United States Snubs India for its Excessive Maritime Claim

By Amjed Jaaved | Published: 2:00 AM Apr 13 2021
News United States Snubs  India for its Excessive Maritime Claim

By Amjed Jaaved

On April 7, 2021, a 9,000-ton guided-missile destroyer, USS John Paul Jones (US 7th Fleet), waded (not strayed as it was deliberate) into the vicinity of India’s Lakshadweep Islands. The ship was 131 nautical miles away from India’s coast (12 nautical miles territory) but well within its exclusive economic zone (200 nautical miles, 370.4 kilometre).

Shockwaves

The trespass by the US destroyer triggered indignation through all walks of life. It conjured up memories of the arrival of the 7th fleet during the Indo-Pak war of 1971. The fleet gave a message, loud and clear, to India that it should not dare finish West Pakistan, its long cherished desire. Even Nehru, an ostensibly liberal leader, regarded the creation of Pakistan a blunder. His rancour against Pakistan reaches a crescendo in his remarks: “I shall not have that carbuncle on my back.” (D. H. Bhutani, The Future of Pakistan, page 14). During 1971, Pakistan was a US ally. Now India is in the anti-China US-backed basket.

Yet, the `destroyer’ conjured up memory in India’s mind of `bitter’ American intervention. Congress leaders voiced surprise at the US move. In a tweet, Manish Tewari said, “This never happened in the 10 years of UPA [Congress-led rule] or perhaps even before that as far as I can recall. The last time I remember it being so rather in your face was 1971 – Task Force 74 – 7th Fleet. What then happened is History. Hope the NDA/BJP shows some Oomph?” Echoing the surprise, former Union Minister Jairam Ramesh, said, “And this happened when the former US Secretary of State and Climate Envoy, John Kerry, was meeting Ministers in New Delhi.”

The euphoria created by US gung-ho support for Quad, and Pakistan’s exclusion from the climate conference petered out.

India’s foreign office tried to play down the event by stating that it was not a “military manoeuvre”. So, the USA was not bound to inform India about it. But, to India’s chagrin, the US Navy announced that its ship, the USS John Paul Jones, had carried out Freedom of Navigation Operation (FONOP) in the Indian EEZ, adding that its operations had “challenged” what the US called India’s “excessive maritime claims.” The US defends its actions saying they were in compliance with international laws. Even Pentagon spokesman John Kirby justified what India calls ‘intransigence’ by announcing the US Navy’s move was in compliance with international law.  He told reporters, “I can tell you that the USS John Paul Jones, a Navy destroyer, asserted navigational rights and freedoms in the vicinity of the Republic of the Maldives by conducting innocent passage through its territorial sea in normal operations within its exclusive economic zone without requesting prior permission. We conduct routine and regular FONOPs, as we have done in the past and will continue to in the future. FONOPs are not about one country, nor are they about making political statements”.

India compelled to protest

As a face-saving gesture, India was forced to protest the US decision to conduct a patrol in the Indian Exclusive Economic Zone (EEZ) in the western Indian Ocean, rejecting the US claim that its domestic maritime law was in violation of international law. India’s External-Affairs Ministry retorted, “The Government of India’s stated position on the United Nations Convention on the Law of the Sea (UNCLOS) is that the Convention does not authorise other States to carry out in the EEZ and on the continental shelf, military exercises or manoeuvres, in particular those involving the use of weapons or explosives, without the consent of the coastal State.’ The ministry insisted that the USS John Paul Jones was “continuously monitored” transiting from the Persian Gulf towards the Malacca Straits.

The incident is a rare falling out between the two partners in the Quadrilateral Grouping that had recently committed to upholding freedom of navigation in the Indo-Pacific together.

Bone of contention

The USA shrugged off India’s ennui. According to the annual FONOP reports released by the US Department of Defence for each fiscal year, the US had been regularly conducting FONOPs in Indian EEZ. The FONOPs were carried out in several continental shelves of several countries including its allies and partners. The USA regarded Indian maritime claim as “excessive” and in violation of International Law. From 2007 onwards till 2017, the US carried out multiple FONOPs every year challenging “excessive” Indian maritime claims. No FONOP was carried out in 2018 and 2020 and one FONOP in 2019.

Difference of opinion is due to the fact that the USA has not ratified the UN Convention on the Law of Seas. India and China have ratified it with some reservations. But, the USA does not care a fig about provisos attached by China and India.

Ashamed of USA’s crass rebuttal, India is coining excuses to mitigate its embarrassment. To relieve pressure on Indian government, former Navy Chief Admiral Arun Prakash interpreted the US “trespass” as if it were a message to China that the USA has unfettered “freedom of navigation”. Prakash Tweeted.

“While India ratified UNCLOS in 1995, the US has failed to do it so far. For the 7th Fleet to carry out FONOPs missions in Indian EEZ in violation of our domestic law is bad enough. But publicising it? USN please switch on IFF (Identification, friend or foe)! Prakash added FONOPs by US Navy ships, “ineffective as they may be,” in South China Sea, are meant to “convey a message to China that the putative EEZ” around the artificial SCS islands is an “excessive maritime claim.” “But what is the 7th Fleet message for India?” he asked.

Might-is-right

Obviously, the USA is acting upon might-is-right policy. India itself acted upon this policy to devour princely states, and annex Nepalese territory. Junagadh and Kashmir disputes are still unresolved on UN agenda.  Indian Union is an artificial sally.

In its entire history India had never been a single nation, or one country, until united at gun point by the British. The artificial nature of modern India created by the British colonialists and adopted by post-colonial India generated insurgencies and separatist movements.

At the time of partition, India was in grip of virulent insurgencies and separatist movements (Dravidian South, Khalistan, Seven Sisters in the North East, so on). Wikipedia lists 68 major organisations as terrorist groups. Of them, nine are in the northeast (seven sisters states), four in the center and the east (Maoist/Naxalites), seventeen in the west (Sikh separatist groups), and thirty eight in the northwest (Kashmir). India kept afloat as a union only at the barrel of gun. The Indian army chief paid a five-day visit to Bangladesh as a prelude to conducting a massive operation against the Naxalbari militants.

UK and USA’s Diego Garcia headache

International Court of Justice advisory opinion on Chagos Islands has catapulted Indian Ocean into limelight. The ICJ `advisory’ is a blow to UK’s forcible occupation of Chagos Islands, including the strategic US airbase of Diego Garcia atoll (leased out to the USA by the UK).

The ICJ President Abdulqawi Ahmed Yusuf observed, “The UK has an obligation to bring to an end its administration of Chagos archipelago as rapidly as possible.” The Court ruled that separation of Chagos Islands from Mauritius during decolonisation in the 1960s constituted an “unlawful detachment” and was a “wrongful act”.

In 1966, the US signed a secret agreement with Great Britain allowing the Pentagon to use the Indian Ocean territory as an airbase in exchange for a big discount on Polaris nuclear missiles. Three years later, hundreds of Navy Seabees arrived by ship and began pouring out two 12,000-foot runways that would become a bulwark of American Cold War strategy in the region, and a key launching pad for the first and second Gulf wars, the 1998 bombing of Iraq and invasion and carpet-bombing of Afghanistan.

The base can house more than 2,000 troops and 30 warships at a time. It has two bomber runways, a satellite spy station and facilities enabling the use of nuclear-armed submarines. It served as a CIA black site (like Guantanamo Bay) to interrogate and torture terror suspects including those from Afghanistan, Pakistan and Indonesia.

The base holds key to America’s Afghan exit plan, by year 2024, to avoid a rout at the hands of Taliban.

Hand aloft

To India’s chagrin, the USA wants to exert its authority on Indian Ocean also. Forty-seven countries have the Indian Ocean on their shores. The Indian Ocean is the third largest body of water in the world. It occupies 20 per cent of the world’s ocean surface – it is nearly 10,000 kilometres wide at the southern tips of Africa and Australia and its area is 68.556 million square kilometres, about 5.5 times the size of the United States. India’s motto is “whoever controls the Indian Ocean dominates Asia”. Admiral Alfred T. Mahan (1840-1914) of the United States Navy highlighted the strategic importance of the Indian Ocean in these words: “whoever attains maritime supremacy in the Indian Ocean would be a prominent player on the international scene. The Indian peninsula (i.e. the Deccan and below) juts 1,240 miles into the Indian Ocean. 50 per cent of the Indian Ocean basin lies within a 1,000 mile radius of India, a reality that has strategic implications. Under the law of the sea, it has an exclusive economic zone of 772,000 square miles. Chennai is a mere 3,400 miles away from Perth in Australia, slightly more than the distance between New York and Los Angeles.

 To dominate the Straits of Malacca (bordering Indonesia and Malaysia), India established its Far Eastern Marine Command at Port Blair in the Andamans. It has developed Port Blair as a strategic international trade center and built an oil terminal and trans-shipment port in Campal Bay in the Nicobar Islands.

Concluding remarks

In diplomacy, there are no permanent friends or foes, only permanent interests. Afghan exit plan requires the USA continues to retain Diego Garcia.

(Courtesy-www.moderndiplomacy.eu)


By Amjed Jaaved | Published: 2:00 AM Apr 13 2021

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