Retired Supreme Court Associate Justice Antonio Carpio has criticized China following its aggressive and illegal actions in Ayungin Shoal, echoing earlier statements from other stakeholders that such behavior is tantamount to a “serious escalation.”
Carpio said China through its Coast Guard and maritime militia forces clearly and seriously violated the international rules-based order when it boarded a Philippine vessel and harmed Filipino soldiers, who were conducting a lawful rotation and resupply mission last Monday, June 17.
“It’s serious when one State boards the naval vessel of another State. That’s serious because naval ships enjoy sovereign immunity. They cannot be arrested. If they are in the EEZ (exclusive economic zone), they have freedom of navigation. They have the right to be there,” Carpio said.
“This is really a blatant violation of international law of UNCLOS (United Nations Convention on the Law of the Sea). In that sense, it’s an escalation of China because they boarded and they towed one of our auxiliary ships,” he added.
UNCLOS stipulates that all states, whether coastal or land-locked, enjoy freedoms of navigation and overflight, among other internationally accepted rights.
“These freedoms shall be exercised by all States with due regard for the interests of other States in the exercise of the freedom of the high seas,” the Convention added.
Carpio acknowledged the messages of the international community—including the United States, European Union, Australia, Japan, and other nations—which expressed solidarity with the Philippines in condemning China for its actions.
“They (international community) are invested that UNCLOS survives, that UNCLOS applies to the South China Sea. We are lucky that they are equating [the attacks of China] to the collapse of UNCLOS,” he noted.
Carpio further made recommendations moving forward in response to China’s attacks, particularly advocating for investment in advanced maritime equipment capable of matching or surpassing Beijing’s coast guard capabilities.
“I think we should use fast boats. If you saw the picture, it was more like a thug boat. It was not a fast craft. You cannot bring a slow boat in that area because Chinese militia will swarm at you,” the former justice said.
“What we need are fast crafts. Small crafts but very fast that can go to the shallow waters for the purpose of resupplying Sierra Madre. But we can also use helicopters. Our Coast Guard vessels can carry helicopters. There are many ways of resupplying,” he added.
