THE Philippine government is giving space for a dialogue after the recent “misunderstanding” with the China Coast Guard near the Ayungin Shoal.
Jay Batongbacal, director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea, said the government renounces war as an instrument of national policy.
“I think that what is the intention there is to essentially treat that incident as being on the same level as a misunderstanding or an accident at this point,” Batongbacal said at the Saturday News Forum in Quezon City.
“That would be useful to give space nga for a more deliberate effort to seek a diplomatic and peaceful solution para hindi mapusok or hindi premature iyong magiging reaction,” he added.
Executive Secretary Lucas Bersamin had earlier said Malacanang is “not yet ready to classify” the June 17 incident as an armed attack as he noted that it could be a possible “misunderstanding or accident.”
Batongbacal agreed that not every unlawful act of a state is necessarily an act of war or start of formal hostilities between states.
“[I]n international law, there are rules and jurisprudence on this issue particularly in International Humanitarian Law and the laws of armed conflict. And in those rules or laws, incidents such as skirmishes, isolated skirmishes, geographically-isolated skirmishes may be considered as what legally might be classified as frontier incidents,” he said.
“These are not yet enough to be considered as an armed attack that warrants the engagement in self-defense or the right of self-defense and collective self-defense, also under the UN (United Nations) charter,” he said. “And the intention here is to give space also for diplomatic resolution of the disputes between states which have the skirmishes.”
The professor, however, clarified there is no justification for China’s aggressive actions since the government has repeatedly called the incident for what it is — illegal and barbaric.
Filipino soldiers were injured, including one whose right thumb was cut off.
“Ang importante ngayon ay nakita natin na nanindigan tayo na mali talaga ‘yong ginawa nila pero sa kabila noon, open pa rin tayo sa isang maayos na usapan kung paano ito ma-iresolba imbes na dire-diretso na tayo na bangayan, labanan, eventually gyera,” he said.
“Para sa akin tama lang na as much as possible, we try to find a diplomatic solution (For me, it is right that as much as possible we try to find a diplomatic solution),” he added.
Batongbacal said China should seize the opportunity for dialogue if it is truly sincere about peace and “in trying to improve relations.”
He said the incident violated the principles of the UN charter and international law.
“Looking at it from an academic perspective, China has engaged in an unlawful use of force against the Philippines, particularly against Philippine troops and a sovereign vessel of the Philippines, the RHIB,” he said.
