The 7th Fleet expressed that Mischief Reef, a low tide elevation in its natural state, is not entitled to a territorial sea under international law. However, the 7th Fleet also expressed that the USS Benfold engaged in “normal operations” within 12 nautical miles of Mischief Reef -- is no need to mention that.
7th Fleet conducts Freedom of
Navigation Operation U.S. 7th Fleet
Public Affairs 20210908
SOUTH
CHINA SEA –
UPDATED
08 Sept 2021 (1634 local time):
The PRC's
statement about this mission is false. USS
Benfold conducted this FONOP in accordance with international law
and then continued on to conduct normal operations in international waters. The
operation reflects our commitment to uphold freedom of navigation and lawful
uses of the sea as a principle. The United States will continue to fly, sail,
and operate wherever international law allows, as USS Benfold did here. Nothing
PRC says otherwise will deter us.
The PLA(N)'s
statement is the latest in a long string of PRC actions to misrepresent lawful
U.S. maritime operations and assert its excessive and illegitimate maritime
claims at the expense of its Southeast Asian neighbors in the South China Sea.
The PRC's behavior stands in contrast to the United States' adherence to
international law and our vision for a free and open Indo-Pacific region. All
nations, large and small, should be secure in their sovereignty, free from
coercion, and able to pursue economic growth consistent with accepted
international rules and norms.
On Sept.
8, USS Benfold (DDG 65) asserted navigational rights and freedoms in the
Spratly Islands, consistent with international law. This freedom of navigation
operation ("FONOP") upheld the rights, freedoms, and lawful uses of
the sea. USS Benfold demonstrated that Mischief
Reef, a low-tide elevation in its natural
state, is not entitled to a territorial
sea under international law.
The
United States engaged in “normal operations” within
12 nautical miles of Mischief Reef. Under international law as reflected
in the Law of the Sea Convention, features like Mischief
Reef that are submerged at high tide in their naturally formed state are not
entitled to a territorial sea. The land reclamation efforts,
installations, and structures built on Mischief Reef do not change this
characterization under international law. By engaging in normal operations
within 12 nautical miles of Mischief Reef, the
United States demonstrated that vessels may lawfully exercise high-seas
freedoms in those areas.
U.S.
forces routinely conduct freedom of navigation assertions throughout the world.
All of our operations are designed to be conducted in accordance with
international law and demonstrate that the United
States will fly, sail, and operate wherever international law allows—regardless
of the location of excessive maritime claims and regardless of current events.
The
United States upholds freedom of navigation as a principle. The Freedom of
Navigation Program’s missions are peaceful and conducted without bias for or
against any particular country. These missions are rule-of-law based and
demonstrate our commitment to upholding the rights, freedoms, and lawful uses
of the sea and airspace guaranteed to all nations.
Freedom of
navigation operations in the South China Sea are a part of daily operations of
U.S. military forces throughout the region.
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