'Stronger words' needed to define PH-China sea clash

THE government could have used “stronger words” in describing the encounter between the China Coast Guard (CCG) and the Philippine Navy during its resupply mission to the grounded BRP Sierra Madre in Ayungin Shoal last June 17, a maritime expert said on Saturday.

This comes after the government on Friday said that the incident, which resulted in injuries to several soldiers, including one who lost a finger, was just a “misunderstanding” or an “accident” and not an armed attack.

This frame grab from handout video taken on June 17, 2024 and released by the Armed Forces of the Philippines Public Affairs Office on June 19 shows China coast guard personnel appearing to wield bladed weapons during an incident off Second Thomas Shoal in the South China Sea. The Philippine military said on June 19 the Chinese coast guard rammed and boarded Filipino navy boats in a violent confrontation in the South China Sea this week in which a Filipino sailor lost a thumb. China defended its actions, with its foreign ministry saying on Wednesday that “no direct measures” were taken against Filipino personnel. Handout / ARMED FORCES OF THE PHILIPPINES-PUBLIC AFFAIRS OFFICE / AFP

This frame grab from handout video taken on June 17, 2024 and released by the Armed Forces of the Philippines Public Affairs Office on June 19 shows China coast guard personnel appearing to wield bladed weapons during an incident off Second Thomas Shoal in the South China Sea. The Philippine military said on June 19 the Chinese coast guard rammed and boarded Filipino navy boats in a violent confrontation in the South China Sea this week in which a Filipino sailor lost a thumb. China defended its actions, with its foreign ministry saying on Wednesday that ‘no direct measures’ were taken against Filipino personnel. Handout / ARMED FORCES OF THE PHILIPPINES-PUBLIC AFFAIRS OFFICE / AFP

The National Maritime Council (NMC), headed by Executive Secretary Lucas Bersamin and Presidential Adviser for Maritime Concerns Secretary Andres Centino, said the incident did not warrant the need to invoke the Mutual Defense Treaty (MDT) between the Philippines and the United States.

In a text message to The Manila Times on Saturday, Professor Jay Batongbacal, University of the Philippines Institute for Maritime Affairs and the Law of the Sea director, said, “Personally, I would have emphasized that regardless of the motivation, what the CCG did was still an unacceptable and unlawful use of force against a sovereign vessel and officials/personnel of the Philippines.”

Batongbacal said, however, that while the act of the Chinese was unlawful under international law, it was not considered to be at the scale and scope that could justify armed conflict.

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“It is being treated on the same level as a misunderstanding or accident in an isolated area, similar to a border skirmish or a frontier incident, which under international law is not sufficient for the invocation of the inherent right of self-defense as ground for hostilities,” Batongbacal said.

Batongbacal compared the situation to the recent border clashes between India and China, which had been quite violent but did not result in the outbreak of war.

“Not any and every incident can be the reason for engaging in hostilities,” Batongbacal said.

However, he said his example did not diminish how serious the incident happened or even justified the unlawful use of force by the CCG against Philippine Navy units and personnel.

About the statement of Bersamin that the government would announce any possible regular rotation and resupply missions to Sierra Madre, Batongbacal said that any announcement would not affect the current situation.

“Our resupply is always visible with or without announcements. We have been conducting them regularly anyway,” Batongbacal said.

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