Use International Law, Call out China’s Violations
iasparliament
February 22, 2022
What is the issue?
During the recent meeting of the Foreign Ministers of the Quad, India said that the situation at the India-China Line of Actual Control (LAC) has arisen due to the disregard by China of written agreements.
How is the India-China LAC engagement guided?
The India-China LAC engagement is guided by a series of bilateral agreements that the two sides have signed over the years.
1993 agreement- It provides that neither side shall use or threaten to use force against the other by any means.
It further states that the India-China boundary question shall be resolved through peaceful and friendly consultations.
1996 agreement- Article I of the 1996 agreement is on confidence-building measures between the two sides.
Article III of the 1996 agreement specifically requires the two sides to reduce armaments such as combat tanks and vehicles, missiles, and mortars and big mortar guns.
2005 and 2013 agreements- The prohibition on the use of force is also enshrined in Article I and Article VIII of the 2005 and 2013 agreements, respectively.
United Nations Charter- States being forbidden from using force in international relations is a cardinal rule of international law codified in Article 2(4) of the UN Charter.
The UN Charter recognises two exceptions to this rule — self-defence and UN Security Council authorisation.
What breach of law has been made by China?
Galwan clash- The military scuffle between India and China in Galwan in 2020 that led to the deaths of 20 Indian soldiers was a clear case of China using military force against India.
Multiple transgressions at LAC- Since then, a muscular and assertive China and its aggression towards India continued through multiple transgressions at the LAC.
New border law- China has backed these transgressions by other developments such as implementing a new border law that renames several places in Arunachal Pradesh and aims to set up boundary markers on all its land borders.
The LAC transgressions and the new border law violate Article IX of the 2005 agreement that mandates both sides to strictly respect and observe the LAC.
Military buildup- There are reports of a huge military build-up by China with heavy weaponry including missiles in the Eastern Ladakh Sector which breaches both the 1993 and the 1996 agreements.
China has not complied with the legal requirements, instigating India to build up its military deployment.
What about the case of China’s weaponisation of global law?
China’s socialist rule of law with Chinese characteristics views law as an instrument in the service of the state or the Chinese Communist Party.
This is opposed to the rule of law theory in liberal democracies where law’s function is to constrain unbridled state power.
UNCLOS case- China denounced a 2016 ruling in favour of Philippines by an arbitration tribunal under the aegis of the UN Convention on the Law of the Sea (UNCLOS), in a maritime dispute between the two sides in the South China Sea.
WTO case- China has exploited the WTO system to pursue its policy of mercantilism by hiding behind a non-transparent and complex economic system.
It is accused of providing illegal subsidies, manipulating currency to make exports competitive, stealing intellectual property, and forcing companies to transfer technology.
Nuclear Non-proliferation treaty- China was accused of having a long history of entering into legally binding nuclear non-proliferation obligations but it secretly violates these obligations by providing nuclear technology to its allies, often through proxies.
Legal warfare- In the case of India, China uses the sovereignty argument to cover up its illegalities.
The Chinese unethical legal warfare or lawfare is aimed at crippling the opponents without actually fighting a war.
What must beIndia’s lawfare?
New Delhi should develop its strategy of ethical lawfare by mainstreaming international law dictionary into its diplomatic toolkit to respond to Beijing’s challenge.
India should make a strong legal case by assembling all the international treaties, including the UN Charter and customary international law, at every forum to call out China’s illegal actions.
A proclamation should be made at all international platforms that India reserves the right to act in self-defence under Article 51 of the UN Charter to counter any Chinese misadventure.
Enacting a national security law aimed at imposing restrictions or sanctions of various kinds on those countries with whom India shares a land border can be an option.
The purpose of India’s lawfare should be to ably demonstrate to the world that China’s international law violations pose a threat to the entire international community, not just India.
