Tag Archives: Maritime

American Strategy in the 21st Century: Maritime Power and China – Part I

Introduction
American strategic thought should center on war with China, a near-peer competitor who aims to expel U.S. military power from the Western Pacific in order to achieve regional hegemony.[1] U.S. leaders need strategic options on how best to engage, deter and ultimately defeat China. The geography of the region demands a maritime focus, and as policy makers have decided to “pivot” to Asia, it is incumbent on them to decide how best to posture American power. Maritime power will be the deciding factor in this conflict.
This is not to say that a conflict with China is inevitable or desired. Yet the responsibility of policy makers, military planners and national security experts is to consider and plan accordingly for conflict. Not assuming that war will come will mean the fight will be longer, harder and more costly – and more in doubt.

In the last half of the 20th Century, American maritime power was the centerpiece in a policy of containment against Communism. The collapse of the Soviet Union left the U.S. Navy as the uncontested power on the world’s oceans. [2] Power projection and unrestricted use of the sea lanes enabled the U.S. to fight two sustained land wars for more than ten years. Our pivot toward Asia, demands we build our future maritime power capabilities and platforms around our strategy.

War with China must be an immediate concern. The stage is already set for America to be drawn into conflict now, while she is underprepared. Consider the following scenario:

Late 2014
The conclusion of the 18th Chinese Party Congress in November 2012 did not soothe growing ethnic and economic tensions in China.[3] A stalled world economic recovery reduced demand for Chinese-made goods, creating an unemployment crisis in a country where employment is “guaranteed.” Ethnic tensions spilled over in many western and rural provinces and the state security and People’s Liberation Army (PLA) wavered between accommodating and cracking down. Sensing the Communist Party was losing its “Mandate from Heaven”,[4] it initiated a series of territorial disputes with Asian neighbors in the hopes of spurring nationalism. In late 2014, PRC law enforcement vessels of the China Marine Surveillance (CMS) agency placed water barriers around Scarborough Reef, a disputed shoal claimed by the Philippines and the PRC. An amphibious craft over the horizon with prefabricated construction materials set up a small “Maritime Surveillance Outpost” on pylons manned by marines and “fishery law enforcement” officers. Lacking a meaningful navy, and the stomach to fight, the Philippine government filed protests at the United Nations (UN) and the Association of Southeast Asian Nations (ASEAN). The U.S. ignored quiet feelers put out by the Philippine government about military support for a response, and the PRC noted the lack of a forceful U.S. reaction to the aid their treaty ally.
After a brief “high” from their triumph, the economic situation continued to worsen through 2015. The Communist leadership looked closer to home for another diversion. In the East China Sea, just north of Taiwan, the PRC and Japan were locked in a territorial dispute over the Japanese-administered Senkaku Islands. Noting the lack of support Washington gave the Philippines, China waited until the carrier USS George Washington was back in its home port of Yokosuka, Japan undergoing regular maintenance. With the absence of a transiting carrier strike group, hundreds of fishing boats loaded with PLA Navy [PLA(N)] marines come ashore and hastily build a “Maritime Surveillance Outpost” on two of the larger islands. The few Japanese Coast Guard ships could not prevent the landing and soon the islands were occupied with marines and light artillery. Tokyo showed more resolve, and vowed to retake the “home territory.” To the surprise of the American leadership, Japan invoked the mutual defense treaty with the United States, and America’s political leadership faced its worst nightmare: a conflict with China.[5]

Chinese marine forces practice a beach assault during the Mission Action 2013 exercise.
Chinese marine forces practice a beach assault during the Mission Action 2013 exercise.

 

Strategy and Maritime Power
We begin by making a series of assumptions. First, the policy of the United States is to remain the preeminent world power. Relative decline need not be indicative of retreat from global leadership; America will continue to oppose usurpation by one or more powers whose interests do not largely coincide with our own. A multi-polar world is more dangerous, not less.

Second, America will seek to maintain a qualitative military edge over peer competitors, enabling it to be capable of protecting national security interests worldwide. Finally, American policy will seek to ensure continued global economic integration and will fund a military large and capable enough to secure the global commons.
In order to meet these assumptions, U.S. strategy must navigate a series of challenges in North Africa, the Middle East and Iran, North Korea, Russia and China. All of these are potential flashpoints of military conflict that could escalate, but only one – China – has the ability to fundamentally alter America’s position in the world and take her place as the preeminent power. The ability of America to respond hinges on maritime power.

The nature of American maritime power has evolved over time, as outlined in 1954 by Samuel Huntington. During the Continental Phase, from the founding to 1890, the Navy played a subordinate role, primarily responsible for coastal defense, protecting American commerce and during the Mexican-American and Civil Wars, performing blockading functions and amphibious operations. Beginning in 1890 through the end of World War II, the Oceanic Phase, the United States began to project its power and interests overseas. Maritime policy and thinking was largely influenced by Alfred Thayer Mahan. He argued that the “true mission of the navy was acquiring command of the sea through the destruction of the enemy fleet.” To secure command of the sea, the nation required a stronger battle fleet. This doctrine was largely accepted by the Great Powers, including Japan.[6]

The third phase, the Transoceanic Phase, has seen maritime power orient away from the open ocean and toward the littorals. Even Admiral Nimitz would note that the reduction of enemy targets on land “is the basic objective of warfare,” not the destruction of the enemy fleet. The purpose of maritime power since the end of World War II is to “utilize command of the sea to achieve supremacy on the land.” In a sense, Mahan has been replaced by Sir Julian Corbett.[7]

Maritime power has distinct advantages for policy makers. It is the most politically viable option to posture military forces and respond to challenges without the need for a large land presence. Foreign powers, coalition partners and allies(and the local populations) prefer regular port visits, exercises and training engagements than the permanent stationing of troops. The American public has also cooled to the idea of large battalions stationed overseas. As the public has also grown more casualty-averse, policy makers need more time to prepare the public for the eventual introduction of land forces and the potentially large number of casualties. The nature of a maritime conflict – slow to escalate – provides the political leadership the most critical of elements in any conflict: time.
Maritime power should not be confused as “Navy-only,” or even “Navy-Air Force-only.” Land forces play a critical role. As Rear Admiral J.C. Wylie[8] noted, “The ultimate determinant in war is the man on the scene with the gun…This is the soldier.” Land operations are critical in a conflict where the littorals play a central role. The hypothetical scenario above is an example.

Space and cyberspace are newer elements of maritime power. Modern navigation, intelligence gathering and communication, including the Internet, rely on satellite technology and architecture. In the mid to late 1990s, the U.S. military began reconfiguring itself for network-centric operations, linking combat platforms and intelligence surveillance reconnaissance (ISR) assets. At sea, this is critical to Maritime Domain Awareness (MDA). The backbone of a networked military is the satellite and cyberspace architecture and is vital to joint operations.

The Dual Nature of War
Before considering conflict with China, we have to consider the nature of war itself. War is dichotomous, being fought principally on land, or with both land and maritime elements.[9] John Arquilla[10] identified that in land wars, skill was the primary factor which determined victory or defeat, while in wars involving land-sea powers, maritime power was the determining factor.

Land powers which initiate wars with land-sea powers tend to lose, often because they inflate their own naval capabilities and lack the requisite experience in naval operations. 16th Century France and 19th-20th Century Germany are two examples. Both were continental powers that began a program of naval expansion with the intent to challenge the British at sea and reach a position of dominance. Both entered conflicts with Britain, only to find that their newly expanded navies did not perform as expected. Their naval bureaucracies retreated from the offensive doctrines in order to protect their new – and very expensive – fleets. Once hostilities commenced, they turned from offensive operations to a guerre de course (commerce raiding), a defensive naval strategy. However, their peacetime advocacy of an offensive naval doctrine made conflict more likely, not less.[11]

About the Author
LT Robert “Jake” Bebber USN is an information warfare officer assigned to the staff of the United States Cyber Command. He holds a Ph.D. in Public Policy from the University of Central Florida. The views expressed here do not represent those of the Department of Defense, Department of the Navy or the U.S. Cyber Command. He welcomes your comments at jbebber@gmail.com.

Sources

[1] For a more thorough view, see John J. Mearsheimer’s article “Can China Rise Peacefully?” at The National Interest, April 8, 2014, available at: http://nationalinterest.org/commentary/can-china-rise-peacefully-10204.

[2] Peter M. Swartz, Center for Naval Analysis, personal communication, November 8, 2012.

[3] For example, see “China’s Achilles Heel” in The Economist, April 21, 2012: http://www.economist.com/node/21553056 ; “Unrest in China – A dangerous year” also in The Economist, January 28, 2012: http://www.economist.com/node/21543477. Also, see “Uighurs and China’s Xinjiang Region” in Council on Foreign Relations, May 29, 2012: http://www.cfr.org/china/uighurs-chinas-xinjiang-region/p16870.

[4] For more on the concept of the “mandate of heaven,” see Perry, E. J. “Challenging the mandate of heaven: popular protests in modern China.” Critical Asian Studies 33, no. 2 (2001): 163-180.

[5] See “Treaty with Japan covers islets in China spat: U.S. official” (Reuters) September 20, 2012, available at http://www.reuters.com/article/2012/09/20/us-china-japan-usa-idUSBRE88J1HJ20120920

[6] Huntington, Samuel P. “National Policy and the Transoceanic Navy. Proceedings 80 no. 5 (1954).

[7] Ibid.

[8] Wylie, J.C. Military Strategy: A General Theory of Power Control. Annapolis: Naval Institute Press, 1967. Pg. 72.

[9] Air power is a major component of both land and land-sea war and hence, is not treated separately.

[10] Arquilla, John. Dubious Battles: Agression, Defeat and the International System. Washington, DC: Crane Russak, 1992. Pg. 131.

[11] Ibid. pp. 99-129

Deciphering the Japanese Ship Guarding Act

Written by Simon O. Williams with research support credited to Michitsuna Watanabe

First released by The Maritime Executive, July 1st, 2014

Over six months since the Japanese government issued a landmark national law permitting privately contracted armed security personnel (PCASP) aboard Japanese flagged vessels, there remains confusion and uncertainty as to its scope and practical application. The legislation is entitled the “Special Measures Act for Security of Japanese Vessels in Pirate Infested Waters” of 20th November 2013, Law No.75 (Japanese Ship Guarding Act.) This Act, along with its supporting Orders and Ordinances, sets the policies, procedures, and applications for the employment of armed guards aboard Japanese flagged oil tankers. It is written exclusively in Japanese and requires not only translation, but also analysis by those seeking to provide or procure compliant maritime security services for the Japanese market.

THE ACT

Despite the Act being rolled out more than half a year ago, Japanese ship-owners and operators struggle to find foreign PCASP and private maritime security companies ready to provide their services aboard Japanese vessels.

According to Mr. Henri Vlahovic, founding director of Amniscor Ltd., which offers market entry support to companies in this sector, “while our team has developed the right compliance solutions for the constantly evolving procedures in Japan, significant challenges remain for foreign private maritime security companies to enter this new-born market. There are several reasons, including a lack of comprehensive information on policies and laws, which themselves are still not completely defined and remain emerging. This is compounded by protracted application procedures that hinder, rather than foster, advancement of this crucial new industry segment in Japan. The Japanese Ministry Of Land, Infrastructure, Transportation and Tourism (MLIT) is still missing sufficient mechanisms to attract foreign service providers, while Japanese ship-owners’ demand for high standard PCASP is steadily increasing.”

So as the demand grows, supply of services remains lacking due to the complexity of navigating the Japanese legal system, especially the hurdle of deciphering the Japanese Ship Guarding Act, which can be seen as scaring off foreign security providers.

While the world now observes a trend in piracy and maritime-armed robbery, priority areas shifting to West Africa and Malacca, the Act came into existence against the backdrop of increased PCASP deployment aboard vessels transiting the High Risk Area– the Horn of Africa and the Indian Ocean. The Japanese government accepted the correlation of increased use of PCASP with decreased successful pirate boarding in this region. Coupling this with Japan’s energy dependence being exclusively sea-borne from source countries mostly in the Middle East, authorities sought strategies to protect their vulnerable maritime assets and energy flow. However, unlike some other nations which could place PCASP on-board their ships at-will, Japanese flagged vessels were prevented from doing so as firearms possession is prohibited by the Japanese Swords and Firearms Control Law of 1958.

The recently adopted Japanese Ship Guarding Act provides an exception to this Law. The Japanese legal system is composed of three unique components: Laws, Orders, and Ordinances.

The Act itself is actually a Law, meaning that it was passed by a vote in the Diet, Japan’s parliament. However, it also includes Orders and Ordinances, which can be modified without Diet debate by the cabinet or the relevant ministry, in this case—MLIT. This allows the cabinet and MLIT the necessary legal latitude to independently adapt or expand the scope of the legislation without Diet approval, a crucial aspect to respond to the fluid nature of maritime operations and maritime threats.

THE ORDERS

According to the relevant Orders, to obtain MLIT permission for embarking armed guards on Japanese flagged vessels, the candidate vessel must be a Japanese flagged tanker carrying crude oil and meeting certain fundamental static requirements as set down in the Ordinances described below.

The Orders prescribe the use of PCASP only within a designated High Seas area in the Gulf of Aden and Indian Ocean along with a ‘passing area’ at Bab-el-Mandeb, the entrance to the Red Sea.

Japanese Ship Guarding Act Subject Area

According to Mr. Takashi Watanabe, the Deputy Director of MLIT’s International Shipping Division, the operational area remains the High Seas, beyond twelve nautical miles from shore, as prescribed by the UNCLOS framework, while the territorial sea spaces of these oceans are considered transit areas. This means that armed guards may be onboard within twelve nautical miles, designed specifically to facilitate embark and disembark procedures in a coastal state’s territorial sea, but in such locations they are forbidden from using weapons.

As these requirements are prescribed specifically in the Order and not the Act itself, the Japanese government maintains the jurisdiction to modify such specific geographic requirements as needed to adapt to fluid operational and threat conditions.

Should security operations be needed to protect the Japanese fleet in West Africa or Malacca, for example, the government maintains the power to grant these permissions in the form of a new or modified Order which can expand the subject area for a security response.

Likewise, should the need for increased protection be deemed necessary aboard vessels other than crude oil tankers, such as LNG carriers, fishing vessels, or even perhaps the Japanese whaling fleet, cabinet can similarly expand the scope of the Order to include these parameters.

THE ORDINANCES

Related Ordinances specify that in order to qualify for armed security permission, Japanese oil tankers must have a maximum speed no faster than eighteen knots fully loaded, and have a freeboard less than sixteen meters (distance between the water line and the deck or other places where humans can enter the ship.) Ships must also have a secure citadel where crew members can seek refuge and continue external communication in the event of an attack, along with primary preventative measures including a water discharging system and razor wire along exposed areas of the deck.

Application forms are included with the Ordinances as appendices available in Japanese only, which ship-owners must submit to MLIT for obtaining permission to employ PCASP aboard their Japanese flagged vessel. However, a summary of required information has been created and is presented below.

This includes applications to authorize a Ship Security Plan, modify all or part of the Ship Security Plan, confirm security personnel and their weapons, change of security personnel, submit the guarding implementation plan, and notify MLIT about lost or stolen firearms.

Ship-owners must submit a designated guarding plan for each candidate vessel to MLIT along with personal details of the PCASP and their embarked weapons. These applications are free of any charges and commissions and have validity periods of two months, after which a new application must be submitted.

DESIGNATED GUARDING PLAN

An application must be submitted to MLIT detailing the Designated Guarding Plan. This plan includes information on the ship-owner, including copies of their personal identification documents and criminal record check. It also must include details of the candidate vessel, certification of its Japanese flag possession, architectural schemes, pictures, and drawings. This evidence shall detail the equipment required under the Regulation to prevent and reduce damage by piracy, including that of the citadel, razor-wire, water discharge system, and appropriate storage facilities for firearms. Moreover, a written pledge by the Ship’s Master (Captain) must be enclosed stating that he/she is over twenty years old, and does not have any psychological or physical conditions which may impact his performance, is not a previous criminal offender, and is capable of overseeing and monitoring the possession and use of firearms onboard for special security activities.

The ship-owner or their liaison must also submit relevant documents about the PCASP to be embarked on the vessel and the company they hail from. Along with copies of relevant PCASP team leader or company director’s personal identification documents, such as residency card, a medical certification by a doctor or public body indicating this individual does not suffer from any psychological issues, addictions, or other health problems that can impact this line of work must be included. They must also submit results of a clean criminal background check indicating they have not been imprisoned in the past five years or have been a violent criminal within the last ten years. A copy of the guards or guarding company’s insurance or alternative form of liability protection demonstrating that the PCASP to be employed are insured for the scope and duration of their operations must be included.

The ship-owner or their designated liaison must submit documents indicating details of the intended voyage, cargo, number of rifles, bullets, and activities to take place on the candidate vessel during the special security period. Photographs of weapon profiles and serial numbers must be attached for the specific firearms slotted to be brought on-board.

VERIFICATION OF DESIGNATED GUARDING BUSINESS (DGB) PERSONNEL

MLIT also requires an application to verify what they call the Designated Guarding Business (DGB) Personnel, or PCASP, to be engaged in special security activities aboard the candidate vessel. This is the middle stage after ship-owner’s Designated Guarding Plan has been approved, but before they receive the final greenlight to undertake the specific maritime security operations requested in their Guarding Implementation Plan, described in the subsequent section.

The verification of Designated Guarding Business Personnel by MLIT takes approximately two months to process, so it is imperative for ship-owners to begin this process early. It requires them to provide evidence attesting to the quality and competence of the individual guards scheduled to embark upon their vessel. It requires evidence of their training and education which must be submitted in a document indicating that the individuals were trained by the relevant maritime security company along with a video demonstrating their proficiency for MLIT review and record-keeping. These videos must demonstrate (1) rifle handling and the other basic skills, (2) inspection of firearms, (3) loading / unloading various types of ammunition, (4) shooting form and weapons handling, (5) marksmanship and external variables. In some circumstances MLIT may issue a paper test to be completed by PCASP in order to verify their qualifications and education.

As is standard throughout this industry, medical certification by a doctor or public body must be produced that indicates the mental and physical health of the candidate. A document indicating the employment relationship between the maritime security company and the individual guard must be provided along with copies of the individual’s passport, residence permit, as well as a clean criminal background check indicating they have not been imprisoned in the past five years or have been a violent criminal within the last ten years. Evidence of insurance coverage for damages that can occur from their activities should also be included.

GUARDING IMPLEMENTATION PLAN

After guards are approved by MLIT, the ship-owner must submit the Guarding Implementation Plan at least five days prior to the commencement of the special security arrangements. Like the other documents, there is no fee for MLIT processing this request.

To this they must attach a copy of the contract between the ship-owner and PCASP or their hiring company along with details of the special security activities planned. This shall include navigational charts for the assigned vessel’s voyage indicating the location where weapons will be loaded/unloaded and if relevant, where PCASP will embark/disembark.

NOTIFICATION FOR LOST OR STOLEN FIREARMS

When guns are lost or stolen, the Master of the approved vessel must submit a pre-form document which is included with the Act to report the location, nature, and reason for the loss along with indication and identification of the missing items. Masters are requested to contact MLIT for updates to the document and to submit the details as soon as possible after their disappearance.

RULES FOR THE USE OF FORCE (RUF)

Mr. Takashi Watanabe of MLIT highlights that the use of firearms to deter pirates attacking a Japanese vessel remains a last resort. The preliminary steps taken beyond deterrence with razor wire are discharging water and escaping the crew into a reinforced citadel, or protected area.

To use rifles, additional steps are required. First, PCASP must warn the suspected pirates using all other means, both audio and visual, without using firearms. Second stage is warning by rifle use, safely firing warning shots into the sky or sea to deter attack.

Only in cases which the first two measures are undertaken, but the pirates do not halt their attack, are PCASP aboard Japanese flagged vessels permitted to shoot at the pirate ship for the purpose of protecting the lives of crew members.

The Japanese government’s move to permit PCASP onboard their vessels is certainly a step welcomed by the international maritime community. Its redundant safety and approval protocols will keep their seafarers safe and energy supply uninterrupted, while ensuring that PCASP operations remain monitored for compliance. Although challenging to decipher, the Japanese legal system caters specifically to this complex Act, placing its components within the numerous levels of Law, Order, and Ordinance that permit the Japanese cabinet and MLIT the flexibility to expand the Act’s scope and geographic-area as new threats against the Japanese fleet emerge and security responses evolve.

 

Written by Simon O. Williams with research support from Michitsuna Watanabe, under the auspices of Tactique Ltd. Their team remains available for contact at info@tactique.org should there be queries regarding this subject or related compliance matters.

This article is for information only and does not constitute legal consultation services.