On November 3, the USS Dewey (DDG 105) conducted a freedom of navigation operation in the South China Sea near the Spratly Islands, reaffirming the United States’ commitment to upholding international law and asserting navigational rights and freedoms. The operation challenged unlawful restrictions on innocent passage imposed by the People’s Republic of China , Taiwan, and Vietnam.
All three claimants – the PRC, Vietnam, and Taiwan – assert complete ownership of the Spratly Islands, while other countries such as the Philippines, Malaysia, and Brunei have their own claims on certain features. However, the imposition of permission or advance notification requirements for innocent passage through territorial seas violates international law. Under customary international law, as reflected in the Law of the Sea Convention, all ships, including warships, have the right of innocent passage through territorial seas without any authorization or advance notification. By conducting innocent passage without seeking permission or giving prior notification, the United States challenged these unlawful restrictions.
Unlawful and expansive maritime claims in the South China Sea pose a significant threat to the freedom of the seas, including navigation and overflight rights, free trade, unimpeded commerce, and economic opportunities for South China Sea littoral nations.
The United States remains committed to challenging excessive maritime claims wherever they occur globally. Customary international law, as outlined in the Law of the Sea Convention of 1982, safeguards the rights, freedoms, and lawful uses of the sea for all nations. Preserving the freedom of the seas is of utmost importance for global security, stability, and prosperity.
The United States stands firmly in upholding freedom of navigation as a guiding principle for all nations. As long as certain countries continue to assert restrictions on rights beyond their lawful authority, the United States will continue to defend the rights and freedoms of the seas for all. No member of the international community should be coerced or intimidated into relinquishing their rights and freedoms.
U.S. forces have operated in the South China Sea for more than a century and continue to do so on a daily basis. These operations are conducted in close coordination with like-minded allies and partners who share the commitment to upholding a free and open international order that promotes security and prosperity. All operations are conducted in adherence to customary international law and prioritize safety and professionalism.
Through these operations, the United States demonstrates its determination to operate wherever international law allows, irrespective of the location of excessive maritime claims or prevailing circumstances.
