.S. warship operates in the strait.

A statement released by the U.S. Seventh Fleet on April 26 countered the Chinese accusations, indicating that the U.S. warship had “conducted a routine Taiwan Strait transit through international waters in accordance with international law.” These transits demonstrate America’s “commitment to a free and open Indo-Pacific” and that U.S. ships and aircraft will fly, sail, and operate “anywhere international law allows.” What exactly does international law have to say about the rights of warships transiting the Taiwan Strait, and what does this imply for future operations and potential reactions?

The Taiwan Strait and UNCLOS

The average width of the Taiwan Strait is 97 nautical miles (180 kilometers); at its narrowest point, it is 70 nautical miles (130 kilometers) wide. Waterways, like the Taiwan Strait, that are greater than 24 nautical miles wide are considered geographic straits (UNCLOS, Article 36). In such straits, high seas freedom of navigation and overflight, and other lawful uses of the seas relating to such freedoms, apply in the water beyond the territorial sea, that is, the exclusive economic zone (EEZ) and/or high seas corridor (UNCLOS, Articles 58 and 87, and Part III). Thus, outside the territorial sea, U.S. warships and aircraft may conduct the same range of military operations in the strait that they conduct in foreign EEZs or on the high seas. Some of these lawful military activities include intelligence, surveillance, and reconnaissance (ISR) operations; launching and recovery of aircraft and other devices; submerged transits for submarines and other underwater devices; weapons exercises; military marine data collection and naval oceanographic surveys; underway replenishment; maritime interdiction operations; DPRK sanctions enforcement; maritime security operations; and flight operations.

The right of innocent passage applies in the areas of the strait along the coasts of China and Taiwan comprising their 12-nautical mile territorial seas (UNCLOS, Article 17) measured from baselines drawn in accordance with international law, which is normally the low-water line (UNCLOS, Article 5). Both China and Taiwan claim excessive straight baselines, which have been the subject of diplomatic and operational challenges by the United States since they do not comply with international law (UNCLOS, Article 7). If U.S. or other nations’ warships sail within 12 nautical miles of the low water line of the Chinese or Taiwanese coast, they must transit that area in innocent passage. Aircraft are not entitled to innocent passage and must remain outside of lawfully declared and recognized areas of national airspace. China’s incremental and incorrect characterization of the Taiwan Strait as either internal waters or an international strait, which would limit other nations’ high seas freedoms is another attempt to disrupt maritime operations that comply with the legal regime recognized in the rules-based international order.

PACIFIC OCEAN (Nov. 29, 2016) Arleigh Burke-class guided-missile destroyer USS Sampson (DDG 102) transits the Pacific Ocean. (U.S. Navy photo by Petty Officer 2nd Class Bryan Jackson/Released)

Countermeasures

The assertion that the USS Sampson transit triggered Chinese countermeasures against the United States is puzzling. Legally, the term “countermeasures” refers to the peacetime law of state responsibility, not self-defense. States assume responsibility for their internationally wrongful acts, which consist of acts or omissions attributable to the state under international law and constitute a breach of an international obligation of the state. (ASR, Articles 1, 2). A state breaches an international obligation when an act of that state is not in conformity with what is required of the state by that obligation (ASR, Article 12). China may, therefore, take countermeasures in response to an internationally wrongful act committed by the United States, but only if the U.S. act constitutes a breach of an international obligation the United States owes to China (ASR, Article 49). Furthermore, any countermeasures would be directed at the United States at the national level and in any event must respect the sovereign immunity of U.S. warships and military aircraft.

There is no international obligation for any state to refrain from transiting or operating in the Taiwan Strait. The EEZ/high seas corridor of the strait is just another body of water where all states, including the United States, have a right under international law to engage in high seas freedoms of navigation and overflight, and other lawful uses of the seas relating to such freedoms. With regard to the latter, military operations, exercises, and activities have always been regarded as internationally lawful uses of the sea (Official Records, Vol. XVII, p. 244). Moreover, such military activities that are consistent with the principles of international law embodied in Article 2(4) and Article 51 of the United Nations Charter are not prohibited by United Nations Convention on the Law of the Sea (A/40/535, ¶ 188). Thus, the transit of the USS Sampson is not an internationally wrongful act and China may not take countermeasures against the United States.

Future Messaging

Given that there is an EEZ/high seas corridor in the strait, U.S. ships and aircraft can, and should, do more than just “transit” continuously and expeditiously through the strait and instead should exercise high seas freedoms in the EEZ. Ships and aircraft of all nations have the right to conduct normal operations in accordance with their high seas freedoms within the EEZ/high seas corridor of the Taiwan Strait. Statements, like the Navy’s April 26 release, give the impression that U.S. ships and aircraft are limited in what they can do while operating in the Taiwan Strait. Future U.S. operations in the strait should clearly demonstrate, through words and actions, that the waters and airspace of the Taiwan Strait are not, in any way, under Chinese control or jurisdiction.

Professor Raul (Pete) Pedrozo, Captain, USN, Ret., is the Howard S. Levie Professor on the Law of Armed Conflict, U.S. Naval War College, Stockton Center for International Law. Prior to his retirement from active duty after 34 years of service, he served in numerous positions advising senior military and civilian Defense officials, including as the senior legal advisor to Commander, U.S. Pacific Command. He also served as the Director of the Navy’s International and Operational Law Department in the Pentagon.

The views expresses are those of the author and do not necessarily reflect the views of the Department of Defense or the U.S. Naval War College.

Featured Image: The Taiwan Strait (Gallo Images)