On April 10, the Arleigh Burke-class guided-missile destroyer USS Milius (DDG 69) asserted navigational rights and freedoms in the South China Sea near the Spratly Islands, consistent with international law. At the conclusion of the operation, USS Milius exited the excessive claim area and continued operations in the South China Sea. This freedom of navigation operation (“FONOP”) upheld the rights, freedoms, and lawful uses of the sea. USS Milius demonstrated that Mischief Reef, a low-tide elevation in it its natural state, is not entitled to a territorial sea under international law.
The United States engaged in “normal operations” within 12 nautical miles of Mischief Reef. Under customary international law as reflected in the Law of the Sea Convention, features like Mischief Reef that are submerged at high tide in their naturally formed state are not entitled to a territorial sea. The land reclamation efforts, installations, and structures built on Mischief Reef do not change this characterization under international law. By engaging in normal operations within 12 nautical miles of Mischief Reef, the United States demonstrated that vessels can lawfully exercise high-seas freedoms in those areas.
Unlawful and sweeping maritime claims in the South China Sea pose a serious threat to the freedom of the seas, including the freedoms of navigation and overflight, free trade and unimpeded commerce, and freedom of economic opportunity for South China Sea littoral nations.
The United States challenges excessive maritime claims around the world regardless of the identity of the claimant. Customary international law of the sea as reflected in the 1982 Law of the Sea Convention provides for certain rights and freedoms and other lawful uses of the sea to all nations. The international community has an enduring role in preserving the freedom of the seas, which is critical to global security, stability, and prosperity.
The United States upholds freedom of navigation for all nations as a principle. As long as some countries continue to claim and assert limits on rights that exceed their authority under international law, the United States will continue to defend the rights and freedoms of the sea guaranteed to all. No member of the international community should be intimidated or coerced into giving up their rights and freedoms.
U.S. forces operate in the South China Sea on a daily basis, as they have for more than a century. They routinely operate in close coordination with like-minded allies and partners who share our commitment to uphold a free and open international order that promotes security and prosperity. All of our operations are conducted safely, professionally, and in accordance with international law. These operations demonstrate that the United States will fly, sail, and operate wherever international law allows –regardless of the location of excessive maritime claims and regardless of current events.
