Lawfare, not warfare, in South China Sea

Former National Security Adviser (NSA) Roilo Golez has found an ingenious buzzword to stir up the sense of nationalism, if not patriotism of Filipinos. Trained on psy-war techniques at the Annapolis Naval Academy as a young cadet, Golez has started waging the so-called lawfare as a peaceful assertion of the international court ruling on our country’s claims in our overlapping maritime territory in South China Sea.

Golez is calling for lawfare, not warfare, amid China’s increased militarization of reclaimed reefs, atolls, and shoals that has been turned into man-made islets and islands in South China Sea. The offered solution by the ex-NSA chief was in obvious reference to President Rodrigo Duterte’s stand against those agitating for stronger response – short of going to war – to prompt Beijing to abide by The Hague arbitral ruling on the South China Sea in favor of the Philippines.

Citing Collins Dictionary, Golez quoted lawfare is defined as “the use of the law by a country against its enemies,” especially by challenging the legality of military or foreign policy. The latest jargon lawfare traces its origin from the words law and warfare.  

Two years after The Hague ruling, Golez  noted with concern the seeming lack of urgency on the part of President Duterte to assert this favorable ruling to the Philippines. The Hague Arbitral Court set aside the nine-dash claims of Beijing over the entire stretch of South China Sea.

Golez said The Hague ruling is now part of the international laws that the Philippines can invoke aside from those existing ones under the United Nations Convention on the Law of the Sea (UNCLOS) to back our country’s sovereign rights. As responsible members of the world community, countries big and small like China, the United States, the Philippines and others must respect and comply with such international laws.

Since The Hague ruling was handed down a few weeks in 2016 when he first assumed office at Malacanang, President Duterte has placed it at the backburner while reigniting the once strained and icy bilateral relations with China. President Duterte has said it then and up to now, there will be a proper time to take up The Hague ruling with China to assert with conviction our country’s claims over the West Philippine Sea.

Recent activities of China in its reclaimed islands in Mischief Reef, Subi Reef and Fiery Cross that are now armed with missiles, warships and long-range bomber planes have alarmed the US, Australia, Japan and other claimant countries in South China Sea like Vietnam, Thailand, Malaysia and Taiwan.

Lately though, the former Davao City Mayor has noticeably changed his policy tack and now often mouths “it’s all geo-politics” in trying to calm down renewed agitation to assert The Hague ruling following the increased military activities of Beijing in South China Sea. Refusing to be called a “strongman” because he is not a dictator, President Duterte conceded he could not allow a situation where the Philippines will enter into an armed conflict, fully realizing we stand to lose in this war. 

During our Kapihan sa Manila Bay breakfast forum last Wednesday, Golez renewed his appeal to President Duterte to compel the Department of Foreign Affairs (DFA) to file a much stronger worded diplomatic protest and to convene the National Security Council to assess the magnitude of the threat posed by China’s militarization moves in the South China Sea.

Golez offered “lawfare” as a way that the Philippines can wage its rightful claims in South China Sea.

Through this, he pointed out, it would meet the stand of President Duterte against engaging in “warfare” with Beijing and he expects many countries will support the Philippines in this diplomatic tact.

Golez along with Undersecretary Martin Diño of the Department of Interior and Local Government (DILG) were my featured guests in this week’s Kapihan sa Manila Bay that we hold at Cafe Adriatico in Remedios Circle, Malate.

As one of the most active leaders of the Volunteers Against Crime and Corruption (VACC) before he joined the government service, Diño joined Golez in several anti-China rallies they had in front of the Chinese Consulate in Makati City. Diño recalled they even cut off the head of Chinese President Xi Jinping to dramatize their outrage after the coast guard ships of China drove away Filipino fishermen out of the Scarborough Shoals located in the disputed territorial waters near Zambales.

But when he first joined the Duterte administration as chairman of the Subic Bay Metropolitan Authority (SBMA), Diño said his animosity was replaced with optimism that issues between the Philippines and China are best addressed on bilateral talks. As then SBMA chief, Diño recalled having joined President Duterte as part of his official delegation to Beijing in October, 2017.

During that official visit, Diño signed a number of memorandum of understanding (MOUs) with top executives of various Chinese companies interested to engage in various infrastructure project proposals in the former American naval base in Olongapo City turned into Subic special freeport zone. As of present, Diño could not say what happened to these MOUs after leaving the SBMA to become DILG Undersecretary in January this year.

Being a former Navy officer after his graduation from Annapolis, Golez shares the President's stand that the Philippines is not a military might to engage in any saber rattling with Beijing. Moreover, he swears, he is the last person to espouse war.

While war is not an option in the South China Sea issue, methinks, President Duterte should enlist Beijing’s help in his all-out war against shabu being smuggled into our country all the way to its main sources in China. 

In the meantime, we can only join Golez in his lawfare campaign, not warfare, to help convince Beijing to respect The Hague ruling and stop militarizing the South China Sea.