Did China Just Commit A War Crime On Australia’s Navy?
In a shocking incident that has sparked outrage and condemnation, a Chinese warship allegedly injured two Australian naval divers with its sonar pulses, in what some experts are calling a potential war crime. The incident occurred on November 18, 2023, when the Australian frigate HMAS Toowoomba was conducting a routine operation in international waters in Japan’s exclusive economic zone, near the disputed Senkaku/Diaoyu islands. The Toowoomba had stopped to clear fishing nets from its propellers, and its crew had communicated their diving activity through the usual maritime channels. However, a Chinese destroyer, identified as DDG-139, approached the Toowoomba and ignored its repeated requests to stay clear. The Chinese vessel then activated its hull-mounted sonar, which emits powerful sound waves that can detect underwater objects, but also pose a serious risk to the health and safety of divers. The Australian divers were forced to exit the water, and suffered minor injuries to their ears, likely due to the sonar pulses.
The Australian government has expressed its “serious concerns” to the Chinese government, and accused the Chinese ship of “unsafe and unprofessional conduct”. The acting prime minister, Richard Marles, said that “Australia expects all countries, including China, to operate their militaries in a professional and safe manner.” He also said that the Australian Defence Force (ADF) has been undertaking surveillance in the region for decades, and does so in accordance with international law. The incident comes amid rising tensions between Australia and China, which have been locked in a trade and diplomatic dispute over various issues, such as human rights, cybersecurity, and regional security. China has also been increasingly assertive in its territorial claims in the East and South China Seas, where it has built artificial islands, deployed military assets, and harassed other countries’ vessels.
But was the Chinese action a war crime? According to the Geneva Conventions, which regulate the conduct of armed conflict, the use of weapons that cause unnecessary suffering or superfluous injury is prohibited. Moreover, the use of weapons that are indiscriminate or disproportionate to the military objective is also prohibited. Some experts argue that the use of sonar against divers falls under these categories, as it can cause permanent hearing loss, internal bleeding, organ damage, or even death. Sonar can also affect marine life, such as whales and dolphins, which rely on sound for communication and navigation. Therefore, the use of sonar should be limited to situations where there is a clear and imminent threat, and where the potential harm is minimized. In the case of the Toowoomba incident, there was no apparent threat from the Australian divers, who were engaged in a non-combat activity, and who had notified their presence to other ships. The Chinese ship, on the other hand, acted in a reckless and provocative manner, without regard for the safety of the divers or the environment. Thus, the use of sonar in this case could be considered a war crime, or at least a violation of international law and norms.
The incident has also raised questions about the rules of engagement and the escalation of conflict in the region. How should Australia and its allies respond to such incidents? How can they deter further aggression from China, without provoking a full-scale war? How can they maintain freedom of navigation and stability in the Indo-Pacific? These are some of the challenges that the naval forces of Australia and other countries face, as they operate in a complex and contested maritime domain. As Peter Zeihan, a geopolitical analyst and author, explains in his latest book, The End of the World Is Just the Beginning, the world is entering a new era of disorder and fragmentation, where the US-led global order is collapsing, and where regional powers, such as China, are scrambling for power and resources. In this context, naval power and maritime strategy will become more important than ever, as they will determine the fate of nations and regions. Zeihan argues that Australia, despite its small population and geographic isolation, has a unique advantage in this new world, as it has abundant natural resources, a strong alliance with the US, and access to the vast and rich Indo-Pacific region. However, he also warns that Australia will have to face new threats and challenges, such as China’s expansionism, climate change, and domestic politics. Therefore, Australia will have to invest more in its naval capabilities, and work more closely with its partners, such as Japan, India, and the UK, to secure its interests and values in the region.
