China Tests Philippine Sovereignty And U.S. Commitment To International Law

Since Russia invaded Ukraine, China has claimed to respect the principle of sovereignty while recognizing Russia’s security interests. When it comes to The Philippines’ sovereignty, however, China shows no respect. China has increasingly, repeatedly, and brazenly violated The Philippines’ sovereignty, in violation of international law. On March 27, The Philippines made public that three weeks earlier, a Chinese Coast Guard (CCG) vessel nearly rammed a Philippine Coast Guard (PCG) vessel near Scarborough Shoal, a maritime feature within The Philippines’ Exclusive Economic Zone that China illegally claims. The incident occurred as The Philippines was gearing up for a massive military exercise involving approximately 9,000 U.S. and Philippine troops. The Philippines’ diplomatic responses have caused no change in China’s behavior. To better assert the rule of law in the South China Sea, the U.S. should support The Philippines and publicize and condemn China’s illegal behavior—using lawfare.

Scarborough Shoal has long been a flash point for maritime disputes between The Philippines and China. The Shoal is surrounded by rich fishing grounds about 200km off the coast of The Philippines’ Luzon island. China has effectively controlled access to the Shoal since 2012, blocking Filipino fishermen from their traditional livelihoods. After a major standoff in 2012, The Philippines filed a lawsuit against China for violations of the UN Convention on the Law of the Sea at the Shoal and for building militarized, artificial islands elsewhere in Philippine waters. The tribunal invalidated China’s “Nine-Dash Line” claim to maritime features in The Philippines’ waters, including Scarborough Shoal, and held the artificial islands to be illegal. After the ruling, China allowed Filipino fishermen access to the Shoal for a time.

In 2019, however, China began blocking Filipino fishermen from the Shoal again, and ramped up its aggressive actions in Philippine waters. The PCG has reported four incidents of “close distance maneuvering” by CCG vessels since May 19, 2021. In each episode, a Chinese Coast Guard (CCG) ship sailed dangerously close to a PCG vessel, constraining its ability maneuver, in violation of the 1972 International Regulations for Preventing Collisions at Sea. The second and third close distance maneuvering incidents, on June 1 and 2, 2021, occurred during the Philippine Coast Guard (PCG) maritime capability enhancement exercises in Scarborough Shoal. On March 2, 2022, during PCG patrol operations in Scarborough Shoal, the CCG ship maneuvered within 21 yards of the PCG ship. The timing suggests China’s actions may have been a response to what the Philippine Coast Guard calls “intensified maritime operations” to protect fishermen at the Shoal that began in late February, and the increasing presence of Filipino fishermen as a result. But the proximity of the incident to the U.S.-Philippine exercise Balikatan suggests China had additional motivations.

The Scarborough Shoal incidents are part of a broader pattern of China’s infringement on Philippine sovereignty and attempts to assert control over the South China Sea. In response to the March 2 incident, The Philippines lodged its standard response: a diplomatic protest with China. After the incident became public, The Philippines asserted its “full sovereignty” over Scarborough Shoal and its territorial sea. Meanwhile, China claimed Scarborough Shoal as part of its “inherent territory” and warned The Philippines to cease its patrols there. The Philippines’ Foreign Affairs Secretary Teodoro Locsin will visit China later this week. On Tuesday, the U.S. State Department announced that it would send a senior policy advisor to the Secretary of State, Counselor Derek Chollet, to visit Manila and consult with Philippine officials on joint efforts to support the rule of law and ensure freedom of navigation in the South China Sea.

The U.S. and The Philippines must shift their strategy to deter China’s illegal infringement on The Philippines’ sovereignty. The Philippines explained the three-week delay in publicizing the March 2 incident occurred because they first wanted “to give way” to further verification and diplomatic actions. Slap-on-the-wrist diplomatic protests, however, have not changed China’s behavior. Silence is no longer an option—and it is playing into China’s hands. China’s habit of timing provocations before and during military exercises suggests that China is threatened by the relationship between the U.S. and The Philippines and wants to test it. China knows that the U.S. and The Philippines wish to avoid war over Scarborough Shoal. China is banking on the opposite: that both will remain silent in the short term or indefinitely. By remaining silent, the U.S. and The Philippines give the appearance that they are appeasing China—exactly what China wants to portray before its own people, its neighbors, and the world. China can publicly and privately question why the U.S. stands by silently as China threatens its ally’s sovereignty and violates international law. No doubt some Filipinos, too, are asking whether the U.S. is willing and able to uphold its alliance and protect international law.

The U.S. and The Philippines must work together to illuminate and criticize China’s illegal behavior. They should promptly publicize every incident of China’s illegal behavior, and lay bare the illegalities in diplomatic statements in the press. They should continue to pursue additional international legal proceedings against China. China cares greatly about having its actions perceived as legal and legitimate and uses the language international law to defend its own actions. When its behavior is questioned in legal terms, China is forced onto the defensive, and scrambles to justify its actions before its own people and before the world. To preserve sovereignty and the rule of law in the South China Sea, The Philippines and the U.S. need to change their strategy and launch a truth offensive—using lawfare.