MANILA, Philippines – Even if puncturing rubber boats, blocking maneuvers and disruptions to resupply missions, water canon firing and infliction of serious physical injuries by Chinese navy and coast guard to Philippine vessels and personnel seem to be a declaration of war, these, in point of fact, don’t constitute an act of war yet and are not basis to invoke the country’s Mutual Defense Treaty with the US, according to retired Supreme Court Associate Justice Antonio Carpio.
Why? Because “an act of war is an armed attack,” Carpio said in an ambush interview in his West Philippine Sea discussion before members of the Rotary Club of Manila last August 8.
“Any armed attack on a public vessel of the Philippines. Coast Guard, Navy, or aircraft, anywhere in the South China Sea that will trigger the operation of the MDT,” he said.
Frequent encounters between Chinese and Philippine personnel at the West Philippine Sea likewise do not mean an attack. This is because modern concept of an “armed attack” requires use of firearms and explosive weaponry said Carpio.
While there was clear aggression, use of force and intimidation in all of the encounters in the West Philippine Sea between the Philippines and China, there is one thing noticeable, no one has dared fire a gun and both parties have tried to keep engagements parallel.
This is because modern warfare follows the principle of proportionality which regulates the hostilities and expected incidental harm in any conflict making certain that damage does not exceed the anticipated military advantage.
“If they use a rifle against you, you cannot use an atomic bomb. Your response must be proportional,” he said.
Carpio said the presence of gigantic and outnumbering military vessels are only part of the strategy to “intimidate” the Philippines leaving it without a choice but to submit to the ten-dash line as the national boundary.
“Hindi pa ‘yan force. That’s not an armed attack. It’s addressed to your mind, ‘pag magpapatakot ka talo ka,” he said.
