USNS Impeccable Incident, March 2009

Summary: Less than two months after the inauguration of President Barack Obama, five Chinese ships confronted a U.S. surveillance craft, the USNS Impeccable, about 75 miles off the coast of Hainan, which is a province of China. The United States claimed the American ship was navigating in international waters; China said the ship was inside an "special exclusion zone," a term used to describe waters up to 200 miles offshore over which countries-including both China and the United States-claim exclusive economic privileges. There were no injuries during the confrontation, which recalled another confrontation in April 2001 in the same area. In the earlier incident, a Chinese aircraft collided in mid-air with a U.S. plane; the Chinese plane crashed, and the American plane made an emergency landing on Hainan, where its crew was detained for 12 days.

Date: March 8, 2009.

Place: South China Sea, about 75 miles off the coast of Hainan Island, China's largest island province.

Event: One U.S. naval ship, the USNS Impeccable, operated by civilians under contract to the U.S. Navy to conduct surveillance, had a confrontation at sea with five Chinese navy ships about 75 miles off the coast of Hainan, a Chinese island province. There were neither shots fired nor injuries on either side.

American version: The USS Impeccable, operated by civilian sailors under contract to the U.S. Navy, was operating in waters about 75 miles off the coast of Hainan, a site regarded by the United States as "international waters." The Impeccable was conducting a "surveillance mission" and towing equipment designed for anti-submarine warfare, according to the U.S. Navy account. The Impeccable was approached by five Chinese vessels and at one point was forced to a sudden halt when two Chinese ships sailed into its path, coming within 25 feet of the American ship. The incident involved five Chinese vessels--what the Americans thought to be one naval intelligence ship, two trawlers, a fisheries patrol boat, and an official oceanographic ship. The Chinese ships surrounded the Impeccable, coming within 50 feet and signaled the Impeccable to leave the area by waving flags. Some Chinese crewmen threw pieces of wood into the path of the Impeccable and others tried to snag a line towing the anti-submarine warfare equipment; when the U.S. crew sprayed fire hoses on the Chinese sailors to dissuade them, they stripped to their underwear. Two Chinese ships came within 25 feet of the Impeccable. U.S. officials said the confrontation at sea followed several days of fly-by observance of the Impeccable conducted by Chinese aircraft.

Chinese version: A Chinese government spokesman later accused the Impeccable of operating inside a "special exclusion zone" (not recognized by the United States) that China claims up to 200 nautical miles (230 statute miles) from its coastline. The Chinese spokesman accused the American ship of provoking the incident by sailing inside the zone and refusing demands that it leave.

Context and Implications: Coming less than two months after the inauguration of President Obama, the 2008 incident recalled a confrontation between China and the United States in April 2001, not long after the inauguration of President George W. Bush, in which a Chinese fighter jet buzzed a Navy surveillance plane over the South China Sea. The maneuver resulted in a midair collision that killed the Chinese pilot and forced an emergency landing by the American plane on Hainan island. The 24 members of the American crew were detained for 11 days.

Both incidents underscored the long-standing international disagreements over what constitute territorial waters, pitting claims of free passage on the seas against national rights to control coastal waters. The traditionally accepted limit on "coastal waters" was three miles. Claims of international waters vary. The most common claim is 12 miles off the coast. A United Nations Conference on the Law of the Sea in 1982 extended territorial waters to 12 miles; the United States did not sign the 1982 Convention of the Law of the Sea, but in 1988 the United States extended its claim to territorial waters to 12 miles. Many countries also lay claims to "exclusive economic zones" of up to 200 nautical miles off the coast; President Reagan made such a claim for the United States in 1983. These zones are normally interpreted as governing exploitation of resources (such as off-shore drilling for oil) rather than limiting navigation.

A few days after the confrontation off Hainan in March 2009, China's Foreign Minister Yang Jiechi met separately with President Barack Obama and Vice President Joseph Biden, and with National Security Advisor General James Jones, at the White House. In describing the meetings, the White House said Yang and Jones discussed the incident, but provided no further details. The White House did not say whether the incident came up in Yang's meeting with Obama. A White House statement said that the president told the foreign minister that the United States and China should increase the "level and frequency" of military dialogue "in order to avoid future incidents."

The Impeccable incident also came in the context of a significant build-up of Chinese armed forces, including naval forces. For example, China dispatched a naval force to waters off the coast of Somalia to guard against attacks by Somali pirates on international shipping, a move widely interpreted as an indication that China's political leadership intended to expand the country's global military influence.

Bibliography

Spratley Islands. Background Information Summary. International Security and Counter-Terrorism Reference Center. http://search.ebscohost.com/login.aspx?direct=true&db=tsh&AN=30025196&site=isc-live