KEY POINTS

  • The USS Bunker Hill conducted a freedom of navigation operation through the Spratly Island chain located a few hundred miles south of the Paracels
  • The Bunker Hill  was on an “innocent passage” that was made with no prior notification to nations claiming sovereignty over the waterway
  • The Japan-based Bunker Hill, in addition to the FONOP runs, has also passed through the Taiwan Straits twice in April

On Tuesday, the American guided-missile destroyer USS Barry sailed into waters in the South China Sea near the Paracel Islands. The waters are claimed by China and Vietnam. One day later, another U.S. warship, the USS Bunker Hill conducted a freedom of navigation operation (FONOP) through the Spratly Island chain located a few hundred miles south of the Paracels. The U.S. 7th Fleet announced the USS Bunker Hill excursion Wednesday.

The Bunker Hill was on an “innocent passage” that was made with no prior notification to nations claiming sovereignty over the waterway. According to international maritime law, if a warship is not engaged in any military operations, it can move through a country’s territorial sea without notification.

The U.S. has been busy elsewhere in the South China Sea in recent weeks. The Japan-based Bunker Hill, in addition to the FONOP runs, has also passed through the Taiwan Straits twice in April.

The two guided-missile destroyers plus the amphibious assault ship USS America (LHA-6) had been operating off the coast of Malaysia. The moves were thought to be a response to a dispute over mineral exploration between China and Malaysia.

Responding to America's activities, Li Huamin, spokesperson for the People’s Liberation Army’s (PLA) Southern Theatre Command, said, “These provocative acts by the US side … have seriously violated China’s sovereignty and security interests, deliberately increased regional security risks and could easily trigger an unexpected incident. [The acts] were incompatible with the current atmosphere as the international community is fighting pandemic … as well as the regional peace and stability.”

The U.S Seventh Fleet is the largest of the numbered fleets of the United States Navy. It is headquartered at Yokosuka, Japan and supported by between 60 to 70 ships, 300 aircraft and 40,000 Navy, Marine Corps personnel, and Coast Guard support personnel.

They issued a lengthy statement that included comments that sent a clear message to China. One excerpt from the statement reads, “Unlawful and sweeping maritime claims in the South China Sea pose a serious threat to the freedom of the seas, including the freedoms of navigation and overflight and the right of innocent passage of all ships.”

Another one read, “This freedom of navigation operation upheld the rights, freedoms, and lawful uses of the sea recognized in international law by challenging the restrictions on innocent passage imposed by China, Vietnam, and Taiwan.”

The prior notification issue is a “gray” area under international law. The Bunker Hill transit was near Gaven Reef, home to a Chinese military supply installation. The international law says the reef in the Spratly Islands “commands its own territorial sea” and thus a vessel within 12 nautical miles conducting a military operation would need to give prior notice. China’s view is that any ship that contains military personnel headed to another location is, in itself a military operation and thus requires prior notification.

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Satellite imagery shows construction of anti-aircraft guns and other systems on artificial islands built by China in the South China Sea. This picture shows close-in weapons systems on the artificial island Hughes Reef, Dec. 13, 2016. Reuters