28 September 2018

Latest CRS Report by O’Rourke—“China’s Actions in South and East China Seas: Implications for U.S. Interests—Background and Issues for Congress”—Includes Maritime Militia Analysis

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You can also click here to access the report via the new public CRS website.

 

KEY EXCERPTS:

USE OF CHINA COAST GUARD SHIPS, MARITIME MILITIA, AND OIL PLATFORMS ………………………………………………………………………………………. 16

p. 16

Use of Coast Guard Ships, Maritime Militia, and Oil Platforms

Coast Guard Ships

China makes regular use of China Coast Guard (CCG) ships to assert and defend its maritime territorial claims, with Chinese Navy ships sometimes available over the horizon as backup forces.48 China has, by far, the largest coast guard of any country in the region, and is currently building many new ships for its Coast Guard.49 Many CCG ships are unarmed or lightly armed, but can be effective in asserting and defending maritime territorial claims, particularly in terms of confronting or harassing foreign vessels that are similarly lightly armed or unarmed.50 In March 2018, China announced that control of the CCG would be transferred from the civilian State Oceanic Administration to the Central Military Commission.51 The transfer occurred on July 1, 2018.52 In addition to being available as backups for CCG ships, Chinese navy ships conduct exercises that in some cases appear intended, at least in part, at reinforcing China’s maritime claims.53 On May 22, 2018, it was reported that China’s navy and coast guard had conducted their first joint patrols in disputed waters off the Paracel Islands in the SCS, and had expelled at least 10 foreign fishing vessels from those waters.54

Fishing Boats/Maritime Militia and Oil Platforms

China also uses civilian fishing ships as a form of maritime militia, as well as mobile oil exploration platforms, to assert and defend its maritime claims. U.S. analysts in recent years have paid increasing attention to the role of China’s maritime militia as a key tool for implementing China’s salami-slicing strategy.55 DOD states that

47 See, for example, Natalie Thomas, Ben Blanchard, and Megha Rajagopalan, “China Apprehending Boats Weekly in Disputed South China Sea,” Reuters.com, March 6, 2014. 48 See Department of Defense, Annual Report to Congress [on] Military and Security Developments Involving the People’s Republic of China 2015, pp. 3, 7, and 44, and Department of Defense, Asia-Pacific Maritime Security Strategy, undated but released August 2015, p. 14. 49 See, for example, Office of Naval Intelligence, The PLA Navy, New Capabilities and Missions for the 21st Century, 2015, pp. 44-46. 50 See, for example, Megha Rajagopalan and Greg Torode, “China’s Civilian Fleet A Potent Force in Asia’s Disputed Waters,” Reuters.com, March 5, 2014. 51 See, for example, David Tweed, “China’s Military Handed Control of the Country’s Coast Guard,” Bloomberg, March 26, 2018. 52 See, for example, Global Times, “China’s Military to Lead Coast Guard to Better Defend Sovereignty,” People’s Daily Online, June 25, 2018. 53 See, for example, Trefor Moss and Rob Taylor, “Chinese Naval Patrol Prompts Conflicting Regional Response,” Wall Street Journal, February 20, 2014. 54 Catherine Wong, “China’s Navy and Coastguard Stage First Joint Patrols Near Disputed South China Sea Islands as ‘Warning to Vietnam,’” South China Morning Post, May 22, 2018. 55 See, for example, Jonathan Odom, “China’s maritime Militia,” Straits Times, June 16, 2018; Andrew S. Erickson, “Understanding China’s Third Sea Force: The Maritime Militia,” Fairbank Center, September 8, 2017; Andrew

[CONTINUED…]

p. 17

The CMM [China Maritime Militia] is a subset of China’s national militia, an armed reserve force of civilians available for mobilization to perform basic support duties. Militia units organize around towns, villages, urban sub-districts, and enterprises, and vary widely from one location to another. The composition and mission of each unit is based on local conditions and personnel skills. In the South China Sea, the CMM plays a major role in coercive activities to achieve China’s political goals without fighting, part of broader PRC military doctrine that states that confrontational operations short of war can be an effective means of accomplishing political objectives. A large number of CMM vessels train with and support the PLAN and CCG in tasks such as safeguarding maritime claims, protecting fisheries, logistics, search and rescue (SAR), and surveillance and reconnaissance. The government subsidizes various local and provincial commercial organizations to operate militia vessels to perform “official” missions on an ad hoc basis outside of their regular commercial roles. The CMM has played significant roles in a number of military campaigns and coercive incidents over the years, including the 2011 harassment of Vietnamese survey vessels, the 2012 Scarborough Reef standoff [with the Philippines], and the 2014 Haiyang Shiyou-981 oil rig standoff [with Vietnam]. In the past, the CMM rented fishing vessels from companies or individual fishermen, but it appears that China is building a state-owned fishing fleet for its maritime militia force in the South China Sea. Hainan Province, adjacent to the South China Sea, has ordered the building of 84 large militia fishing vessels for Sansha City.56 …

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Erickson, “New Pentagon China Report Highlights the Rise of Beijing’s Maritime Militia,” National Interest, June 7, 2017; Ryan Pickrell, “New Pentagon Report Finally Drags China’s Secret Sea Weapon Out Of The Shadows,” Daily Caller, June 7, 2017; Conor M. Kennedy and Andrew S. Erickson, “Hainan’s Maritime Militia: All Hands on Deck for Sovereignty Pt. 3,” Center for International Maritime Security, April 26, 2017; Conor M. Kennedy and Andrew S. Erickson, “Hainan’s Maritime Militia: Development Challenges and Opportunities, Pt. 2” Center for International Maritime Security, April 10, 2017; Andrew Erickson, “Hainan’s Maritime Militia: China Builds A Standing Vanguard, Pt. 1,” Center for International Maritime Security, March 25, 2017; Conor M. Kennedy and Andrew S. Erickson, China’s Third Sea Force, The People’s Armed Forces Maritime Militia: Tethered to the PLA, China Maritime Report No. 1, China Maritime Studies Institute, U.S. Naval War College, Newport, RI, March 2017, 22 pp.; Michael peck, “‘Little Blue Sailors’: Maritime Hybrid Warfare Is Coming (In the South China Sea and Beyond),” National Interest, December 18, 2016; Peter Brookes, “Take Note of China’s Non-Navy Maritime Force,” The Hill, December 13, 2016; Christopher P. Cavas, “China’s Maritime Militia a Growing Concern,” Defense News, November 21, 2016; Christopher P. Cavas, “China’s Maritime Militia—Time to Call Them Out?” Defense News, September 18, 2016; Conor M. Kennedy and Andrew S. Erickson, “Riding A New Wave of Professionalization and Militarization: Sansha City’s Maritime Militia,” Center for International Maritime Security, September 1, 2016; John Grady, “Experts: China Continues Using Fishing Fleets for Naval Presence Operations,” USNI News, August 17, 2016; David Axe, “China Launches A Stealth Invasion in the South China Sea,” Daily Beast, August 9, 2016; Andrew S. Erickson and Conor M. Kennedy, “Countering China’s Third Sea Force: Unmask Maritime Militia Before They’re Used Again,” National Interest, July 6, 2016; Andrew S. Erickson and Conor M. Kennedy, “China’s Maritime Militia, What It Is and How to Deal With It,” Foreign Affairs, June 23, 2016. 56 Department of Defense, Annual Report to Congress [on] Military and Security Developments Involving the People’s Republic of China 2017, p. 56. See also pp. i, 12.

1972 CONVENTION ON PREVENTING COLLISIONS AT SEA (COLREGs)………………………………… 61

p. 61

1972 Convention on Preventing Collisions at Sea (COLREGs)

China and the United States, as well as more than 150 other countries (including all those bordering on the South East and South China Seas, but not Taiwan),160 are parties to an October 1972 multilateral convention on international regulations for preventing collisions at sea, commonly known as the collision regulations (COLREGs) or the “rules of the road.” 161 Although commonly referred to as a set of rules or regulations, this multilateral convention is a binding treaty. The convention applies “to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels.”162 It thus applies to military vessels, paramilitary and law enforcement (i.e., coast guard) vessels, maritime militia vessels, and fishing boats, among other vessels. …

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160 Source: International Maritime Organization, Status of Multilateral Conventions and Instruments in Respect of Which the International Maritime Organization or its Secretary-General Performs Depositary or Other Functions, As at 28 February 2014, pp. 86-89. The Philippines acceded to the convention on June 10, 2013.

161 28 UST 3459; TIAS 8587. The treaty was done at London October 20, 1972, and entered into force July 15, 1977. The United States is an original signatory to the convention and acceded the convention entered into force for the United States on July 15, 1977. China acceded to the treaty on January 7, 1980. A summary of the agreement is available at http://www.imo.org/About/Conventions/ListOfConventions/Pages/COLREG.aspx. The text of the convention is available at https://treaties.un.org/doc/Publication/UNTS/Volume%201050/volume-1050-I-15824- English.pdf.

162 Rule 1(a) of the convention.

REPORT SUMMARY

China’s actions in recent years in the South China Sea (SCS)—particularly its island-building and base-construction activities at sites that it occupies in the Spratly Islands—have heightened concerns among U.S. observers that China is rapidly gaining effective control of the SCS. U.S. Navy Admiral Philip Davidson, in responses to advance policy questions from the Senate Armed Services Committee for an April 17, 2018, hearing to consider his nomination to become Commander, U.S. Pacific Command (PACOM), stated that “China is now capable of controlling the South China Sea in all scenarios short of war with the United States.” Chinese control of the SCS—and, more generally, Chinese domination of China’s near-seas region, meaning the SCS, the East China Sea (ECS), and the Yellow Sea—could substantially affect U.S. strategic, political, and economic interests in the Indo-Pacific region and elsewhere.

China is a party to multiple territorial disputes in the SCS and ECS, including, in particular, disputes over the Paracel Islands, Spratly Islands, and Scarborough Shoal in the SCS, and the Senkaku Islands in the ECS. Up through 2014, U.S. concern over these disputes centered more on their potential for causing tension, incidents, and a risk of conflict between China and its neighbors in the region, including U.S. allies Japan and the Philippines and emerging partner states such as Vietnam. While that concern remains, particularly regarding the potential for a conflict between China and Japan, U.S. concern since 2014 (i.e., since China’s island-building activities in the Spratly Islands were first publicly reported) has shifted increasingly to how China’s strengthening position in the SCS is making the SCS an arena of direct U.S.-Chinese strategic competition in a global context of renewed great power competition.

In addition to territorial disputes in the SCS and ECS, China is involved in a dispute, particularly with the United States, over whether China has a right under international law to regulate the activities of foreign military forces operating within China’s EEZ. The dispute appears to be at the heart of multiple incidents between Chinese and U.S. ships and aircraft in international waters and airspace since 2001, and has potential implications not only for China’s EEZs, but for U.S. naval operations in EEZs globally.

A key issue for Congress is how the United States should respond to China’s actions in the SCS and ECS—particularly its island-building and base-construction activities in the Spratly Islands— and to China’s strengthening position in the SCS. A key oversight question for Congress is whether the Trump Administration has an appropriate strategy for countering China’s “salami-slicing” strategy or gray zone operations for gradually strengthening its position in the SCS, for imposing costs on China for its actions in the SCS and ECS, and for defending and promoting U.S. interests in the region.

 

CLICK BELOW FOR THE FULL TEXT OF SOME OF THE PUBLICATIONS CITED IN O’ROURKE’S CRS REPORT:

Andrew S. Erickson, “Understanding China’s Third Sea Force: The Maritime Militia,” Harvard Fairbank Center Blog Post, 8 September 2017.

Andrew S. Erickson, “New Pentagon China Report Highlights the Rise of Beijing’s Maritime Militia,” The National Interest, 7 June 2017.

Conor M. Kennedy and Andrew S. Erickson, “Hainan’s Maritime Militia: All Hands on Deck for Sovereignty, Pt. 3,” Center for International Maritime Security (CIMSEC), 26 April 2017.

Conor M. Kennedy and Andrew S. Erickson, “Hainan’s Maritime Militia: Development Challenges and Opportunities, Pt. 2,” Center for International Maritime Security (CIMSEC), 10 April 2017.

Conor M. Kennedy and Andrew S. Erickson, “Hainan’s Maritime Militia: China Builds a Standing Vanguard, Pt. 1,” Center for International Maritime Security (CIMSEC), 26 March 2017.

Conor M. Kennedy and Andrew S. Erickson, China’s Third Sea Force, The People’s Armed Forces Maritime Militia: Tethered to the PLA, China Maritime Report 1 (Newport, RI: Naval War College China Maritime Studies Institute, March 2017).

Conor M. Kennedy and Andrew S. Erickson, “Riding a New Wave of Professionalization and Militarization: Sansha City’s Maritime Militia,” Center for International Maritime Security (CIMSEC), 1 September 2016.

Andrew S. Erickson and Conor M. Kennedy, “Countering China’s Third Sea Force: Unmask Maritime Militia before They’re Used Again,” The National Interest, 6 July 2016.

Andrew S. Erickson and Conor M. Kennedy, “China’s Maritime Militia: What It Is and How to Deal With It,” Foreign Affairs, 23 June 2016.

Peter A. Dutton and Andrew S. Erickson, “When Eagle Meets Dragon: Managing Risk in Maritime East Asia,” RealClearDefense, 25 March 2015.

Andrew S. Erickson and Emily de La Bruyere, “Crashing Its Own Party: China’s Unusual Decision to Spy on Joint Naval Exercises,” China Real Time Report (中国实时报), Wall Street Journal, 19 July 2014.

Andrew S. Erickson and Emily de La Bruyere, “China’s RIMPAC Maritime-Surveillance Gambit,” The National Interest, 29 July 2014.

Andrew S. Erickson, “PRC National Defense Ministry Spokesman Sr. Col. Geng Yansheng Offers China’s Most-Detailed Position to Date on Dongdiao-class Ship’s Intelligence Collection in U.S. EEZ during RIMPAC Exercise,” China Analysis from Original Sources 以第一手资料研究中国, 1 August 2014.

Ryan D. Martinson and Andrew S. Erickson, “Re-Orienting American Sea Power For The China Challenge,” War on the Rocks, 10 May 2018.