FONOPs during the Obama administration

During the administration of President Barack Obama, there were six instances of the United States Navy performing a freedom of navigation operation (FONOP) in the South China Sea (SCS). During the same period the USN also performed multiple other FONOPs in other parts of the world. The SCS operations involved Arleigh-Burke class guided missile destroyers assigned to United States Seventh Fleet. The U.S. FONOP program began in 1979[1] and the Department of Defense (DoD) keeps public records of FONOPs since 1991 on its website.[2] The Department of State (DoS) provided guidance to the DoD on conducting FONOPs, with a particular focus on the South China Sea and East China Sea, while pushing back on the People's Republic of China and their "excessive territorial claims", specifically with the Spratly Islands, Paracel Islands, and Senkaku Islands.[3]

Timeline of FONOPs during the Obama administration

  • Paracel Islands and China's excessive baseline claim
    August 15, 2013– USS Curtis Wilbur (DDG-54) patrols the Philippine Sea.[4]
  • May 21, 2015– US P-8A Poseidon conducts an overflight of Fiery Cross Reef.[5]
  • October 27, 2015– USS Lassen (DDG-82) transits within 12 nautical miles of Subi Reef and Mischief Reef.[6]
  • January 30, 2016– USS Curtis Wilbur (DDG-54) transits within 12 nautical miles of Triton Island in the Paracel Islands.[7]
  • May 10, 2016– USS William P. Lawrence (DDG-110) transits within 12 nautical miles of Fiery Cross Reef in the Spratly Islands.[8]
  • October 21, 2016– USS Decatur (DDG-73) transits near Triton Island and Woody Island in the Paracel Islands.[9] Although this was not within the 12 nautical mile boundaries of each island, it did contest the excessive baseline claims by China.[10]
  • January 20, 2017– Formal end of Barack Obama's presidency with inauguration of President Donald Trump

Background

Although the South China Sea disputes have brought the most media attention between 2012 and 2017, China has many excessive claims in contrast to international law.

The Chinese People's Liberation Army (Navy) had established a significant presence in vicinity of the Paracel (Xisha) Islands through their own FONOPs prior to their confrontation with Vietnam during the Battle of the Paracel Islands in 1974. According to Chinese Law, specifically the 1992 Territorial Sea/Contiguous Zone (1992 TS/CZ) Law, China has full ownership of the Paracel Islands, which has created tension with the Socialist Republic of Vietnam and the Republic of China (Taiwan).[11]

In 1983, President Ronald Reagan declared that the U.S. would not ratify the 1982 Third United Nations Convention on the Law of the Sea (UNCLOS III). China signed and ratified UNCLOS III in 1996.[12] Nevertheless, the U.S. Navy- under the Obama administration- has operated in accordance with UNCLOS III with the use of innocent passage, proper communications, and respect for nations' territorial waters.[13]

Throughout Obama's presidency, the US Navy's Seventh Fleet routinely patrolled the Indo-Asia-Pacific to maintain the freedom of seas

United States Pacific Fleet vessels spent a combined total of 700 days in the South China Sea during 2015 alone.[14] This includes vessels assigned to Carrier Strike Group 5, which included the USS George Washington (CVN-73) until the summer of 2015, at which point the USS Ronald Reagan (CVN-76) took its place in the homeport of Yokosuka, Japan after a hull swap in San Diego, CA.[15][16]

The Hague – International Tribunal's 2016 ruling

On July 12, 2016, the Hague's International Tribunal for the Law of the Sea ruled in the Permanent Court of Arbitration that the People's Republic of China's claims were excessive and violated the Republic of Philippines' sovereignty when they.[17]

The Philippines filed the case on 22 January 2013[18] with a strong backing from President Benigno Aquino.[19] Although the Obama administration did not overtly back the Philippines in the case, President Obama and Secretary John Kerry did publicly express support for the right of sovereign nations to follow international law and norms and to dispute disagreements in the legal and appropriate forums, although emphasizing that since the US is not a claimant they are a neutral party.[20] China declared that it did not recognize the jurisdiction of the tribunal prior to proceedings,[21] and requested the Philippines to do the same. Meanwhile, the Obama administration continued to urge all nations to follow international law and abide by the ruling for the remainder of Obama's presidency.

Military exercises with SCS island claimants and the United States

Claimants to the South China Sea island disputes include Brunei, China, Indonesia, Malaysia, Philippines, Taiwan and Vietnam. Although the US is neutral in the disputes, the American military participates in training exercises with each claimant. During the 2016 Arbitration ruling, the Chinese Navy's CNS Changdao and divers participated in RIMPAC 16. Exercise CARAT and Balikatan are among several annual exercises involving these same nations.

  • From top left, the guided missile destroyer USS John S. McCain (DDG-56); the Philippine frigates BRP Gregorio del Pilar (FF-15) and BRP Ramon Alcaraz (FF-16); and the amphibious dock landing ship USS Ashland (LSD-48) while in formation during CARAT Philippines 2014.
    From top left, the guided missile destroyer USS John S. McCain (DDG-56); the Philippine frigates BRP Gregorio del Pilar (FF-15) and BRP Ramon Alcaraz (FF-16); and the amphibious dock landing ship USS Ashland (LSD-48) while in formation during CARAT Philippines 2014.
  • The Indonesian navy corvette KRI John Lie (358) lines up for a combined gunnery exercise behind the U.S. Navy littoral combat ship USS Fort Worth during the underway phase of CARAT Indonesia 2015.
    The Indonesian navy corvette KRI John Lie (358) lines up for a combined gunnery exercise behind the U.S. Navy littoral combat ship USS Fort Worth during the underway phase of CARAT Indonesia 2015.
  • USNS Salvor operates with the CNS Changdao in a submarine rescue and dive/salvage exercise during Exercise RIMPAC 16.
    USNS Salvor operates with the CNS Changdao in a submarine rescue and dive/salvage exercise during Exercise RIMPAC 16.

See also

References

  1. ^ "U.S. Destroyer Passes Near Chinese Artificial Island in South China Sea Freedom of Navigation Operation – USNI News". USNI News. May 10, 2016. Archived from the original on May 19, 2017. Retrieved April 3, 2017.
  2. ^ "Under Secretary of Defense for Policy > OUSDP Offices > FON". policy.defense.gov. Archived from the original on May 10, 2017. Retrieved April 3, 2017.
  3. ^ O'Rourke, Ronald (2016). "Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China: Issues for Congress" (PDF). Congressional Research Service. 7–5700: 92. Archived (PDF) from the original on May 15, 2017. Retrieved April 3, 2017 – via fas.org.
  4. ^ Hilkowski, Ellen. "USS Curtis Wilbur Departs Yokosuka for Routine Patrol". Archived from the original on September 20, 2017. Retrieved April 3, 2017.
  5. ^ "Obama says will ensure freedom of navigation in South China Sea". Reuters. May 24, 2017. Archived from the original on May 19, 2017. Retrieved April 3, 2017.
  6. ^ "US launches FoNOPS in the South China Sea: Better late than never? | Lowy Institute". www.lowyinstitute.org. Archived from the original on September 20, 2017. Retrieved April 3, 2017.
  7. ^ "We should think carefully about an Australian FONOP in the South China Sea | Lowy Institute". www.lowyinstitute.org. Archived from the original on September 20, 2017. Retrieved April 3, 2017.
  8. ^ "US Navy carries out third FONOP in South China Sea | Lowy Institute". www.lowyinstitute.org. Archived from the original on May 18, 2017. Retrieved April 3, 2017.
  9. ^ "U.S. Warship Conducts South China Sea Freedom of Navigation Operation – USNI News". USNI News. October 21, 2016. Archived from the original on May 18, 2017. Retrieved April 3, 2017.
  10. ^ U.S. Department of State, Office of Ocean and Polar Affairs, Bureau of Oceans and International Environmental and Scientific Affairs (December 5, 2014). "China- Maritime Claims in the South China Sea" (PDF). Limits in the Seas. 143: 26. Archived (PDF) from the original on February 20, 2020. Retrieved May 27, 2019 – via U.S. Department of State.{{cite journal}}: CS1 maint: multiple names: authors list (link)
  11. ^ Xue, Guifang. "China and the Law of the Sea: An Update". International Law Studies- International Law and Military Operations. 84: 97–110. Archived from the original on June 27, 2013. Retrieved April 3, 2017 – via US Naval War College.
  12. ^ Kuok, Lynn (2016). "The U.S. FON Program in the South China Sea- A lawful and necessary response to China's strategic ambiguity" (PDF). Brookings- East Asia Policy Center. Paper 9: 1–38. Archived (PDF) from the original on September 5, 2016. Retrieved April 3, 2017 – via Brookings.
  13. ^ Sulmasy, Glenn; Tribolet, Chris (2012). "The United Nations Convention on the Law of the Seas". National Security Law in the News: 1–12.[permanent dead link]
  14. ^ "U.S. Show of Force in the South China Sea". Foreign Policy Blogs. March 8, 2016. Archived from the original on January 29, 2017. Retrieved April 3, 2017.
  15. ^ Bayas, Paolo. "Hull Swap Begins: George Washington Arrives in San Diego". Archived from the original on May 30, 2017. Retrieved April 3, 2017.
  16. ^ "Carrier Hull Swap Ends with Return of Last of 'The Three President's Crew' – USNI News". USNI News. January 16, 2016. Archived from the original on September 20, 2017. Retrieved April 3, 2017.
  17. ^ Perlez, Jane (July 12, 2016). "Tribunal Rejects Beijing's Claims in South China Sea". The New York Times. ISSN 0362-4331. Archived from the original on July 13, 2016. Retrieved April 5, 2017.
  18. ^ "PCA :: Case view". pcacases.com. Archived from the original on July 11, 2016. Retrieved April 5, 2017.
  19. ^ "Aquino on arbitration tribunal ruling: It is a victory for all nations". cnn. Archived from the original on July 18, 2016. Retrieved April 5, 2017.
  20. ^ "Kerry to urge ASEAN to find diplomatic ways to ease South China Sea tensions". Reuters. July 23, 2017. Archived from the original on August 23, 2016. Retrieved April 5, 2017.
  21. ^ "Philippines asked to 'disregard' tribunal ruling on South China Sea, foreign minister says". BBC News. July 19, 2016. Archived from the original on March 15, 2017. Retrieved April 5, 2017.