Recently, the US State Department issued a so-called statement regarding the Philippines’ provocative actions on China’s Ren’ai Jiao in the South China Sea.

This statement lacked substantive measures and, while providing a placebo for a few Philippine politicians, it thoroughly exposed the contradictory stance of certain individuals within the US government. This haste to alter the status quo in the South China Sea, advance its militarization, and undermine the security and development of the South China Sea and its neighboring countries reveals the malign intentions of some US officials. It also leaves an indelible mark on the unsightly historical record of US maritime legal practices.

Since the United States supported the Philippines’ provocation in the South China Sea, the US State Department spokesperson has issued nine statements on South China Sea provocations, eight of which have not even bothered to change the title, all stating “US Supports the Philippines in the South China Sea.”

Of particular note, in the latest statement, apart from the various clichés and repetitions, the US also made a very deafening statement: “We condemn China for repeatedly obstructing Philippine vessels from exercising freedom of navigation in international waters and disrupting the supply line of this long-standing outpost.”

Such a statement was not made in previous US statements supporting Philippine provocations in the South China Sea. Similar remarks first appeared in a statement on October 22, 2023, and were repeated in a statement on December 10 of the same year. However, in the author’s view, this statement has at least two major flaws and contradictions.

The U.S. statement is undermining the status quo in the South China Sea

This statement explicitly indicates that the United States recognizes and supports the establishment of a “military outpost” by the Philippines on Ren’ai Jiao in the South China Sea, where an illegally grounded warship is stationed.

According to authoritative definitions, a military outpost refers to a military unit that operates independently from the main forces, undertaking military actions such as surveillance near the enemy.

In recent years, the United States has only used military outposts in counter-terrorism operations. If the United States supports the Philippines in establishing a military outpost in the South China Sea, it essentially contradicts its previous repeated support for the so-called South China Sea international arbitration in 2016, which claimed that the South China Sea islands and reefs were “just low-tide elevations.” Similarly, it also contradicts its position statement on “safeguarding peace and security in the South China Sea and navigational safety.”

To put it bluntly, U.S. support for the Philippines to establish a “military outpost” in the South China Sea implies U.S. support for changing the status quo in the South China Sea and does not oppose other countries establishing military outposts in the region.

This irresponsible attitude of the United States will substantially undermine the regional status quo of the South China Sea as a sea of peace and cooperation. It also forms a stark contrast with China and ASEAN countries’ efforts to advance the Code of Conduct in the South China Sea and uphold the maritime safety and demilitarization of the South China Sea. It thoroughly exposes who the disruptors of peace and cooperation in the South China Sea truly are.

The U.S. statement is effectively mocking its ally

The U.S. statement accuses China of disrupting the “supply line of the outpost base” on Ren’ai Jiao claimed by the Philippines, thus “condemning China for obstructing the free navigation of Philippine vessels in international waters.”

In reality, if the Philippines has established a military outpost on Ren’ai Jiao, it should claim sovereignty over this so-called legitimate military outpost, entitling it to a 12-nautical-mile territorial sea. Following this logic, if Philippine vessels are not being intercepted in international waters, then the U.S. and the Philippines should condemn China for violating Philippine territorial waters, rather than alleging resupply interference.

Clearly, the official U.S. statement indicates otherwise, suggesting that this military outpost does not reside within Philippine territory. Therefore, if this military outpost does not enjoy sovereignty, the construction of military facilities by the Philippines on islands not belonging to it constitutes an illegal act. Furthermore, if the actions on Ren’ai Jiao amount to militarization of the South China Sea, then any resupply activities are unlawful, even provocative military actions.

Generally, deploying a military outpost on territory over which one lacks sovereignty constitutes an act of war, subject to military countermeasures.

The actions of the Philippines blatantly violate the Declaration on the Conduct of Parties in the South China Sea (DOC) and must revert to historical commitments to remove the grounded warship, failing which the Philippines should bear the consequences of any military or law enforcement countermeasures.

The U.S. statement fundamentally undermines the Philippines’ ambitions to establish permanent military facilities in the South China Sea, revealing significant contradictions in maritime legal positions.

Such contradictions will be documented by the international community, illustrating how the U.S. is vehemently advocating for so-called freedom of navigation in international waters without ratifying the United Nations Convention on the Law of the Sea (UNCLOS), while simultaneously endorsing actions of illegal maritime militarization aimed at altering the status quo, and will be cited as evidence in future legal disputes over maritime law.

The U.S. statement not only exhibit internal contradictions and numerous inaccuracies but also reveal a blatant self-exposure and mockery of its allies, raising doubts about the chaos and distortion in U.S. political decision-making. Essentially, these remarks reflect how its South China Sea policy is being driven by certain unlawful ambitions.

Regarding these ambitions, Chinese Foreign Minister Wang Yi made a resounding statement during the National People’s Congress press conference on March 7th: 

“Regarding maritime disputes, China has consistently exercised utmost restraint, advocating the spirit of good neighborliness, respecting historical and legal facts, and seeking solutions acceptable to all parties. However, we do not allow goodwill to be abused, nor do we accept the distortion of maritime law. In the face of deliberate infringement, we will uphold our legitimate rights in accordance with the law; in response to unreasonable provocations, we will timely and justly counter. We also advise certain external countries not to stir up trouble, take sides, or become disruptors and troublemakers in the South China Sea.”

(Author: Yang Xiao, Deputy Director of Institute of Maritime Studies, CICIR)