[GA] Resolution for Action against China's violation of International Law

[Apingdaldal]

THE GLOBAL ASSEMBLY (EST 2010)​

RESOLUTION PROPOSAL FORM​ SECRETARY GENERAL​ HEADQUARTERS​ # SERIAL NUMBER​ Mr. Gregory Figueroa​ London, United Kingdom​ PHI​

​ [ASSEMBLY MEMBER]: Teodoro Locsin Jr. (Philippines) [DATE]: 25/09/2018 [SUBJECT]: Resolution/Punitive Action against China's violation of GA Resolution for Law of the Sea [DRAFT]: The Federal Republic of the Philippines is seeking for the legal intervention of the Global Assembly for dealing with China's illegal incursion inside the Spratly Group of Island - blatantly violating the GA Resolution for Law of the Sea. As explicitly stated in Chapter 4 Paragraph III of the GA Resolution of Law of the Sea, "Disputed Waters are left outside of the present Law, until the Coastal States disputing it resolve it. No military vessels from the coastal states involved in the dispute, with the exception of passage, are authorized to operate within the disputed zone.". Furthermore, China is claiming the Spratly Island as it's "Celestial territory" (please refer to Exhibit # 2). Attached herewith are the supporting document and evidences of the Chinese Navy incursion. signed: Teodoro Locsin Jr. Permanent Representative to the Global Assembly Federal Republic of the Philippines = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = SUPPLEMENTARY DOCUMENTS / FILES: Exhibit # 1: Photo's of Type 055 Chinese destroyer Tianjin and Chinese destroyer Xi'an. (https://modernnations.com/threads/oplan-kabutihan.2563/#post-8932) Exhibit # 2: Recording of the Philippine Coast Guard radio communication with Chinese Destroyer Tianjin. (PCG-chinks.wav) Exhibit # 3: Bearing and voyage data logs from Philippine Coast Guard ship CGF-007 BRP Cape San Agustin (CGF-007 logs.txt) ​

 

[Jamie]

The British Delegation for the GA would attend, pending for the meeting to begin.

 

[Jace]

The Kingdom of Singapore would send their own delegation to represent the country in the event of a meeting to begin.

 

[HeadlessSeeker]

The Vietnamese delegation for the GA would arrive in full formal wear. Each having a copy of the draft and supplementary documents. They would take their seats and wait for the meeting to begin.

 

[Centurius]

The Celestial delegation would attend.

"First of all I must protest the referring to the Celestial Empire as China. While the Celestial Empire resides on the territory generally known as China and Chinese continues to be the demonym of our people. The official name is Celestial Empire, or in its original Mandarin Tiāncháo Diguo. As for the matter currently outstanding. The Celestial Empire does not believe it acted in violation of the Global Assembly Resolution on the Law of the Sea. Our core arguments were already outlined by our very patient crew but I will provide it in full here.

First of all, the People's Liberation Army Navy has been tasked with providing direct aid to the Coast Guard. Ships in our territorial waters and international waters between them serve in a policing capacity, protecting shipping and preventing piracy in some of the busiest waterways of the world. An effort that benefits all of the countries transiting through these waters.

Second, the resolution does not provide a definition for what constitutes a military vessel. The Celestial Empire maintains that a vessel operating under the umbrella of the Coast Guard constitutes a police vessel. We are not aware of any piece of international law that counters this.

Third, if the Global Assembly were to hold that this is not the case it needs to pass a new resolution to that extent and that there can be no punitive action for something that does not constitute a crime at this time. Such a resolution would need very clear definition concerning the difference between police and military vessels and provide adequate time for affected states to modify their operations.

Fourth, we would argue that the Philippines itself is using its Coast Guard vessels in a military capacity by supplying illegal settlers on islands that are either deemed disputed or the sovereign territory of the Celestial Empire. As such rather than a mission of patrol, it is a mission sustaining the illegal occupation of disputed territory.

As such the Celestial position is and remains that there is no violation of the Law of the Seas in both its text and spirit and that the Tianjin and Xi'an is engaged in a peaceful policing operation to make sure that all nations can enjoy passage through the seas without a need to fear criminals."

Liu Jieyi would conclude the Celestial response before other members of the delegation would give the delegates in attendance copies of official Celestial documents ordering the People's Liberation Army Navy to engage in policing operations under command of the Coast Guard as well as logs from the Captains of both ships showing the same, its own copies of radio communications and a brief from the Minister of Public Security outlining the extent of PLA policing operations in more detail.

 

[VoodooNova]

The Indian delegation would attend the meeting, observing the events as they unfold.

 

[NagandEmerald]

The German delegation for the GA would attend, taking note of the Chinese delegation's statements, and writing down their own notes. The delegation, led by Peter Wittig, would be discussing with one-another in hushed German whispers.

 

[Dutchy]

The Dutch delegation would take their place and read the transcripts to catch up.

 

[Apingdaldal]

Teodoro Locsin Jr. would adjust his microphone and make his statement.

"Let me respond / rebut on Liu Jieyi statement, point-by-point.

First is you said: "the People's Liberation Army Navy has been tasked with providing direct aid to the Coast Guard. Ships in our territorial waters and international waters between them serve in a policing capacity, protecting shipping and preventing piracy in some of the busiest waterways of the world. An effort that benefits all of the countries transiting through these waters."

An undeclared number of warship, with at least a pair of fully-armed guided missile destroyers policing international waters, especially a disputed zone? A zone which is more than 600 nautical miles from China? Look, let's just be honest here. Does anyonre here really thinks that this is a mere policing of commercial sea routes? If Naval vessels can be used for maritime law enforcement, then it's like you're implying that sending Aircraft Carriers under the *quote and quote* umbrella of the Coast Guard, is acceptable. Now I am quite surprised that your "Celestial" Empire haven't thought of the complication this will curtail. But regardless, the incapacity of the Chinese Coast Guard to field ocean-going ships is not an excuse for them to use Military Vessels on a contested zone that exceed more than 200-nm from China.

Second is your attempt to quibbe out on definition of a military vessel. It is plain knowledge that a Naval ship is a military vessel, and a Coast Guard ship is a non-military vessel. But can a Naval vessel be considered a non-military vessel if it's performing an operation under a non-military organization i.e. Coast Guard. No! That does not change the fact that your naval vessel is...is still a Naval vessel. And what is a Naval vessel again? It's a military vessel. Further to this, you also said: "The Celestial Empire maintains that a vessel operating under the umbrella of the Coast Guard constitutes a police vessel. We are not aware of any piece of international law that counters this. Isn't it clear enough that Chapter 4 of the GA Resolution of the Sea says "Military Vessels are not allowed in the contested zone."? Bottomline is: Chinese warships, an undeclared size which might even involve aircraft carriers and submarines, are not there in the Spratlys area in the virtue of "innocent passage" but for naval force projection - disguised as a Coast Guard operation.

Third, China is again nitpicking on the definition of "military vessel." I will apologize in advance if I will sound insulting, Mr. Liu Jieyi. But isn't it common sense that a naval ships such as a fully-armed guided misile destroyer, painted in haze gray (standard for all Navies), with pennant unregistered as a civilian vessel, is a military vessel.

Fourth, Philippine Coast Guard ships, just like any Coast Guard ship, is a non-military vessel. The differences are very clear as the standard white paint for Coast guard ship. Unlike your pre-conceived definition on Point # 2 which is.. hazy as a haze gray.

And now that you are mentioning "illegal settlers on islands" which is your referring to the civilian populace in the Pag-asa Island (Thitu Island), the Pag-asa Island has been a municipality of Palawan since 1978 , even way before the defunct 1982 UNCLOS was even created. Now Philippines' may have some conflicts with Vietnam as our Spratly Island claims are overlapping each others' EEZ. But I can reassure everyone here that at least Philippines and Vietnam are working on our Spratly dispute peacefully, with mutual understanding and compromise, and most importantly, without involving naval ships. All in strict compliance to Chapter 4 of the GA Resolution of the Law of the Sea.

Unlike the "Celestial Empire" who is sending it's PLAAN warships, whom by the way has a history of murdering Vietnamese in the Spratly during the 1988 Johnson South Reef incident. Oh, let's not forget what the Chinese did on Paracel Island during the 1974."

 

[Centurius]

"It would appear the honourable delegate from the Philippines is becoming a bit emotional, do you perhaps require a break?

Your state accuses the Celestial Empire of breaking international law, for one to break international law the alleged crime must be well defined and backed up by legislation. It is the same reason why for example words such as 'area' and 'states parties' were defined, both concepts of which the general definition is much more accepted than what constitutes a military vessel. It is one of the reasons the Philippines can claim a frigate, a vessel by and large considered to be a warship to be part of its Coast Guard. Such as the very ship you have intercepted our Destroyers with. If the Celestial Empire were at fault for using a ship generally used in war for police purposes, then does the same not apply to the Philippines?

You call it nitpicking, I call it following the letter of the law. The law does not say a nominally military vessel cannot serve as a police vessel. The law does not say that painting a ship gray makes it military. The law does not say that painting it white makes it police. These are definitions the Philippines holds, which is your good right. The Celestial Empire however maintains a different definition. Until a binding resolution defines what constitutes military, there is no definition accepted by the world and as such no definition that can be used. We have provided records that show the purpose of these ships in the region, we are also under no obligation to disclose the formation and composition of our fleets to a potential hostile power.

The thing about common sense is, that it is an awful basis to rule by. One thousand persons will have one thousand perspectives on what is commonsensical. This is why we write laws and treaties. To define what is in fact common sense. There is no treaty, there is no overarching law that says what is military and what is not.

Just because you made something a municipality does not mean it stops being illegal settlement when it encroaches the sovereignty of another power. I am glad to hear that you have managed to come to an agreement with Vietnam. It is always nice to see countries coming together. The fact however that you did not see fit to include the Celestial Empire or any other powers involved in the dispute however shows your true intent here. To abuse this honourable body of gentlepersons for a political goal. To take advantage of them and gain ground for a bilateral agreement that did not involve any of the other parties A bilateral agreement that in fact as far as we can tell no other affected party was even reached out to for. I for one know the Celestial Empire was not despite our own attempt to reach out to the Philippines for a diplomatic meeting.

So tell me mister Locsin, why are we actually here? Because it certainly does not seem to be what the proposed resolution implies."

Jieyi replied.

 

[Apingdaldal]

Teodoro Locain Jr. would just brief reply that the Philippine Coast Guard’s Gregorio del Pilar-class FRIGATE is actually an ex-Hamilton class WHEC (Weather High Endurance Cutter) which is an ex- US Coast Guard vessel.

Also, he also reminded that a ship’s paint is very important as an identification of a ship. The PCG ship are painted with standard white as it is a Coast Guard ship - standard for all coast guard ship around the world. And a navy ship is painted Haze Gray, also a standard color for Navies around the world. Unless the “Celestial Empire” has it own standard and the entire world accepts it, then the existence standard remains.

Lastly, Teodoro Locsin Jr. reiterates the fact the China is sent Naval Ships in the contested zone and that is why “we are here” in the Global Assembly.

He would wait for the other delegates to speak.

 

[Jace]

The Singaporean delegate, Jaqueline Wei, would clear her throat and sit down her documents once Teodoro finished speaking. Standing up and peering over the delegates seated in the room, she would speak up on behalf of her people.

"As per the direct words of our King, Vincent Wei, the Kingdom of Singapore stands firm in its resolute support behind the Celestial Empire, a nation which is akin to a sister to our own. We hold our relations with the nations of Asia in high regard, the Philippines and Taiwan included, but the Celestial Empire holds precedent as an esteemed ally to the Lion of the Southeast, the Kingdom of Singapore." She would pause as her eyes scanned the room. The cousin to the King would remain stoic in her demeanor, and would continue to speak further.

"Furthermore, we believe if multiple nations wish to press claims upon disputed territory with the Celestial Empire in such a manner as this, then we too should use this opportunity to press our own claims within the southeast Pacific. After all, as the rightful king of Singapore, it is his sovereign duty to rule over lands that Singapore deem its birthright. Specifically in regards to the Malay Peninsula, the nearby islands of Borneo and Sumatra, as well as the multitude of island between the triangle of territory that the previous two islands and our own form. Isn't this the precedent being established here today? If so, I believe we aren't in the wrong here. Otherwise, please inform us as to what's the correct procedure for these matters, rather than attempting a witch hunt upon a close ally of Singapore." And with that the Singaporean delegate would take her seat.

 

[Moe]

The Brazilian delegate would not attend, but watch the proceedings on UN Live TV from the comfort of his office. He lay back in his computer recliner chair and feet up and on a footstool he has under his desk. He is able to watch the proceedings in comfort from just two blocks away. A nice Cubano sandwich fresh from the store down the street and an ice cold Brazilian IPA Goiaba, that he just plucked from his in office refrigerator.

"The Chaos should be fun," he says as he digs into his sandwich, having a secretary taking notes on what's being said as well as taping the proceedings so that he can review at a later time.

 

[Dutchy]

Ambassador Stefanus van der Laar would lean forwards and calmly speak into the microphone, "Mr Loscin, you convened this meeting, and we arrived under the impression that you were proposing a resolution. As that is the form you used. However, this seems more to be a question of legality. Would you not agree, that this is something more suited to the International Court of Justice, specifically set up to solve these types of disputes, than continueing a discussion in this body, where it will become ally against all? The International Court of Justice can come with a legal verdict, based upon the resolutions previously passed by this respected institution and its members. I believe we cannot engage in talks about puntive actions unless we have an actual legal basis to pursue such actions."

"Would both the Celestial Empire & the Federal Republic of the Philippines be willing to have this case heard by the court?"

 

[Apingdaldal]

Teodoro Locsin Jr. would briefly respond to the Singaporean representative, Jacqueline Wei:

Locsin Jr: "Territorial disputes are either solved through bilateral means between countries involved. And if the bilateral options fails, then the issue can be brought to the Global Assembly. With that said, may I ask you to please refrain from...inserting Singapore's territorial claims in this discussion. You can file a separate GA resolution for this. But not during this meeting, please.

Now going back. In the case between Philippines and China, yes it is true that China did initially reached out to the Philippines regarding this matter. Our president scheduled a state visit to China after his visit to Japan. However, it seems your esteemed ally is too impatient and decided to escalate the dispute further by violating a GA Resolution for sending an undisclosed number of PLAAN warships. Be reminded also for this case, the ends does not justify the means, since there is a GA Resolution agreed upon and should be complied upon by all GA member nations. Chapter 4 of the GA Resolution of the Law of the Sea to be more precise .

With this said, I'd like to clarify if Singapore supports China's action (the sending of PLAAN warships in a contested zone). Yes or No?"

 

[Apingdaldal]

[OOC: yo Dutchy, I asked Admins where to start this post, and they told me to post it here. ]

Teodoro Locsin Jr. would reply to Dutch ambassador van de Laar:

"We did asked the staff of the Secretary General on where to file this case, and they told us to just file it just like a normal procedure for resolution proposals.

Anyway, to answer you question. Yes, we want this case to be rectified to the International Court of Justice. That would speed things up. We are ready to face China in the ICJ."

 

[Jace]

Jaqueline would speak up once more on behalf of her nation, in response to the Philippine delegate.

"We support the Celestial Empire in being resourceful and innovative in their usage of naval assets to protect its sea lanes and territory when it lacks the appropriate vessels to form a proper Coast Guard. Furthermore, it is our position that the nations of Southeast Asia should be applauding the Celestial Empire for taking the initiative and providing security to the area around the Spratly Islands, as we are sure the presence of 'PLAAN' Warships, as you call them, provides much deterrence against potential piracy in the region.

If anything, we believe it is more healthy for the stability of Asia for all of our efforts to be put forth towards ensuring the stability of domestic and international trade lanes, and the quelling of both piracy and terrorism in the region. We believe the Phillipine government is quite aware of the presence of the latter."

 

[Apingdaldal]

[OOC: yo Dutchy, I asked Admins where to start this post, and they told me to post it here. ]

Teodoro Locsin Jr. would reply to the Singaporean representative, Jacqueline Wei:

"You said: protecting "ITS" sea lane. For your information, China does not own the Spratly sea lane. And definitely it's not their territory. As for your statement "as we are sure the presence of 'PLAAN' Warships, as you call them ; it's seem you are safely denying the fact that those are PLAAN warship. The photos we sent here via Exhibit #1 and the audio recording in Exhibit #2 clearly shows that those are PLAAN warships.

And by that reason you are telling us now, it's seems you are fine with a Nimitz-class aircraft carrier, or a Kirov Battlecruiser, or a Triomphant nuclear submarine to be in a contested area, not just for innocent ight of passage but to actual operate, and all they need to do is say that they are working under the Coast Guard? Sorry but I think you really don't understand the reason why a Navy and a Coast Guard are separate, independent entities. That is rather disturbing that you'd support such idea, Madame Wei.

And yes, the Philippine understand the need of maritime law enforcement; that is why we have a Coast Guard."

Teodoro Locsin Jr. would then address to all ambassadors:

"Ladies and gentlemen. What Singapore said is correct about China's resourcefulness and innovation. They are indeed resourceful and innovative.... in finding ways to violating every international law. Just look at history. China was a main signatory of the already defunct 1982 UNCLOS, yet they are the one's violating the UNCLOS on multiple occasion. That's a fact. No wonder why UNCLOS got defunct. The Philippines don't want the Global Assembly to be another failed United Nations. Hence, I call for this case to be brought up to the International Court of Justices.

 

[Jace]

Jaqueline's attention returned to the Philippine delegate once again. "It's safe to assume the 'warships' were not Aircraft carriers or Battlecruisers, Minister, so your arguments are moot and invalid. I believe what you just attempted is, to put it bluntly, an attempt to straw-man yourself into a position of dominance over the views which I represent, and it's neither convincing nor honest for you to do so. Our position should be clear in that we preach for this to reach a resolution without the involvement of the ICJ. The current judge might have an inherent bias regarding the issue, for one. Second, this issue should be settled between the parties involved in a mature manner, rather than a seemingly misguided attempt at forcing the GA to violate the sovereign rights of the Celestial Empire in the process. The precedent such a move will set might not be an easy one to come back from."

@Apingdaldal

 

[Apingdaldal]

Teodoro Locsin Jr. would reply to the Singaporean representative, Jacqueline Wei:

"We are resolving this in a mature manner, right? Otherwise, we wouldn't be talking here.

Going back. I assume you are a lawyer, Madame Jacqueline Wei? How do you interpret Chapter 4 Paragraph III then? Perhaps you can explain it to us.

And saying that the current judge might have an inherent bias regarding the issue. Hmmm.... care to expound it to us as well. It seems you are doubting the sanctity of the ICJ which is composed of duly-elected judges."