By Atty. Howie Calleja
Once again, a Chinese Coast Guard vessel deliberately rammed our BRP Teresa Magbanua three times while patrolling the area of the Escoda Shoal. The Chinese boat, identified as China Coast Guard (CCG) vessel 5205, took several maneuvers to hit the Magbanua. With the aggressive maneuver by CCG 5205, it threatened the life and safety of the Filipino crew and personnel of Magbanua. Fortunately, no one was reported killed or incapacitated in the incident.
The Escoda Shoal is around 75 nautical miles from the Philippine baselines, which is well within the Philippines’ Exclusive Economic Zone (EEZ). Let me emphasized that the presence of BRP Teresa Magbanua in Escoda Shoal is legal and is in accordance with international law, the United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 Arbitral Award.
Our country faces snowballing maritime aggression from China in the West Philippine Sea; and sadly, diplomatic protests and peaceful actions have proven unsuccessful in curbing China’s forceful behavior. Unlike China, the Philippines maintains principles of good behavior and international law but to a bully like China, I think it is time to change strategy.
It’s about time we toughen up. We don’t stop talking and/or negotiating. And we won’t stop using all peaceful diplomatic channels but we have to put a strong and gallant stand too. This is a clear provocation. It is no longer harassment; it is a clear attack on our country and our sovereignty. Yes, war or aggression is not the answer but neither is sitting and waiting for us to be killed and destroyed or worse our territories occupied by a foreign power. If fight we must then so be it.
In numerous instances, we’ve endeavored to maintain a judicious approach, even going so far as to appease Beijing, largely due to the actions of the previous administration. However, all these exertions, along with the hundreds of diplomatic protests, have only reinforced the tenacity of Chinese leaders to further disregard Philippine rights — enough is enough.
Let us call upon our national government to be more “tougher” in addressing such escalation by proportionality without collateral damage. Such proportionality is where humanitarian law and military law meet. The needed course of action should now focus on the balance between achieving the important military advantage vis-a-vis the humanitarian interest in protecting civilians and civilian objects.