On September 29, while operating in the waters of Hoang Sa/Paracel archipelago, Vietnamese fishing boat QNg 95739-TS was suppressed & controlled by two Chinese ships, with its fishing gear being damaged. Commenting on the incident on Ho Chi Minh City Law Newspaper, Ambassador, Prof. Dr. Nguyen Hong Thao, Member of the International Law Commission of the United Nations (UN), said that China had simultaneously violated many codes of conduct (COC) and principles of international law.
Injured fishermen attacked by Chinese forces were hospitalized Sept. 29, 2024. Photo by VnExpress/Van Toan.
First, China has seriously violated Vietnam's sovereignty over the Paracel archipelago. Specifically, the UN Charter and international law do not recognize the acquisition of territoral sovereignty by force. Article 2 of the UN Charter clearly stipulates: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state”. China’s use of force to occupy Vietnam’s Paracel archipelago more than 50 years ago does not take away Vietnam’s legitimate rights and interests over the islands. Vietnam has always affirmed its sovereignty and legitimate interests over territories seized by force and called for the settlement of international disputes by peaceful means.
Second, China has violated the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Specifically, Article 301 of UNCLOS provides that States “in exercising their rights and performing their duties shall refrain from any threat or use of force against the territorial integrity or political independence of any State”. Article 73 of UNCLOS implies that corporal punishment should not be used against fishermen and sailors on fishing vessels and cargo ships. The brutal attacks by Chinese vessels against Vietnamese fishermen conducting normal fishing activities in Vietnamese waters not only violate the UNCLOS and Vietnamese law, but also infringe upon human rights protected under international law.
Third, China’s brutal treatment toward Vietnamese fishermen goes against the common perceptions of the two countries’ high-level leaders on better control and management of disputes at sea[1]. Accordingly, “the two sides deeply exchanged sincere and frank opinions on maritime issues, emphasizing the need to better control and actively resolve disagreements at sea, maintain peace and stability in the East Sea/South China Sea and the region[2]”. In which, “the two countries jointly maintain peace and stability in the South China Sea, persevere through friendly consultations, and actively seek basic solutions. and long-term acceptable to both sides in accordance with the “Agreement on basic principles guiding the settlement of maritime issues between Vietnam and China”, international law, including the United Nations Convention Regarding the 1982 Law of the Sea, there was no action to complicate the situation or expand the dispute[3]”.
Therefore, the two countries need to promptly take necessary measures to prevent similar incidents from happening again, and must not use force against fishing vessels and strictly comply with commitments and international law.
Translated & Edited by NH.
[1] https://www.vietnam.vn/en/toan-van-tuyen-bo-chung-viet-nam-trung-quoc-2/#gsc.tab=0
[2] https://www.vietnam.vn/en/toan-van-tuyen-bo-chung-viet-nam-trung-quoc-2/#gsc.tab=0
[3] https://www.vietnam.vn/en/toan-van-tuyen-bo-chung-viet-nam-trung-quoc-2/#gsc.tab=0
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