Philippines-US mutual defense

The attention of the world is focused on two major hotspots. The first is the Russian invasion of Ukraine and the second is the war between Israel and Gaza. There is a third looming conflict area, which is in the West Philippine Sea. Recently, a Chinese Coast Guard deliberately rammed a Philippine vessel in the Ayungin Shoal to prevent it from delivering supplies to Philippine troops stationed on the BRP Sierra Madre, which has remained beached.

This has prompted a declaration from US President Biden who said: “Any attack on Filipino aircraft, vessels or armed forces will invoke our Mutual Defense Treaty with the Philippines… I want to be very clear that the United States defense commitment to the Philippines is ironclad.”

The Chinese Foreign Ministry has said that the United States has no business getting involved in any problem between China and the Philippines. Furthermore, China believes that the United States “… must not enable and encourage the illegal claims of the Philippines.”

The territory considered as disputed by China rightfully belongs to the Philippines by international law. Another point is that there is a Mutual Defense Treaty (MDT) between the United States and the Philippines which requires both nations to support each other if either nation is attacked by a third party.

This ongoing dispute between China and the Philippines has suddenly made the MDT critical in any conflict between the two countries. It is important therefore for us to review and understand the substance of this treaty.  The MDT was signed on Aug. 30, 1951 in Washington DC between representatives of the Philippines and the United States.

On Dec. 28, 2018, the Philippine government under president Duterte ordered a review of the MDT in order to “maintain it, strengthen it or scrap it.”  On Feb. 11, 2020, the Duterte administration notified the United States that it will withdraw from the Visiting Forces Agreement. This led to the speculation that this move would lead to withdrawal from the MDT. However, this decision was reversed in June 2020.

The Biden administration, which had replaced the Trump administration in 2021, reaffirmed its commitment to the MDT.

In 2022, US Vice President Kamala Harris visited the Philippines. She met with President Marcos and assured him that “an armed attack on the Philippine Armed Forces, public vessels or aircraft in the South China Sea would invoke US mutual defense commitments.”

The Philippines-US MDT contains eight articles. In Article I, it says each party would settle international disputes in a peaceful manner and must refrain from the threat of the use of force in any manner that is inconsistent with the purpose of the United Nations.

Article II mandates that each party separately or jointly through mutual aid may acquire, develop and maintain their capacity to resist armed attack.

Article III states that the parties will consult one another through specified government officers to determine the appropriate measures of implementation. The parties will also consult one another when either party determines that their territorial integrity, political independence or national security is threatened by armed attack in the Pacific.

Article IV states that each party recognizes that an armed attack in the Pacific area on either of the parties would be dangerous to its own peace and safety and that it would act to meet common dangers in accordance with its constitutional processes.

Article V defines the meaning of attack and its purpose, which includes all attacks by a hostile power will be held as an attack on a metropolitan area by both parties or on the island territories under its jurisdiction in the Pacific or on its armed forces, public vessels or aircraft in the Pacific.

Article VI states that this treaty should not affect or impede the rights and obligations of the parties under the Charter of the United Nations.

Article VII states that the treaty should be ratified in accordance with the constitutional processes of both the United States and the Philippines.

Finally, Article VIII stipulates that the treaty terms are indefinite until one or both parties wish to terminate the agreement. If the agreement is to be terminated, either party must give one-year notice.

During the 60th anniversary of the MDT on Nov. 16, 2011, the US Secretary of State Hillary Clinton and Philippine Secretary of Foreign Affairs Albert del Rosario signed the Manila Declaration.  This Declaration reaffirmed the shared obligations under the MDT. It also stated a determination to continue bilateral cooperation in addressing regional and global challenges, including maritime security, climate change, nuclear proliferation, terrorism and transnational crime.

In addition, the Manila Declaration expressed common interests in maintaining freedom of navigation, unimpeded lawful commerce and transit of people across the seas, and resolving competing claims within the framework of international law.

The MDT and the Manila Declaration together should provide sufficient guarantee that the Philippines can depend on American support in case of any violent conflict with other powers. Finally, there is an introductory statement in the MDT which states that the two countries express their “… common determination to defend themselves against external armed attack so that no potential aggressor could be under the illusion that either of them stands alone in the Pacific area.”

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