South China Sea: Philippines ‘may be forced to sue’ if Chinese coastguard arrests trespassers

Philippine lawmakers and officials are protesting against a new policy allowing China’s coastguard to detain suspects from next month

They argue China has ‘no legal basis’ for such actions, citing the International Tribunal on the Law of the Sea, amid a months-long territorial row

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A Chinese coastguard ship monitors a Philippine fisherman in the disputed South China Sea on Thursday last week. Photo: AFP

Published: 3:00pm, 20 May 2024Updated: 3:57pm, 21 May 2024

The Philippines could hit back at Chinese arrests in the South China Sea by referring cases to an international tribunal, according to a law expert responding to reports that China’s coastguard will detain foreigners accused of maritime border violations from next month.

Former Philippine Supreme Court judge Antonio Carpio cited the International Tribunal on the Law of the Sea (Itlos) on Sunday as he proposed a counter to Chinese actions amid a growing war of words over the disputed waterway. Filipino lawmakers and officials echoed his suggestion.

Under Beijing’s new regulations, effective June 15, foreigners suspected of trespassing in China’s sovereign territorial waters or maritime zones – or aiding others in doing so – can be detained without trial for 30 to 60 days by the Chinese coastguard.

The matter risks further escalating tensions in the South China Sea, where Manila and Beijing have been locked in a months-long dispute – fuelled by repeated Chinese obstructions of Philippine vessels trying to resupply Filipino forces stationed on an outpost on the Second Thomas Shoal.

Filipino volunteers from the ‘Atin Ito’ coalition distribute relief goods to fishermen aboard a motorised wooden boat in disputed South China Sea on Thursday last week. Photo EPA-EFE

A civilian attempt last week by the Atin Ito coalition – comprising NGOs and independent activists – to fulfil a similar resupply mission came within 50 nautical miles of another flashpoint, the Scarborough Shoal, before being turned back.