South China Sea: Beijing’s ‘atrocious actions’ ignored by international court

Facebooktwitterredditpinterestlinkedinmail

 

PROSECUTORS at the International Criminal Court (ICC) have thrown out a case against China brought by the Philippines which accused its superpower neighbour of crimes against humanity for its “atrocious actions” in the South China Sea.

The court said it has no jurisdiction over the complaint filed against President Xi Jinping and other Chinese officials as Beijing is not a party to the Rome Statute — the treaty which forms the international tribunal. It said the alleged crimes against humanity also happened within the Philippines’ exclusive economic zone and continental shelf, which it said is not considered as part of its territory.

The ICC prosecutor said: “Criminal conduct which takes place in the EEZ and continental shelf is thus in principle outside of the territory of a coastal state and as such, is not encompassed under the Rome Statute.”

He said “territory” as defined under the Rome Statute only includes a country’s land mass, internal waters, territorial seas and the airspace above these areas and does not include the EEZ — an area 200 nautical miles from the shoreline of a coastal state wherein it exercises sovereign rights, but not sovereignty.

Former Foreign Affairs Secretary Albert del Rosario and former Ombudsman Conchita Morales filed the case before the ICC against Mr Xi, Chinese Foreign Minister Wang Yi and former Chinese Ambassador to the Philippines Zhao Jianhua over their “atrocious actions” in the West Philippine Sea, a portion of the South China Sea claimed by Manila.

They accused China of excluding Philippine nationals from making use of the resources in parts of the South China Sea, such as blocking Filipino fishermen’s access to traditional fishing grounds at Scarborough Shoal, while also engaging in massive illegal reclamation and artificial island-building in the Spratly Islands, causing significant damage to the marine life in the area.

They said Beijing has also tolerated and actively supported illegal and harmful fishing practices by Chinese nationals, which likewise has caused serious environmental damage.

The communication alleged that such conduct not only violates the 1982 UN Convention on the Law of the Sea, but gives rise to crimes against humanity.

China is not a party to the ICC and the Philippines formally left the international tribunal on March 17 — two days after the former Philippine officials filed the complaint.

In 2013, the Philippines government filed a case against China at the Permanent Court of Arbitration in The Hague and scored victory three years later. China, however, continues to refuse to recognise and abide by the ruling.

According to that ruling, China’s sweeping claims in the South China Sea based on history have no legal basis and some of the features claimed fall within the Philippines’ exclusive economic zone.

It said China’s artificial island-building activities on the seven reefs in the Spratly Islands have caused devastating and long-lasting damage to the marine environment, and by taking such actions and by failing to work with other countries to minimise their harmful effects, Beijing had breached its obligations under the United Nations convention.

https://www.express.co.uk/news/world/1213980/south-china-sea-philippines-south-china-sea-international-criminal-court

Facebooktwitterredditpinterestlinkedinmail