Tag Archive for: South China Sea

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Tag Archive for: South China Sea

Indonesia’s 2015 Defence White Paper

Image courtesy of Flickr user sbamueller

Indonesia’s latest Defence White Paper was issued in November last year and was publically released on 31 May. It supersedes the 2008 White Paper. Although a replacement paper was produced in the dying days of the Susilo Bambang Yudhoyono presidency, ultimately, it wasn’t adopted by the Jokowi government.

White papers can be an integral part of the defence planning process or they can be little more than public relations and propaganda. The latest Indonesian paper is a cosmetic addition to a defence planning process that’s independent of the White Paper and remains largely opaque. The Paper describes the planning process but gives few clues about how Indonesia links threat assessments with defence policy, doctrine, strategy and resource constraints to produce the most effective and efficient force it can afford.

That’s driven by a concern for security and by the fact that it isn’t just a defence white paper—it’s also a national security paper outlining the responsibilities of all arms of government for defence and security more generally.

Nevertheless, if you’re looking for confirmation of Indonesia’s foreign and defence policy, its threat assessments, its international partnerships and its general priorities for the future, you’ll gain some comfort from this 130-page process—rather than outcome—oriented document.

Threat perceptions remain holistic here and elsewhere, covering the spectrum from juvenile delinquency and the LBGT community to terrorism and WWIII. Threats are classified as military, non-military or hybrid and further subdivided into known and not yet known threats with priority given to the former.

A serious external threat is deemed by Indonesia to be unlikely and the known threats are primarily domestic including terrorism and radicalism, separatism, revolt, natural disasters, border violations, piracy, theft of natural resources, pandemics, cyber warfare, espionage, and narcotics. Most of those are the first priority of other arms or agencies of government and provide little guidance for determining force structures or dispositions.

There’s been no fundamental change in Indonesia’s defence policy. It adheres to the historic non-aligned no alliances policy and its continuing support for the United Nations. Indonesia’s neighbours are reassured that it has no aggressive intent and seeks peaceful solutions to outstanding problems related to the definition of borders and other cross border tensions. The White Paper lists the contestants in the South China Sea conflict—not including Indonesia—and calls for a peaceful solution while simultaneously nominating the development of its bases in the Natuna Islands as a priority.

The White Paper advocates global partnerships to create the ‘dynamic equilibrium’ promoted by SBY to form the conditions in which no one nation dominates the region. In the absence of alliances, this is to be achieved though the development of partnerships embracing all the major regional players. That’s illustrated by the classification of both China and the US as strategic partners followed by the lesser lights. But just to be safe, Indonesia’s maritime forces will be strengthened to secure Jokowi’s Global Maritime Axis that would see Indonesia become a major production and shipping hub on the maritime cross roads of the Indian and Pacific oceans.

Indonesia can’t compete with other major regional powers so the White Paper retains a total people’s war policy and strategy that would see the whole human and material resources of the nation mobilised to deal with internal and external threats. That in turn normalises its concern and involvement in policy matters outside the remit of defence in a democracy.

Future plans seek qualitative improvements in defence capability without any addition to its current force of about 435,000 uniformed personnel. That will be based on three defence areas covering the three major maritime approaches to Indonesia from the north, including joint command and control of allotted forces and the army’s territorial commands. The army’s territorial commands remain the last ditch of defence and its political and internal security infrastructure. Defence industry will also be boosted to include funding the building of more ships, submarines, aircraft, and armoured vehicles, and the production of consumables.

The Paper is deeply concerned with creating the responsible citizen, a concern stemming from the fear of terrorism and radicalism that might gain enough support to cause internal strife that would undermine the economy or even overturn the historic compromises enshrined in the preamble to the constitution, commonly known as the Pancasila. Consequently, the Paper outlines the program begun last year to indoctrinate 100 million citizens over the next ten years as well as incorporating it in educational curricula and professional training courses.

In a dig at the last government, leading its agenda of defence priorities is the Paper’s declared support for the government’s election pledge to reassert the responsibility of the state in protecting all citizens; creating clean, effective, and respected democratic government; and creating a strong state through the reform of the justice sector.

The inclusion of such matters in the Paper is a reminder that security sector reform, as distinct from military reform, stopped in Indonesia in 2004 and hasn’t progressed much since because the executive and parliament lack the confidence to carry it to completion and/or find that having the TNI on tap remains politically expedient and convenient. It demonstrates a lack of confidence in the people and the competence and capacity of the relevant institutions and agencies, especially in the justice sector, to perform their functions effectively. Some of those concerns are justified and need serious attention but they’re also self-serving.

Like white papers around the world, it laments that the government hasn’t lived up to its past spending commitments. It seeks defence spending of 1% of GDP now, with undefined increases over the next ten years, to achieve the ‘minimum effective force’. The paper doesn’t discuss what ‘minimum’ or ‘effective’ means. The only specific capabilities mentioned are the use of satellites and drones to support maritime security.

The Paper does little to convince Indonesians of the purpose and composition of their future defence forces or to justify the money that has to be spent on them. However, it does reassure neighbouring countries of Indonesia’s benign intent.

Can the US–China Strategic and Economic Dialogue do anything about the South China Sea?

Image courtesy of Flickr user @USAsiaPacific

Is the Obama administration trying to achieve a modus vivendi with China over the South China Sea? If so, this year’s Strategic and Economic Dialogue (SED) held 6–7 June in Beijing was a good opportunity to pursue it. Now in its eighth year, the SED has proved to be an indispensable high-level policy forum for the two countries to manage disputes and expand cooperation. Chinese scholars refer to the dialogue as a valuable ‘pressure-relieving valve’ during a time of strategic tension between the two countries. US Assistant Secretary of State for East Asian and Pacific Affairs Daniel Russel has hailed the SED as a ‘flagship dialogue’ in a briefing before this year’s meetings.

The signs are, however, that the Obama administration is determined to confront China over the South China Sea, just as China is determined to continue its island building. Barely two weeks before the SED, President Obama paid a high-profile visit to Vietnam, where he announced that Washington’s decades-old arms embargo on Vietnam would be lifted. Dramatic upgrading of US–Vietnam defence relations is likely to be seen in Beijing as another attempt to ‘encircle’ China in the larger US strategy of the Asian rebalance.

Just four days after Obama’s announcement in Hanoi, US Secretary of Defense Ashton Carter delivered a speech at the US Naval Academy. In it, he criticised China for erecting ‘a Great Wall of self-isolation,’ while also announcing the Pentagon’s plan to send the latest military assets to the Asia–Pacific. Carter repeated the ‘a Great Wall of self-isolation’ characterisation again during his major speech at this year’s Shangri-La Dialogue in Singapore, just two days before the SED in Beijing.

More importantly, since the beginning of this year, the US seems to be laying down two red lines for China in the South China Sea, warning Beijing against reclaiming the Scarborough Shoal or establishing an Air Defense Identification Zone (ADIZ) over the region. In a press conference during the Shangri-La Dialogue, Carter stated that any more provocative and destabilising actions from China in the South China Sea would elicit stronger US action. Separately but almost concurrently, during a visit to Mongolia just before traveling to Beijing for the SED, US Secretary of State John Kerry said that the US would consider any Chinese establishment of an ADIZ over the South China Sea to be a ‘provocative and destabilizing act.’

The combined effect of America’s Asia policy in recent days has been to intensify strategic distrust between the two countries. In fact, it has served to overshadow the importance of SED for managing such distrust. It’s puzzling why the US has chosen to ratchet up confrontational rhetoric against China just before the SED, rather than, say, after it. Given Washington’s rather overheated rhetoric on the South China Sea, might future iterations of the SED achieve any breakthrough in this most volatile area of US–China strategic relations?

One possible answer to that question is depressing for those who hope for a quick US–China rapprochement over the South China Sea. Washington may have decided that the SED simply isn’t the best or the most effective forum for addressing the issue. When it comes to the South China Sea, the two sides simply talk past each other. That’s a reality that has been acknowledged by the commentariat, as well as by my source at the Chinese Foreign Ministry. Reasonable compromise is beyond reach.

At this year’s SED, the US side reiterated America’s support for a peaceful resolution based on international law (read: China should accept an impending ruling of the Philippines v China arbitration case), as well as its opposition to unilateral actions to alter the status quo (read: China’s island building). China, on the other hand, repeated its opposition to the Permanent Court of Arbitration case and expected US neutrality in sovereignty disputes, while refusing to give up an inch of its island building.

Given this state of affairs, the US side may have concluded that bilateral discussion—even in a forum as high-profile as the SED—is futile for realising its objectives in the South China Sea. It has therefore tried to present the issue in regional and international forums to impose diplomatic and reputational costs on China by pressuring and shaming it. But China deeply resents the US attempt to ‘internationalize’ the South China Sea issue. Not so happily, it has recently been compelled to stage its own public relations campaign to win international support for its position. The strategic and diplomatic competition between the US and China over the South China Sea is only getting worse.

It’s in the interests of both China and the US to engage in a serious dialogue on maritime security at the highest level, involving both civilian and military leaders. The SED may be expanded to include such a new track on maritime security, or such a new strategic dialogue should be created separately. That the SED hasn’t been able to achieve anything over the South China Sea says less about the institution itself than about the seriousness of US–China differences over maritime security in the Western Pacific. It’s time for both countries to recognise the severity of the differences between them and take concrete steps toward reaching a strategic compromise.

Tsai Ing-wen and Taiwan’s stake in the South China Sea

Image courtesy of Flickr user Vincent Chien

Taiwan’s new government already faces two major foreign policy challenges. The first is China’s disappointment over President Tsai Ing-wen’s inauguration speech last week. The second—which has hardly been mentioned in the strategic debate—is Taipei’s position on the upcoming ruling of the Permanent Court of Arbitration (PCA) in the Philippines versus China case.

In April 2016, the government-linked Chinese (Taiwan) Society of International Law submitted evidence to the PCA, arguing that Itu Aba (Taiping), located in the Spratly Islands chain, is an island with the right to an Exclusive Economic Zone (EEZ) and that it belongs to Taiwan. Two days before Tsai’s inauguration last week, Taiwan’s Ministry of Foreign Affairs warned that the Taiwanese government wouldn’t accept the PCA ruling unless the five PCA arbitrators and the Philippines’ representatives visit Itu Aba. Yet despite Taiwan’s vested interest in the matter, its intervention in the arbitration could have an adverse effect on its strategic and political interests.

Itu Aba is the largest feature in the Spratlys. Taiwan has occupied the island since 1945 when it became terra nullius after Japan renounced its claims in the Treaty of San Francisco and the Treaty of Taipei. Taipei’s claim dates back to 1947 when it published its U-dash line, strikingly similar to China’s infamous nine-dash line covering almost the entire South China Sea.

The PCA will rule on two issues: first, it will decide which features in the Spratlys are a low-tide elevation (LTE), a rock or an island. That has implications for the range of nautical miles of territorial waters granted around the features—EEZs can claim 200nm of territorial waters, rocks can claim 12nm, and LTEs can claim neither. Second, it will reach a verdict on the validity of the claims of China’s nine-dash line—that is, determining whether claims within a country’s EEZ are enforceable. The court, in line with the United Nations Convention on Law of the Sea, doesn’t have any jurisdiction over sovereignty.

Arguably, Taiwan has the strongest claim to an EEZ within the disputed area. Taiping Island is dry land with ‘a weak water lens’—meaning it has fresh water, and therefore potential for agriculture and permanent residency. Added to Taiwan’s continuous presence, it’s therefore the only feature in the Spratly island chain likely to be ruled an island and granted an EEZ. Taiping’s EEZ could also include an additional 150nm under Article 7 of UNCLOS, due to the rights of the coastal state over the continental shelf. Currently, Taiping is also home to one of only two airstrips in the area long enough to accommodate larger aircraft. As I have previously written on The Strategist, Taiwan has increased military and economic investments on Taiping. This month it also completed a US$100 million port upgrade and the installation of a new lighthouse.

There are two key reasons Taiwan maintains an interest in Taiping: first, the geostrategic location supports its maritime awareness in the South China Sea. In the future, Taiping could serve as a base for Taiwan’s upgraded P-3C Orion maritime patrol aircraft. Second, the island is critical to Taiwan’s assertions as a sovereign state. Taiwan’s de facto sovereignty is under increasing pressure from Beijing. Relinquishing its claim over Taiping would be a blow to Taiwan’s national pride, erode its informal independent status and undermine its sense of security. Indeed, in her inauguration speech, Tsai stated that it was her ‘responsibility to safeguard the sovereignty and territory of the Republic of China’.

However, Taiwan’s claim in the South China Sea is a double-edged sword. Despite China challenging the PCA’s jurisdiction and the Philippines’ right to bring the case to court, China has backed Taiwan’s submission. The reasons are obvious: Taipei’s challenge to the Philippines implicitly supports Beijing’s claims, and should China one day wrestle back control over Taiwan, Taiping and its EEZ would fall under Beijing’s jurisdiction. China’s control of its ‘near seas’ would also complicate the ability of the US Navy to operate in the South China Sea.

Although Taiwan’s political leadership has made it clear that its claim over Taiping is incompatible with that of China, its submission to the PCA could paradoxically benefit China and damage the new government’s goal of increased engagement with ASEAN through its ‘New Southbound policy’. Moreover, while Taipei shouldn’t relinquish Taiping, a PCA ruling in favor of the Philippines would strengthen the regional rules-based order underpinned by Washington and its allies. Taiwan’s submission threatens to undermine that result. Consequently, Washington’s de facto embassy in Taipei called former President Ma Ying-jeou’s January 2016 visit to Taiping ‘extremely unhelpful’. The PCA process will also pressure Taiwan to legally interpret its own claim over Taiping, and thus its U-dash line, which would implicitly support China’s own nine-dash line due to the historical contest over Taiwan’s independence. At the end of the day Taiwan might have best secured its interests in maritime Asia by keeping quiet.

Australia in the South China Sea: balancing interests as China flexes

This week the Pentagon ordered the USS William P. Lawrence, a guided-missile destroyer, to sail within 12 nautical miles of the land feature China has constructed on Fiery Cross Reef in the South China Sea. It’s the third time since October the US Navy has penetrated the zone, and it reaffirms Washington’s insistence that Beijing has no territorial claims to the artificial islands there.

It’s one thing for a global hegemon to keep in check a rising China. But should Australia accede to US requests to participate in freedom of navigation patrols? After all, we’re a middle power with a rapidly developing trade and commercial relationship with China and no territorial claims in the region.

Opinion varies. And it is Labor (of all parties) that’s found itself on the more assertive side of the debate.

According to Labor’s defence spokesman Stephen Conroy, Canberra should sail follow-up patrols through the 12-nautical mile zone to help deter China’s ‘belligerent behaviour’. It’s a position strongly backed by Labor grandees Kim Beazley and Gareth Evans. Conroy has also attacked the Turnbull government for prevaricating and refusing ‘to provide a proper account of what our military assets are doing in the South China Sea’. Meanwhile, John Howard has lent support to a more cautious response. In an address to the Griffith Asia Institute on 20 April, the former Liberal prime minister warned that while we should reaffirm principles of international law, ‘we should guard against overreaction’.

In an interview with The Wall Street Journal just last week, he remarked: ‘What is the alternative? To try [to] bring it to a head? No, I don’t think that is very smart… I just think we have to be patient. Don’t retreat, but be patient’. Judging by the Coalition’s reluctance to sail navy ships through the zone, the Turnbull government agrees.

The problems posed by a rising China are real and extremely difficult ones, and there’s much to be said on both sides of the matter.

International law aside, the rules for this burgeoning security competition have yet to be drawn and thus we find ourselves in a fluid situation. The Chinese fully understand this, which perhaps explains why they’ve been using salami-slicing tactics to alter the status quo to their advantage. Certainly they respect strength and will exploit weakness.

So by this reasoning, Washington ought to draw lines in the sand (water!) and create as favourable a strategic environment in East Asia as is possible. The sooner US allies do this the better, the argument goes, because the balance of power will shift against the US coalition over time. If we wait, we are told, the US and its allies would just have to do this in two or three years and we would be in a worse position then.

That’s a good example of what the distinguished Chicago University political scientist John Mearsheimer has called the tragedy of great power politics: damned if you do; damned if you don’t. But given those two alternatives, it’s better to act now than later.

All this, though, is premised on a belief that China is bent on dominating Asia and pushing the US out of the region. As US Pacific Commander Admiral Harry Harris told a US congressional committee in February: ‘I believe China seeks hegemony in East Asia. Simple as that’.

Growing Chinese strength also worries China’s neighbours, most notably Vietnam and the Philippines, causing the former foe and colony to strengthen their security ties with the US. This worries Beijing, which may try to break out of the perceived encirclement. Washington may respond with greater efforts, and not just regular freedom-of-navigation patrols. Cycles like this can lead to wars.

Which is why Howard’s case for caution is sound, especially given Beijing’s many internal challenges: environmental, demographic and not least economic. Besides, as the former prime minister points out, China is ‘exhibiting all of the tendencies of a new great power who has fairly recently arrived on the scene’. As its power rises, its definition of national interests grows and it starts to assert a sphere of influence in areas where its prosperity and stability depend. There’s nothing wrong with this behaviour—it’s the way the world works, and always has.

In these circumstances, statecraft demands cutting Beijing some slack while insisting it’s in China’s interest not to become involved in a major conflict with the US. If the Chinese met our conciliation with intransigence, the US-led coalition could be free to respond with tougher measures, including more regular freedom-of-navigation operations.

For Australia, the key is to balance China’s right to an enhanced regional profile with our own interests and commitments. Upholding the rules and customs of the open seas is an important priority. So, too, is not overreacting to some modest muscle flexing on China’s part.

One suspects Malcolm Turnbull, an astute student of Chinese history and power politics, recognises this priority. Which explains his evident caution in pushing Australian participation in freedom of navigation exercises in China’s immediate neighbourhood.

The US Navy espionage case—what does it mean for the South China Sea?


The effectiveness of the US’ counterintelligence capabilities has been brought into question in recent weeks, after it emerged
during a pre-trial hearing on 8 April that a US Navy flight officer had been charged with espionage over allegations that he passed secret information to Taiwan and possibly China. One of the most troubling aspects of the charge is that the officer may have compromised key US maritime surveillance assets and activities in the South China Sea.

According to a heavily redacted Navy charge sheet, Lieutenant Commander Edward Lin, a US citizen born in Taiwan, is accused of two counts of espionage, three counts of attempted espionage, three counts of making false official statements and five counts of communicating defence information ‘to a person not entitled to receive said information’. New information released last week revealed the evidence against Lin was at least partially the result of a government sting involving an FBI informant, whom it met with on five occasions. He has been held in pre-trial confinement in Virginia for the past eight months, after he was arrested attempting to board a plane from Hawaii to mainland China.

Taiwan, a key strategic ally to the US, has denied any involvement in the matter, which the FBI and Naval Criminal Investigative Service are jointly pursuing as a ‘national security case’. The incident, like many others made public by Snowden, reinforces the age old intelligence adage ‘there is no such thing as a friendly intelligence service, just an intelligence service of a friendly nation’.

Given Lin’s military career and knowledge of sensitive US intelligence collection methods, US authorities have plenty of reasons to be worried. Lin served on the staff of an assistant secretary of the Navy for financial management and comptroller, where he likely had access to highly classified strategic weapons planning, before being assigned in 2014 to the Special Projects Patrol Squadron at Marine Corps Air Station Kaneohe Bay as a flight officer. Lin’s experience within the patrol squadron is a serious security concern for the US. As part of the squadron, Lin had experience managing the collection of electronic signals from the EP-3E Aries II signals intelligence aircraft, whose missions include anti-surface warfare, anti-submarine warfare mining, reconnaissance and surveillance.

The Aries has undergone significant upgrades in recent years and now delivers ‘near real-time’ signals intelligence and full motion video, allowing the Navy to pinpoint threats and eavesdrop on foreign militaries. Additionally, Lin may have had access to the P-8A Poseidon surveillance aircraft. In the current military environment, any intelligence concerning how the US conducts signal operations could be highly valuable to foreign governments, presenting them with the opportunity to counter US surveillance.

The implications of this case are far-reaching, most significantly in the South China Sea where tensions between the US and China continue to intensify over the US’ military surveillance operations. Currently, both the P-8A and the EP-3E play pivotal roles in tracking China’s naval activities in the region, and as such, determining each plane’s exact capabilities and vulnerabilities is of vital importance to Beijing.

The US has been increasing its surveillance flights over the region in previous months. In December 2015 it deployed the P-8A to Singapore for the first time, in a move China described as ‘regional militarisation by the US‘. Prior to Singapore, the US had deployed the P-8A to the Philippines on a number of rotations—including for three weeks in February 2015—in order to conduct surveillance flights over the South China Sea.   

Given the ever-growing tensions in the South China Sea, access to secret intelligence has increased in value. This access provides a strategic advantage, reducing the uncertainty surrounding the actions of other countries, and offering an insight into their intentions. The latest alleged breach could have provided China with an understanding of US intelligence collection capacity, and based on the planes’ capabilities, possibly provided them with enough information to deceive US intelligence collection in the future.

In addition, there is a concern that Lin may have provided intelligence regarding how and at what range the US Navy can detect a Chinese attack submarine. The knock-on effect of this is that the PLA may now be armed with the information to allow them to avoid America’s submarine hunters.

The use of secret intelligence in the South China Sea is not limited to the US. Australia—which also conducts military surveillance in the region—will also have to come to terms with the strategic implications of this breach, and realise it may not be immune from attempts similar to these in the future.

While this isn’t the first time China has been in the position to access information on the capabilities of the US Navy, Lin’s arrest adds to increasing US concerns regarding Chinese espionage and the effectiveness of counterintelligence programs.

Given the high stakes in the South China Sea in the coming months, the Lin case is sure to grasp the attention of the US military and the general public as proceedings continue. As US authorities struggle to establish the extent to which their maritime surveillance capabilities and intelligence collection requirements have been compromised, this latest alleged incident of espionage may have implications for the US for many years to come. The next question becomes how the US will prevent it from happening again.

Australia must respond to China’s ‘little green fishermen’


China’s militarised fishing fleet is Beijing’s analogue to Russia’s ‘
little green men’. The protection of ‘innocent actors’ from local authorities (for instance, the Indonesian Coast Guard lawfully defending its EEZ) is only the latest event in which Chinese coast guard vessels were empowered to conduct acts of war.

Article 62 of the United Nations Convention on the Law of the Sea (UNCLOS) stipulates that ‘Nationals of other States fishing in the exclusive economic zone shall comply with the conservation measures and with the other terms and conditions established in the laws and regulations of the coastal State.’ Foremost among those ‘other terms’ for fishermen must be having permission to fish inside another nation’s EEZ in the first place.  

Chinese fishermen had no such permission ahead of the 19 March confrontation, and Indonesian authorities seized both boat and crew. Chinese authorities intervened in order to prevent Indonesia from enforcing its own laws within its EEZ—laws that would have seen Kway Fey 10078 summarily sunk. Indonesia’s ‘you cheat, you sink’ policy toward illegal fishing, the brainchild of Maritime Affairs and Fisheries Minister Susi Pudjiastuti, is immensely popular in Indonesia, though it has only been applied once in previous encounters with illegal Chinese fishing.

Indonesia’s seizure of Kway Fey on 19 March was fully justified by its domestic laws as well as UNCLOS. China’s shamelessly brazen and disproportionate response is synonymous with its overall defiance of international norms in defence of conveniently ill-defined ‘traditional Chinese fishing grounds.’ It fits into the pattern of recent Chinese activities to assert dominance over the South China Sea.  It also puts China’s neighbours on notice that they shouldn’t expect China to adhere to international agreements if Beijing determines that its interests aren’t served by doing so. In fact, observers now speculate that China seeks to present its control of the South China Sea as a fait accompli, reinforced by the forward deployment of what China’s foreign ministry describes as ‘defensive’ military systems onto land masses in the Paracel and Spratly islands. In addition, China has enhanced the ‘gray zone’ roles of both its coast guard and its naval paramilitary force. Just last week China engaged in maritime ‘lawfare’ by using China Coast Guard (CCG) vessels to escort unflagged Chinese fishing vessels into Malaysia’s EEZ (again, without prior permission and in defiance of international law.)

The CCG operates more than 300 vessels, over 100 of which are capable of off-shore operations far from China’s coastline. Together Indonesia, Malaysia, the Philippines and Vietnam possess fewer than 40 coast guard vessels of all types. Thus, China’s superiority in maritime lawfare is both quantitatively and qualitatively unassailable. That gives China immense leverage in any dispute, and reinforces its refusal to conduct multilateral discussions to solve multi-party disputes.

More insidious from a regional stability perspective is the growth and mission expansion of the Maritime Militia. Originally designed to augment the naval reserve, since about 2012 the maritime militia has added ‘rights protection’ to its portfolio. Moreover, China’s fishing fleet is closely integrated into the Fisheries Law Enforcement agency of the Maritime Militia. That explains the rapid response of CCG vessels to Kway Fey’s seizure—the vessel most likely possessed a military-grade transmitter linked directly to Chinese authorities. Thus, China can calibrate at will the implications of any encounter at sea between Chinese fishermen and another nation. For example, should Indonesia again seize a Chinese fishing vessel, China could invoke Article 95 of UNCLOS and demand immunity for its vessels owing to their Maritime Militia affiliation (and thus technically a ‘warship’) or even characterise the seizure of its vessels as a casus belli. Such a potentiality must give all of China’s neighbours pause, and reinforces the urgency of adopting Singapore’s recent proposal to extend the Conduct for Unplanned Encounters at Sea (CUES) protocols to those involving coast guard vessels.

China is engaged in a multi-faceted campaign to dominate the South China Sea in order to reduce all of Southeast Asia to tributary status. Australia has a vital stake in preventing this outcome and in upholding international law; it can no longer sit back and let the US bear the entire burden. In the spirit of the Defence White Paper, Australia should immediately offer to augment Indonesian and Malaysian coast guard operations in defence of their EEZs, either unilaterally—through Australia’s membership in the Heads of Asian Coast Guard Agencies Meeting regime—or through the newly-instituted Experts’ Group Meetings of the ASEAN Coast Guard Forum. Doing so will help those nations buy time to enhance their own maritime law enforcement capabilities. Just as important, it will demonstrate the Turnbull government’s commitment to meeting all four of the objectives for international engagement laid out in the White Paper: enhance ADF capability; generate and sustain Australia’s regional and global influence; generate active and effective security partnerships; and enhance international security resilience.

China: courting disaster in South China Sea

Image courtesy of Flickr user jypsygen

Peter Jennings is right to point out that siting surface-to-air missiles (SAM) on Woody Island in the Paracel Islands is a strategic game-changer for the South China Sea. It’s also the logical corollary to building fighter-length runways and installing long-range radar on reclaimed islands. In this great game of grandmother’s footsteps, it confirms what’s in store for the island bases China is building much further south, in the Spratly archipelago.

But passing over the mechanics of maritime and territorial disputes in the SCS, does China’s strategy make strategic sense? Ultimately, will island runways, jet fighters, radar and SAMs enable China to assert its territorial and maritime claims? If the bottom line is ever reached—and brinkmanship revolves upon perceptions of bottom lines—could China’s chain of unsinkable aircraft carriers ever prevail?

The principal challenge for China is that the further it presses down into the SCS, the more it requires its forces to transition from ‘air-sea denial’ capabilities to ‘air-sea control’. In strategic terms, these are quite different propositions. The first implies the power to prevent others from doing as they please. The second implies the power to do as you please because others can’t stop you.

Unfortunately for China, when the geography of the southern SCS is combined with the realities and trends of military technology, the chances of being able to assert control—in particular over the Spratly archipelago, but more generally over the whole of the nine-dash line—become increasingly remote.

In practical terms, China can build any number of radar-, fighter- and missile- equipped islands, but their value as bases for exerting air-sea power depends on China’s ability to keep them supplied. China must have the power to control air and sea communications between islands and its mainland or those military assets become potential liabilities. (While there’s a qualitative difference to air and sea supply lines, in practice that’s just a matter of endurance.)

However, as the political topography of the Spratly Islands makes clear, the potential for antagonists to interdict both air and sea passage to China’s Spratly bases is almost limitless. The Philippines and Vietnam have outposts which, if also equipped with radar, SAM batteries, and surface-to-surface missiles, could isolate Mischief Reef and Subi Reef—both scenes of fast-paced runway construction.

With its own islands to the northeast and southwest, Vietnam alone has the capabilities to blockade Fiery Cross without putting a vessel in the water or an aircraft in the sky. Militarisation would take days, involve better kit (thank-you Uncle Sam), cost little compared to China’s gigantic dredging and construction operations and exert punitive levels of risk on Chinese resupply.

So, in theory at least, China’s escalations in SCS can be countered with instruments of blockade at a relatively low cost.

The orthodox answer, for China, is naval air power. With sufficient naval forces to guarantee resupply, China’s airfields become viable propositions in a conflict situation. Sure enough, China’s aircraft carrier program is ramping up. On 31 December, Xinhua confirmed a second 50,000-ton vessel. With no hiccoughs, the Peoples Liberation Army Navy (PLA-N) may be able to operate 30 fixed-wing fighter and strike aircraft by 2019, or double if its progenitor—Liaoning—magically transitions from its current training and technology-demonstrator role.

To be sure, the traditional and primary role of aircraft carriers is to assert air-sea control, but the theoretical value of China’s emerging carrier fleet is far removed from its practical value in the cramped waters of SCS. In a conflict situation, PLA-N has to be certain its carriers and escorts will prevail before it can risk sending them in. However, the opportunities to attack a carrier fleet in SCS are almost limitless.

The logic is circular but inescapable: the carriers are the means to acquire control of communications, but only if they can definitely be protected. And the US navy has spent the best part of a decade grappling with the realisation it can’t easily protect its carriers in comparable environments against today’s Anti-Access/Area Denial (A2/AD) weapons. It has now reformulated  its doctrine accordingly.

China cannot sail a carrier fleet into a hostile southern SCS without taking lunatic risks. And this situation won’t change any time soon. We live in a technological age when the A2/AD weapons are far cheaper than the defensive weapons required to defeat them. China was on the winning side of this cardinal trend with its carrier-killer missiles. By moving to a position where it needs to assert command, it has started to play a much more expensive—and possibly losing—hand. Its adversaries will arm their islands to the teeth with A2/AD weapons, including especially sea-skimming missiles.

Thus, the logical and probable end point of militarisation in SCS will be a mutualised ability to deny access. What all sides will know is that at the flick of a military switch, the salient areas of SCS would quickly become the air-sea equivalent of trench warfare’s no-man’s land. This standoff would halt navigation in SCS. But with huge air-bases it cannot re-supply and flagships it cannot sail, a standoff would be a political-military disaster for China.

In strategic terms, the country is setting itself up for humiliation.

It’s impossible to know how China’s antagonists are calculating the situation and the optimal time, place and circumstance to precipitate a direct challenge. But if this strategic analysis is correct then it may pay dividends to let China’s expensive, diplomatically alienating and strategically unsound policy run for quite some time. As the Transvaal President Kruger said, when asked why he didn’t take forestalling action against jingo Brits: ‘You must give the tortoise time to put out its head before you can catch hold of it.’

DWP 2016: China, Australia and the US rebalance?

HMAS Stuart North East Asia Deployment

Australia enters China’s strategic landscape because of its role as a close military ally of the US. It’s seen by many inside China as the ‘southern anchor’ of America’s alliance system in the Asia–Pacific region. Yet, when compared with Japan, the ‘northern anchor’ of this system, Australia has never generated the same amount of frustration or anxiety among Chinese policymakers. Geography and history combine to produce different security dynamics in China–Australia relations, compared with China–Japan relations, despite Australia and Japan’s identical roles as a close US ally. Since the end of the Cold War, Australia has occasionally been a minor nuisance to China’s strategic planning—rarely a headache, let alone a preoccupation.

But, as the Australian government’s 2016 Defence White Paper points out, the strategic environment of the Indo–Pacific region is changing fast, and Australia must cope with a new set of security uncertainties and risks (1.6). Can the current, relatively uneventful security relationship between Australia and China last under changing circumstances?

The US rebalance to Asia and China’s recent policies in the South China Sea are intensifying strategic competition between the two countries; it’s also increasingly straining the Australia–China security relationship. China was likely embarrassed by the two US freedom of navigation operations carried out in October 2015 and January 2016. It’s not happy with Australia’s air patrols in the South China Sea either, even though the public reaction hasn’t been strong.

Beijing will pay close attention to what the DWP says about the South China Sea. It’ll also look at what the document says about the US rebalance to the region. Chinese officials aren’t so naïve as to expect Australia to lean toward China in the current strategic environment, but they’ll be looking for signs of change in Australia’s strategy toward China’s rise (such as a more forceful military doctrine targeting China), especially if such change is of a long-term nature.

In those respects, the DWP doesn’t send an encouraging signal to Beijing. On the South China Sea, it states that ‘Australia is particularly concerned by the unprecedented pace and scale of China’s land reclamation activities’. Furthermore, it declares that ‘Australia opposes the use of artificial structures in the South China Sea for military purposes’. And that Australia strongly supports freedom of navigation and overflight as well as the peaceful resolution of disputes in accordance with international law.

Those statements make it clear that Australia is supporting the US in opposing China’s island construction in the South China Sea. Judging by its air patrols, Australia is the US’s most active regional ally in asserting military power and rhetorical messaging to oppose Chinese activities—even more so than the Philippines has been.

So it isn’t surprising that China’s Foreign Ministry spokesperson described the DWP’s positions on the South China Sea as ‘negative’, nor that Beijing was said to be ‘seriously concerned and dissatisfied’ with this part of the document.

The US and ASEAN released a relevant joint declaration following the Sunnylands summit held in California in February. The document reaffirmed a set of general principles for managing maritime disputes but contained no specific reference to China or the South China Sea. After initial concerns, Beijing was relieved by the moderate tone of the joint declaration and largely chose to ignore it. Beijing might well have hoped for a similar treatment of the South China Sea from the Australian DWP. But Canberra has chosen to eliminate all ambiguities by pointing the finger at China.

Can Beijing hope for a somewhat independent or balanced Australian analysis of the changing Indo–Pacific regional order? The DWP’s treatment of the US rebalance doesn’t inspire confidence. It’s clear that Australia is supporting the US when it comes to defence strategy. As the DWP’s executive summary declares, ‘Australia will seek to broaden and deepen our alliance with the US, including by supporting its critical role in underpinning security in our region through the continued rebalance of the United States military forces.’ To be sure, the DWP also commits Australia to developing defence relations with China. But compared to defence relations with the US, the policy of developing defence ties with China appears no more than a token inclusion to prevent the Australia–China strategic relationship from deteriorating.

Australia’s firm commitment to its alliance with the US should come as no surprise to Beijing. So perhaps Beijing should simply accept Australia’s strong support for the US rebalance as a consequence of its actions in the South China Sea. Still, it’s debatable whether the US strategy of rebalance is the best option available for ensuring peace and stability in the Indo–Pacific region. Since many inside China see the rebalance as a US attempt to check Chinese influence (if not contain it), Australia’s support for the US has the potential to make it a strategic rival of China, which isn’t in Australia’s best interests. Besides, does Canberra really believe that the US attempt to maintain the status quo of US primacy—if that’s possible—is the best way to contribute to stability in the region during China’s rise?

As the DWP establishes, Australia has operated with the US in every major conflict since the First World War, including recently in Iraq and Afghanistan. Will Australia follow the US into a possible clash with China? It’s a legitimate question to ask of the DWP, and the DWP content on this topic (which proffers unconditional support for US strategy of rebalance) is surprisingly biased and shortsighted. One would hope for a more critical—or at least balanced—view of US strategy and a more long-term take on China that goes beyond the current island construction in the South China Sea. This involves two things: first, China’s South China Sea policy reflects the current inclinations of Xi Jinping’s leadership, so it could change in the future; and second, strategy needs to reflect the long-term trend of a changing power balance in the Indo–Pacific as China rises.

If Australia’s strategy toward China follows the DWP’s proposal of making Australia an appendage of the US rebalance, Canberra should desperately hope that the US and China will be able to find a modus vivendi in their strategic competition, in order to avoid breaking its security relationship with China. The irony, of course, is that Australia’s strategic future in the context of US–China relations will be decided by Washington and Beijing, with little input from Canberra.

ASPI suggests

PHOTO CAPTION: A U.S. Army Ranger pilot and female crew chief conduct flight operations in a helicopter.

My final Suggests! Keep reading for this week’s best reports, podcasts, videos and more.

Top of today’s list is the stellar biography The Good Spy: the life and death of Robert Ames (h/t Kramerbooks), a CIA officer who possessed a deep knowledge of the Middle East and an extraordinary ability to forge meaningful relationships and back-channel connections with key Arab figures. Apart from being an in-depth look at Ames’ life starting from his early days in training, it doubles as an education of Middle East politics and the dealings of the American intelligence machinery from the 1970s until his death in a 1983 truck bombing in Beirut. Listen to author Kai Bird, Ames’ neighbour in Beirut, in this Brookings podcast with Bruce Riedel on the lessons from Ames’ life and how relations between the Arab and Western worlds might be different but for his work (90mins). For more, read James Mann’s review of The Good Spy here.

Who run the world? Congratulations to the latest batch of Foreign Policy Interrupted fellows, women with impact and attitude set to amplify diverse voices in foreign policy commentary and analysis! They are Yolande Bouka (a research associate specialising in African politics and security), Cori Crider (a lawyer specialising in the most serious violations of the ‘war on terror’ including Guantánamo and CIA torture), Elina Ribakova (a fellow specialising in policy initiatives ranging from global financial architecture to migration) and Irene S. Wu (author of Forging Trust Communities: how technology changes politics).

Anna Powles and Jose Sousa-Santos have a fascinating piece on Lowy’s Interpreter on Russian arms shipments to Fiji (h/t DL). While the deal wasn’t secret (nor transparent), Powles and Sousa-Santos look at why the Fijian government was so hush-hush and whether this signal’s Fiji’s pivot away from the West. In their view, Fiji had cultivated deeper defence ties with countries like Russia and China during the era of sanctions applied by Australia, New Zealand and the US and ‘a whole new cadre of RFMF officers who received their staff course education in Russia, China, or India, for example…have no ties to Australia and New Zealand. Keep reading for Russia’s interests in the South Pacific.

The National Bureau of Asian Research has just dropped a new report that sheds light on what non-claimant states think about the South China Sea disputes. Indonesia is out of its comfort zone (daaaaaanger zone?), according to Ristian Atriandi Supriyanto while Rory Medcalf says it’s uncertain how far Australia is willing to go in asserting its rights to FoN.

Two newbies from War On The Rocks: the first by Radha Iyengar and Rebecca Friedman Lissner looks at Iran, terrorism and nonproliferation after the nuclear deal, and the second by CNAS’ Jerry Hendrix says that America has a naval presence problem.

The German military is not fit for purpose. That’s the finding of the German parliamentary ombudsman, Hans-Peter Bartels, responsible for reviewing the Bundeswehr. VICE News looks at Bartels’ report, discussing the small and ‘demoralised’ force that, according to one analyst, never created a ‘warrior class’ after the end of World War II. Even Poland’s Defense Minister Janusz Onyszkiewicz remarked that his country is ‘seriously worried’ about weaker German forces (that irony is lost on no-one). But how weak is weak? As a snapshot, only 38 of Germany’s 114 Eurofighters are operational and 29 of its 93 Tornado jets. Keep reading here for Angela Merkel’s plans to address the state of Germany’s defence.

To the special forces film junkies, Gareth Evans (no, not the foreign minister), director of the Indonesian martial arts/police action films The Raid and The Raid 2, has something new for you: a samurai film (h/t Nick Prime). Check out this five-minute clip of Evans’ latest piece, set during a civil war, on a young warrior delivering a treaty between two rival lords.

Podcasts

What did the five fingers say to the face? In a new Military Affairs podcast, Samantha Newbery discusses the history, efficacy and impact of the so-called ‘Five Techniques’ of enhanced interrogation used by British authorities in Aden, Northern Ireland and Iraq. She explores that subject at length in her book Interrogation, intelligence and security: controversial British techniques 1963–2003 and, together with Brian Stewart, examines the uses and abuses of intelligence in the real world in Why Spy? The Art of Intelligence.

What’s life like on a US Navy submarine? Do submariners listen to Lauryn Hill? What kind of whiskey do they drink? In the latest Sea Control: Asia Pacific podcast, I interview former US Navy submariners and Navy divers Walter Lyon and Josh Toth who host podcast series Diver Tough. We chat about #submarinerlife, the best tunes to listen to under the sea, the end of combat exclusion for women and Star Wars: The Force Awakens (49mins).

Video

We need to talk about war. TED.com has been encouraging a conversation on one of humanity’s oldest activities for a number of years now. Worth watching in its War Stories playlist are the then Netherlands Chief of Defense, General Peter van Uhm, on why he chose the gun (17mins), Sharmeen Obaid-Chinoy on the Taliban school for suicide bombers (9mins) and Deborah Scranton on her Iraq war movie crowd-sourced from soldiers (17mins),

Check out the trailer for the latest war film in the vein of Restrepo and Armadillo, A War. Made in Denmark, it’s a fictional story of a Danish company commander in Helmand who, making a decision that results in civilian casualties, faces a court martial upon his return home (2mins30s).

To all Strategist readers, thank you for your support over the past three and a half years.

This is Natalie Sambhi, last survivor of the original Strategist team, signing off.

Australia and the South China Sea arbitration case

Elizabeth Reef

The Permanent Court of Arbitration (PCA) in The Hague has been hearing arguments recently in The Republic of Philippines v The People’s Republic of China case over competing claims in the South China Sea. The move follows its earlier award that it had jurisdiction in the case.

Australia’s position on the case was summed up by Foreign Minister Bishop when she said the case will ‘set some legal principles against which China’s actions and the actions of other countries will be judged’. She went on to say that ‘we don’t take sides, we don’t back one player against another—that is a matter for arbitration and negotiation’.

Two aspects of the case are relevant to Australia. The first and most important is that it’s hard for Australia to criticise China for not participating in the arbitration when Australia is also one of relatively few countries that have opted out of mandatory dispute settlement under the 1982 UN Convention on the Law of the Sea (UNCLOS). The second is the possibility that Australia could be affected by the PCA introducing tighter criteria for defining ‘rocks’ and ‘islands’.

Australia lodged a declaration in 2002 stating that it doesn’t accept any of the procedures provided for in UNCLOS with respect to disputes relating to sea boundary delimitations. Australia has also lodged a declaration under Article 36(2) of the International Court of Justice (ICJ) Statute excluding sea boundary delimitation disputes from the ICJ’s jurisdiction. The Government is believed to have taken this action because it considers that maritime boundary disputes are best resolved through negotiation, not litigation.

The decision of The Philippines to seek arbitration wasn’t widely supported in ASEAN, reflecting a general preference for negotiations rather than arbitration. The EAS Statement on Enhancing Regional Maritime Cooperation adopted at the recent meeting of the East Asia Summit (EAS) in Kuala Lumpur stated an undertaking to resolve sovereignty and territorial disputes by ‘friendly consultations and negotiations’.

After Timor-Leste became independent, it entered into several agreements with Australia covering joint development of part of the Timor Sea for a period of 30 years or until a permanent seabed boundary is delimited. The main agreements are the 2002 Timor Sea Treaty between the Government of East Timor and the Government of Australia (Timor Sea Treaty); and the 2006 Treaty between Australia and the Democratic Republic of Timor-Leste on Certain Maritime Arrangements in the Timor Sea (CMATS Treaty).

Timor-Leste would like to take Australia to arbitration over maritime boundaries, but was prevented by Australia opting out of compulsory dispute resolution over maritime boundaries. Nevertheless, Timor-Leste has initiated arbitration against Australia challenging aspects of the two major treaties between the two countries.

In some similarity to the Philippines’ arbitration case, Australia believes its differences with Timor-Leste would be best resolved through consultation and dialogue rather than by arbitration. This supports a general principle that larger players in a sovereignty dispute—for example, China and Australia—want consultation and negotiation while smaller players—the Philippines and Timor-Leste respectively—seek arbitration.

The PCA will be determining the legal entitlements of some disputed features in the Spratly Islands. It’s likely to find that some features are only ‘rocks’ that can’t sustain human habitation or an economic life of their own, and aren’t therefore entitled to an exclusive economic zone (EEZ). The chief advocate for the Philippines at the recent hearing has gone as far as to claim that all the features in the Spratlys are ‘rocks’, and thus not entitled to anything more than a territorial sea. The global ramifications of the PCA accepting that claim would be significant as many countries around the world have based expansive maritime claims on features smaller than some in the Spratlys.

Australia has used small and uninhabited features to extend its maritime jurisdiction in the Timor Sea and the Coral Sea—Ashmore and Cartier Islets in the Timor Sea and Mellish, Elizabeth and Middleton Reefs in the Coral Sea. All are smaller than four major features in the Spratlys—Itu Aba and Spratly, West York and Thitu islands. Ashmore and Cartier islets were given weight in determining maritime boundaries between Australia and Indonesia although neither country has yet ratified their 1997 boundary agreement.

Mellish Reef has been used as a base-point for the maritime boundary between Australia and the Solomon Islands, which in turn used Indispensable Reef as its base-point. Mellish Reef has a small sand cay about 1.5 meters high, but Indispensable Reef is reported to have only two rocks awash at high tide. If neither of the base-points are valid, questions arise as to whether there can be a valid boundary at all. However, validity would have to be challenged by a third state and that’s unlikely. Similar difficulties arise with Elizabeth and Middleton Reefs, which are said to be periodically submerged, but have been used as base-points in the maritime boundary between Australia and France (New Caledonia).

While this concern for Australia is mainly of an academic nature, other countries around the world with maritime claims based on small outlying features will also be watching what the PCA might determine. Japan could be particularly affected with its extensive EEZ and outer continental shelf claimed from Okinotori-Shima in the Pacific Ocean—the only naturally-formed parts of this feature above high tide are several small rocks.