Chinese vessels’ acts of incessantly using force to ram, destroy and sink law enforcement forces’ ships and fishing boats of Vietnamese fishermen in traditional fishing grounds not only violates international law but are also inhuman acts.
Many legal experts argued that this is an act of terrorism and Vietnam should examine ways on how best to protect national interests.
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Following is the gist of an interview granted to VOV online by Lawyer Le Thanh Son from the Hanoi Bar Association’s AIC Law Office on this issue.
VOV: Since its illegal placement of the oil rig Haiyang Shiyou- 981 in Vietnam’s waters, China has repeatedly used force, destroying Vietnam’s fishery surveillance ships and fishing boats. The most recent sinking of a Vietnamese fishery surveillance ship 951 on the morning of June 23 caused great damage. How did these actions violate international law?
Mr. Thanh Son: According to our opinion, all the actions China has taken in recent years are inhuman, violating article 2 of the UN Charter.
Under the UN Charter, UN member states are not allowed to use force or threats to use force in international relations. China’s above mentioned acts have violated this rule.
China’s illegal deployment of its drilling platform and escort ships is an infringement of the 1982 UN Convention on the Law of the Sea, specifically violating the provisions of articles 55, 56, 57, 58, 76 , 77, 81 and a number of other articles.
Article 4 and 5 in the Declaration on the Conduct of Parties in the East Sea (DOC) to which China is a signatory state that countries must not use force or threaten to use force to settle disputes in the East Sea and China has violated what it signed before. They have trampled on international law.
VOV: How should we explain the use of force trampling on international law by China?
Mr. Thanh Son: Judging from the above analysis, we think that China's actions are acts of aggression which can be more accurately called as "behavior of national sovereignty invasion", i.e. the infringement of Vietnam's sovereignty in the East Sea.
Their continued use of force, crashing, ramming Vietnamese ships, and sinking 10 Vietnamese fishermen is an act of utmost inhuman.
International law says it is imperative to save people in distress in the sea voyage. Therefore, China’s foresaid acts must be inhuman and can be considered terrorist behaviour.
A UN anti-terrorism resolution has received support from UN member states especially the US. Long before, we only talked about terrorism by individuals or organizations without mentioning national terrorism. Therefore, we want to say that China deserves to be called a terrorist country.
So what is national terrorism and how does international law treat it?
We can understand that behaviors by big countries such as use of coercion, threat to use force to wage war against small countries can be called acts of terrorism and we should devise a certain regulation to prevent big countries from bullying small countries.
VOV: In this regard, what proposals should we make for submission to the UN to impede big nations from compelling smaller ones?
Mr Thanh Son: In my opinion, we should propose to the UN on considering what behavior is called "behaviour of national terrorism" and what responsibilities of UN member nations are for this behaviour.
The fact is that the UN has touched upon terrorist behaviour but has yet to clarify what national terrorism is. The UN General Assembly needs to give an official sanction against this behaviour.
VOV: Thank you very much.
