A Japanese Maritime Self-Defense Force (MSDF) destroyer briefly entered Chinese territorial waters off the eastern province of Zhejiang, despite repeated warnings from Chinese vessels, according to Kyodo News. The incident has led to severe concerns from Beijing and prompted an investigation by the Japanese Defense Ministry.
The destroyer Suzutsuki, which was tasked with monitoring Chinese military drills on the high seas, sailed into Chinese waters on July 4. This rare move by a Self-Defense Forces vessel occurred just a day after Zhejiang authorities announced a no-sail zone nearby for a Chinese military live-fire drill.
According to diplomatic sources, Chinese vessels urged the Suzutsuki to leave when it approached within 12 nautical miles (22 kilometers) of the Zhejiang coast. However, the destroyer reportedly accelerated and entered Chinese waters for about 20 minutes before departing.
#WATCH | Japan navy destroyer enters China's territorial waters near #Taiwan earlier this month without notifying #China, prompting Beijing to lodge an official complaint. pic.twitter.com/sch8glCprv
— DD India (@DDIndialive) July 11, 2024
The incident has raised tensions between the two nations, with Beijing conveying its serious concern to Tokyo. A Chinese diplomatic source questioned the timing of the move, stating, "I wonder why Japan made such a provocative move amid efforts by both countries to stabilize relations." In unofficial discussions between the two sides, a Japanese official suggested the possibility that the entry was a "procedural error." However, a Chinese security expert has expressed doubt about this explanation, citing the skill levels of the Japanese crew. The Chinese government suspects the incident may have been an "intentional provocation" by the destroyer and is currently analyzing relevant information. The Japanese Defense Ministry has launched an investigation into the ship's captain.
Tokyo maintains that the Suzutsuki's entry into Chinese territorial waters was not illegal, citing the right to "innocent passage" recognized by the United Nations Convention on the Law of the Sea. This principle allows vessels to pass through another state's territorial waters unless it compromises the coastal state's safety. However, Beijing argues that the MSDF ship did not fulfill requirements under Chinese domestic law, which mandates that foreign vessels seek prior permission to enter its waters.
Jun Tsuruta, associate professor of international law at Meiji Gakuin University in Tokyo, said there has been ongoing debate about whether the right to innocent passage applies to military vessels and commercial ships. He noted that this issue has not been wholly settled based on the UN Convention on the Law of the Sea adopted in 1982. Tsuruta also pointed out that as Japan recognizes the right to innocent passage for foreign military ships in its territorial waters, Japanese Self-Defense Forces vessels would likely not seek Beijing's prior approval based on Chinese law before entering neighboring waters.
The incident comes at a sensitive time for Sino-Japanese relations, which have been strained over various issues, including the release of treated radioactive water from the Fukushima nuclear power plant. Despite recent high-level meetings aimed at improving ties, progress has been slow.
Chinese President Xi Jinping and Japanese Prime Minister Fumio Kishida agreed during their November meeting in San Francisco to build "mutually beneficial" bilateral relations. This agreement was later reaffirmed by Chinese Premier Li Qiang and Kishida in Seoul in May.
As tensions persist in the region, with China regularly sending military and coast guard vessels into Japanese waters near the disputed Senkaku Islands, experts urge caution.
