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Diplomacy
Map of South China Sea

South China Sea: interpretations of international law, a tool for political influence?

by Frédéric Lasserre , Olga V. Alexeeva

Renewed major tensions have surfaced once again in the South China Sea between China and the Philippines. While the immediate concern revolves around the control of reefs and islets, the underlying issue extends to the control of maritime territories, driving the parties involved. These sovereignty disputes are not novel occurrences. Conflicts in the South China Sea (SCS) have intensified since the 1960s, leading to a competition for the occupation of islands and islets in the Paracels and Spratlys. The objective was to establish control over these islands, using them as military outposts and symbols of sovereignty. With the introduction of the United Nations Convention on the Law of the Sea (UNCLOS), the rivalry transitioned towards the assertion of states' rights over maritime zones. The narrative of the parties involved has evolved regarding the legitimacy and legal characterization of the claimed maritime territories. Malaysia (1983), Vietnam (1994), and the Philippines (2009) have contended that the Spratly Islands do not merit an exclusive economic zone (EEZ), indirectly challenging China's claims. In response, Beijing has adjusted its official discourse. Is this shift in legal rhetoric a strategic reinterpretation of maritime law aimed at refuting adversaries' arguments and utilizing legal discourse as a political tool in a broader struggle for influence? An evolution in the legal discourse of Southeast Asian states In the South China Sea (SCS), a noticeable shift in the redefinition of maritime boundaries has emerged since 2009. Previously, definitions often lacked clarity and legal grounding. In recent years, Malaysia, Brunei, Vietnam, and the Philippines have sought to refine their claims, aligning them with the norms established by the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This strategic move sharply contrasts with the trajectory of the People's Republic of China (PRC), whose evolving stance has been criticized for increasingly diverging from international maritime law. Between 1994 and 2016, China's assertion over the Maritime Claims (MCS) primarily relied on the controversial nine-dash line [九段线], criticized for its ambiguity regarding the extent and legal basis of the claimed maritime territory. However, since 2016, following the ruling by the Permanent Court of Arbitration, China's discourse has shifted towards the "Four Sha" theory [四沙], positing that large (sometimes fictional) archipelagos serve as the legal foundation for its maritime claims. This shift among the Southeast Asian players could be seen as a strategic move vis-à-vis China: by refining their claims to align more closely with the principles of the Law of the Sea, these nations might aim to underscore the inherently unlawful and objectionable nature of China's assertions. This tactic underscores an increasing disparity between Southeast Asian states, endeavoring to adjust their claims in accordance with international legal norms, and China, whose assertions are grounded in disputed interpretations of maritime law. The clash of legal discourses in the South China Sea The People's Republic of China (PRC) asserts its claim to the South China Sea (SCS) through what is commonly known as the nine-dash line (Fig. 1), a demarcation that has encompassed the majority of this maritime region since 1949. However, significant ambiguity persists regarding the precise meaning and scope of this demarcation, as China has yet to provide a clear explanation despite repeated requests from neighboring states. This lack of transparency has led to frustration among neighboring nations, prompting the Philippines to file a formal complaint with the Law of the Sea Tribunal in April 2013. The Chinese government's reluctance to clarify the exact nature and coordinates of the line has fueled suspicions regarding its true intentions. Even Indonesia, which does not have territorial claims in the South China Sea, expressed concerns about the legal uncertainty surrounding China's delineation of this maritime boundary in 2010. Before 2009, Southeast Asian countries involved in disputes over island formations or maritime zones in the South China Sea (SCS) had not clearly delineated their claims, either by providing legal justifications for their extensions or by publishing precise coordinates of the boundaries of the claimed maritime areas. However, on May 6, 2009, Malaysia and Vietnam submitted a joint proposal for the extension of their continental shelves in the southern part of the SCS, followed by Vietnam's independent submission for the central part of the SCS on May 7. By doing so, they publicly disclosed the positions of the outer limits of their respective Exclusive Economic Zones (EEZs). Neither state included the island formations they claim in the SCS in the definition of their EEZs or extended continental shelves. Instead, the boundaries of the 200-mile zones are determined based on each state's coastline. For instance, both Malaysia and Vietnam have excluded the Spratly Islands from the definition of their maritime zones, indicating that they consider these island formations as rocks under Article 121(3) of the United Nations Convention on the Law of the Sea (UNCLOS), which cannot generate either EEZs or continental shelves.  Are the states of Southeast Asia pursuing a political objective by modifying their legal discourse? There has been a notable evolution in the discourse of Southeast Asian states involved in the South China Sea conflict – Vietnam, the Philippines, Malaysia, and even Indonesia, which is not directly embroiled in the dispute over sovereignty in the Spratly Islands – regarding the status of these islands and their capacity to generate maritime zones. Changes in interpretation, qualifications, or legal doctrines, as well as efforts to define international norms, can potentially be seen as a mobilization of law to achieve political objectives. When questioned about the evolution of legal analyses among the protagonists in Southeast Asia, a majority of the interviewed specialists (20 out of 25) noted a clear shift in the discourse of these four countries. There is a consensus that they seek alignment with the principles of the Law of the Sea. These states are exploiting ambiguities in Article 121 for political purposes: it involves waging "legal guerrilla warfare" and "legal diplomacy" to underscore China's divergent stance and, implicitly, its disregard for the spirit of UNCLOS. Chinese Response: Reassessing Island Groups in the South China Sea? On July 12, 2016, the Permanent Court of Arbitration in The Hague issued its ruling following the Philippines' claim filed in 2013. The Court's decision rebuffed Chinese assertions regarding historical rights and determined that none of the island formations in the Spratlys qualify as islands under Article 121, precluding them from generating an EEZ or continental shelf. China vehemently rejected this ruling, refusing to acknowledge the arbitration. However, Chinese rhetoric has shifted since 2016, indicating a willingness to adjust its arguments in light of the Court's findings. Before 2016, China asserted its sovereignty over the islands in the South China Sea without specifying the status of the Paracels or Spratlys island groups. However, since 2016, China has been advancing a new line of argumentation, grouping the island formations in the South China Sea into cohesive units. Chinese sovereignty is claimed to be derived from control over four blocks of islands forming coherent entities. It appears that Chinese legal experts are attempting to introduce a novel concept, as China cannot assert itself as an archipelagic State under UNCLOS. Such status would allow continental States to draw baselines around their archipelagos, which are considered territorial units. This concept faces significant challenge from numerous Western legal experts. Hence, in the Chinese narrative, there's a departure from discussing individual island groups or the ambiguous nine-dash line, towards emphasizing four archipelagos as the fundamental units of Chinese legal discourse. This shift, while sidestepping the PCA's 2016 ruling and distancing itself from the weakened concept of "island" due to the arbitration's denial of China's EEZ rights in the Spratlys, introduces the notion of archipelagos, purportedly enabling the creation of maritime zones in official discourse. However, this stance is dubious under the Law of the Sea, as it doesn't permit continental States to exploit the establishment of archipelagos outlined by lengthy baselines. Moreover, it doesn't authorize the generation of maritime zones from archipelagic entities if the islands constituting these archipelagos cannot themselves establish an EEZ or continental shelf.    Conclusion In the South China Sea, there has been a notable shift in legal positions by both China and the Southeast Asian states. Vietnam, the Philippines, and Malaysia are now advancing the argument that the islets fail to meet the criteria outlined in Article 121(3), thus negating the establishment of an EEZ or continental shelf. This reclassification not only impacts their own claims but, more significantly, challenges China's assertion of expansive maritime territories under international law. This strategic maneuvering appears to signify a politicized manipulation of maritime legal frameworks. Conversely, China has also undergone doctrinal evolution, transitioning from conventional maritime claims rooted in the Paracels and Spratlys islands, to the historically contentious nine-dash line, and most recently, the emergence of the "Four Shas" concept, positing four coherent archipelagos as the basis for EEZs. This progression aims to establish a novel legal foundation to defend its ambitious territorial claims. In essence, these legal transformations underscore the instrumentalization of law as a means to advance and safeguard national interests, with China advocating for a distinct interpretation of international legal norms.

Defense & Security
Group of Chinese army soldiers in uniform lining up in Tiananmen

China’s Military Buildup: the Biggest Since 1945?

by Greg Austin

The Australian government asserts that China’s military buildup is the largest of any country in post-war history. Their threat perception is overblown. The Australian government claims that China has made the biggest military buildup of any country since 1945. The statement is contained in the 2023 Strategic Review: “China’s military build-up is now the largest and most ambitious of any country since the end of the Second World War.” The claim has been repeated in several media interviews by the Defence Minister Richard Marles in Australia and overseas. Such claims are hard to pin down since analysing them throws up different possible methods for assessing a buildup, let alone its ambition. Nevertheless, on the basis of a normal interpretation of “biggest military buildup” since 1945, the dubious honour falls to the USSR in the 23-year period from 1962 (the Cuban missile crisis) to 1985 when it was engaged in global confrontation with the United States and military confrontation with China on their mutual border. If we compare the surge we saw in the USSR in that 23-year period with the surge in China’s buildup in a similar time span, between 2000-2023, the conclusion is stark. China’s build up is not only smaller in terms of comparative growth rates in key categories of military capability (nuclear warheads, intercontinental missiles, submarines, and principal surface combatants), but the end point in numbers arrived by China at the end of its 23-year buildup are far smaller than those achieved by the USSR in 1985. For example, the USSR had 40,000 nuclear warheads in 1985 and China in 2023 has only 500. The USSR in 1985 had ten times the number of intercontinental and sea-launched nuclear ballistic missiles as China does today. China is currently engaged in a modernisation and likely expansion of its forces in coming years, but the comparison over 23 years between China (2002-2025) and the Soviet period (1962-1985) would not change significantly. For the time being, however, the claim by the Australian government would not appear to be borne out by the facts. There is another contender to join the ranks ahead of China in the record for the biggest military buildup since 1945, and that is the United States in the 23 years from 1949 to 1972. This period began just after the start of the Cold War in 1948, the signing of the North Atlantic Treaty in 1949, and the victory of Communist Forces in the Chinese Civil War in the same year. In that period, the US fought two major local wars: in Korea and in Vietnam. The end point of this period is marked by détente between the US and both the USSR and China, and the US-Soviet strategic arms limitation agreements. Table 1 below offers a comparison of numbers for selected categories of military platforms and for nuclear warheads at the end point of the three different buildups over the selected 23-year periods. The data shows that China cannot claim to have the biggest military buildup since 1945, and that it sits well behind the USSR and the US in that effort. Table 1: Platform numbers at the end-point of the buildup US 1972, USSR 1985, CHINA 2023. Source*     US 1972 USSR 1985 PRC 2023 ICBM 1,000 1,396 350 SLBM  656 983 72 N-Warheads  26,516 ~40,000 ~500 Strategic Submarines (SSB or SSBN)  41 70 6 Attack Submarines (SSK and SSN)  94 206 53 Aircraft Carriers  17 3 2 Principal Surface Combatants  242 280 97 Bomber ACFT  455 847 500 Tactical Combat ACFT  7,560 6,300 2,394 Tanks  9,434 52,600 4,200 Artillery  6,318 39,000 7,600   The government’s intent in using the phrase “biggest military buildup” in connection with China is to imply it is the biggest military or strategic threat that Australia and its allies have faced since 1945. This implication is reinforced by the equally questionable claim by the prime minister and many officials over several years that Australia faces its most challenging strategic environment since 1945. This proposition is as easily contradicted by the facts as the claim about biggest military buildup, as analysed in my critique in the journal of the International Institute of Strategic Studies, under the title, “Australia’s Drums of War” published in 2021. China poses clear threats to Australian strategic and military interests, but the pace and scale of its military buildup have only been modest compared with the two historical examples cited. The categories selected for Table 1 relate primarily to China’s capability to project power well beyond its coastal areas and beyond Taiwan. That set of categories used is one often seen in comparisons of national military capabilities in the broad. In contrast, there are categories of platforms where the buildup has been more rapid and consequential, such as in dual-use (conventional or nuclear) intermediate range ballistic missiles (IRBM) and smaller ships (corvettes) and patrol craft. Yet these capabilities relate almost entirely to coastal areas or near sea areas, especially for localised contingencies involving Taiwan and/or Japan. The rapid expansion of these lighter and smaller maritime forces and the large number of IRBMs for localised contingencies is what Australia and its allies need to address. In particular, the expansion of the number of smaller patrol craft would be a particularly powerful enabler for unconventional scenarios of strategic pressure by China on Taiwan. It is doubtful that the exaggeration of China’s general military buildup is helpful in achieving that focus. China has good options for irregular operations and subversion against Taiwan that it will almost certainly take before risking a major military confrontation with the US and its allies. *Data is not fully consistent in different sources. For China, the data in Table 1 is based on the US Dept of Defence, “Military and Security Developments in the People’s Republic of China,” October, 2023. Data for the USSR is based on Department of Defense, “Soviet Military Power 1986,” 1986. Data for the US is based on several official US documents. These include ‘The Joint Chiefs of Staff and National Military Policy 1969-72,” 2013; Naval History and Heritage Command, “US Ship Force Levels 1886-Present,” undated; US Dept of State, “Transparency in the US Nuclear Weapons Stockpile,” undated; and Congressional Research Service, “US/Soviet Military Balance Statistical Trends’ 1970-1980,” October 1981. The author has also consulted IISS, “The Military Balance 1973,” 1973. Note that the census date for these various sources is not always clear but the author has assumed them to refer to platform holdings during the year indicated in Table 1 even if the publication date is the year following.

Diplomacy
China and the USA wrestle over Taiwan

When Giants Wrestle: The End of Another Round of Tensions Between the United States and China?

by Ofir Dayan , Shahar Eilam

How are the fluctuating tensions between Washington and Beijing over Taiwan expected to affect Israel? On January 13, William Lai, the leader of the Democratic Progressive Party (DPP), was elected president of Taiwan. A few days earlier, for the first time in four years, the United States-China Defense Policy Coordination Talks took place in Washington, marking the end of a prolonged round of tension between the two powers, which had peaked in August 2022 when the speaker of the US House of Representatives visited Taiwan. Taiwan is a major point of friction in the already tense relations between the two powers. Managing the disagreements between them has broad implications, including for Israel. The ongoing strategic rivalry between the two superpowers—the United States and China—is the most important geostrategic factor of our time. The two countries are vying for technological dominance and control over resources, that will shape our future, and infrastructure that is critical for civilian, economic, and military purposes. The United States and China are also competing for global influence by forming partnerships and trying to influence world order, including its values, institutions, and mechanisms that regulate it. Can they shape the rules of the competition between them without spiraling into a military conflict that would have devastating global consequences? Taiwan may be the most volatile flashpoint in the complicated relationship between the two powers. For China, the “reunification” with Taiwan is one of its “core interests”—a top objective and a flagship issue in its foreign policy. Although the United States has repeatedly declared that it is committed to the “one China” policy, it is also an ally of Taiwan. The United States has warned China to refrain from making unilateral, aggressive moves vis-à-vis Taiwan, while supplying Taiwan with military resources to deter China and prevent a forceful takeover. Since assuming power in 2013, President Xi Jinping of China has repeatedly emphasized Taiwan’s unification with China as a key objective. During a meeting with President Joe Biden in November 2023, President Xi said that China “prefers” a peaceful unification, but he did not dismiss the use of force. On the eve of Taiwan’s 2024 elections, President Xi further stated that unification is “inevitable.” The tensions between the powers over Taiwan had escalated following the previous elections on the island in 2020. During this period, senior American officials visited Taiwan, and the United States and Taiwan signed weapons deals in August and September of that year, followed by a marked increase in Chinese military aircraft penetrating the island’s air defense identification zone and crossing the “midline” between the island and mainland China. China’s perception of encirclement was further heightened by the United States’ strengthening of its alliances and initiatives in the Indo-Pacific region (such as QUAD, AUKUS, and IPEF) and by the increased diplomatic pressure exerted on China, through boycotting the 2022 Winter Olympics and protesting its human rights record. But even during this period, despite rising tensions, the two nations maintained ongoing communications, including the Alaska talks in March 2021—although they were notably tense—and the meeting between the presidents in November of that year. The tension peaked in April 2022, when then Speaker of the US House of Representatives Nancy Pelosi announced her intention to visit Taiwan. China strongly protested, and the White House even recommended Pelosi to reconsider her visit due to concerns about potential military escalation. Pelosi refused and proceeded with her visit in August, delivering a speech at the Taiwanese legislature and advocating for increased American–Taiwanese cooperation. In an article published in the United States before her visit, Pelosi wrote that “at a time when the world faces a choice between autocracy and democracy . . . it is essential that America and our allies make clear that we never give in to autocrats.”   In response to Pelosi’s visit, China held a large-scale military exercise that disrupted air and maritime traffic in the region and released a white paper emphasizing “The Taiwan Question and China’s Reunification in the New Era.” Furthermore, as a countermeasure to Pelosi’s visit, the Chinese Ministry of Foreign Affairs announced that it was suspending all dialogue and cooperation with the United States, including dialogues between the military commands, the ministries of defense (DPCT), and the maritime military coordination (MMCA), and cooperation in the fields of illegal immigration, criminal legal assistance, transnational crimes, counternarcotics, and climate change. In November 2022, presidents Biden and Xi met in Bali, Indonesia, in an attempt to put the relations between the two powers back on track. After the meeting, the White House issued a statement announcing that the United States will continue to compete actively with China, but the two countries must manage their competition responsibly, without letting it escalate, while maintaining open channels of communication and continuing to cooperate on global issues such as climate change, counternarcotics, debt relief, health, and food security. Regarding Taiwan, the United States reiterated its commitment to the one China policy but strongly opposed China’s aggressive actions, which violate peace and stability in the Strait and in the entire region. The Chinese also released a statement, noting that President Xi highlighted that Taiwan is a core Chinese interest and constitutes a red line that is nonnegotiable in the relations between the two countries. It was anticipated that the year 2023 would begin on a more positive tone, with US Secretary of State Antony Blinken’s scheduled visit to China in February. The visit was canceled when a Chinese balloon was discovered floating over US territory for a week until the US Air Force intercepted it. Although the White House at first tried to downplay the incident, with President Biden initially referring to it as a “minor breach” and said that the Chinese government was unaware of the issue. China claimed that a weather monitoring and research balloon had strayed off course. Public pressure, however, led the administration to cancel Blinken’s visit. Subsequently, the US Department of Commerce imposed restrictions on six Chinese companies linked to balloon and aviation technologies that are used by the Chinese military, requiring that they receive special approval to access American technology. In April and May, China retaliated at a relatively low bar by imposing sanctions on a US member of Congress who visited Taiwan and sentenced an American citizen living in Hong Kong to life imprisonment, for alleged espionage for the United States. These actions reflect the efforts of both China and the United States to take focused, restrained measures, to avoid escalating tensions. The absence of a strong reaction from China to the establishment of a select committee within the US House of Representatives, focused on examining the US–China strategic competition, suggests that China sought to prevent further escalation of the conflict.   Efforts to end the crisis and restore talks were renewed in May 2023 when the head of the CIA met with his Chinese “counterparts.” In June, US Secretary of Defense Lloyd Austin and Chinese Minister of Defense Wei Fenghe met on the sidelines of the Shangri-La conference in Singapore. Secretary of State Blinken’s anticipated visit to China took place later that month. In July, US Special Envoy for Climate John Kerry and Secretary of the Treasury Janet Yellen traveled to China, followed by a visit of US Secretary of Commerce Gina Raimondo in August. These high-level meetings concluded on a note of cautious optimism, with both sides acknowledging “progress” but not a “solution,” as the purpose of the meetings was to stabilize relations rather than to resolve the issues in dispute. In September 2023, Secretary of the Treasury Yellen and Chinese Finance Minister He Lifeng launched two new working groups on economic and financial issues. Moreover, Pentagon officials and their Chinese counterparts met and discussed the US Department of Defense’s cyber strategy, followed by a meeting of the American and Chinese presidents in San Francisco in November. The American efforts to renew the military dialogue between the two countries was initially met with refusal by China until December, when General Brown, the chairman of the Joint Chiefs of Staff, spoke with his Chinese counterpart General Liu Zhenli. In early January 2024, a few days before the elections in Taiwan, the annual Defense Policy Coordination Talks between the two countries were held at the Pentagon for the first time in four years. These developments reflect China’s acute sensitivity toward the Taiwan issue and its willingness to take significant measures against perceived violations of its One China Policy, especially by the United States. Despite numerous disputes, the growing rivalry between them, the defiant measures, and the reciprocal sanctions, these events highlight that the two powers recognize the importance of keeping channels of communication open. This dialogue is crucial for pursuing shared interests, resolving disputes, and minimizing the risk of military escalation that could have far-reaching consequences for both nations as well as the global community. The ongoing tension between the United States and China over Taiwan also has implications for Israel. First, the increasing friction between the powers has accelerated the formation of two opposing camps and has limited Israel’s ability to maneuver between them. As demonstrated (again) since the outbreak of the war between Israel and Hamas, the United States is Israel’s greatest friend and its most important strategic ally. While China is an important economic partner of Israel, its policy is not that of a friend, and its oppositional stance toward Israel has the potential to cause significant damage. The United States expects its allies to stand by its side and to align more closely with its policies vis-à-vis China, especially concerning advanced technologies and critical infrastructure. Failing to meet US expectations could strain US–Israel relations. Second, a military escalation between the United States and China would also have global economic consequences, seriously disrupting supply chains of raw materials and essential goods crucial to Israel. Finally, the US administration recently linked the military aid granted to Israel to that of both Taiwan and Ukraine, framing them as three democracies under threat. While this linkage underscores the US commitment to its allies, it also creates constraints and interdependencies. The attention and resources that the United States currently allocates to Israel and to the broader challenges in the Middle East could be compromised if the United States faces serious military crises elsewhere in the world, and this could have far-reaching impacts on Israel.

Defense & Security
Bomb with the Flag of North Korea

Nuclear tensions on the Korean Peninsula set to worsen in 2024

by Alistair Burnett

2024 looks set to be an even more perilous year than 2023 on the Korean Peninsula as nuclear threat and counter threat have escalated even further since the beginning of January. On New Year’s Day, South Korea’s defence ministry repeated previous threats to destroy the North Korean “regime” if it uses nuclear weapons. This was a response to North Korean leader, Kim Jong Un’s speech the day before in which he told his military to prepare for possible war. Since then, Kim has said he has given up on the idea of peaceful reunification with South Korea designating it a hostile state and again warned of possible war. In the past week alone, Kim has called for a change in the constitution to designate Seoul as Pyongyang’s “primary foe” and a confidence building military agreement with the South agreed in 2018 has started to fall apart as the South Korean armed forces resumed frontline aerial surveillance in the wake of North Korean artillery exercises near a South Korean island on the maritime border between the two states. The expected change in the constitution of the Democratic People’s Republic of Korea (North Korea’s official name) follows an amendment last year that enshrined nuclear weapons in it. This week has also seen the North testing what it says is a solid-fuelled hypersonic missile and an underwater nuclear drone in response to what some observers say is the largest ever joint naval exercise between South Korea, the United States and Japan. Analysts believe Pyongyang is developing both so-called strategic and tactical nuclear weapons in order to deter the US which is committed to use nuclear weapons in South Korea’s defence. North Korea has been testing more and more advanced ballistic missiles and warheads, some with the range to reach the US and has also said it is developing ship-launched cruise missiles, while the Americans have been mounting repeated shows of force including military exercises using nuclear-capable aircraft and the visit of a nuclear-armed submarine to South Korea. Last year, the US and South Korea agreed to increase their cooperation on the planning for the use of nuclear weapons following earlier statements by South Korean President, Yoon Suk Yeol, that suggested Seoul might develop its own nuclear weapons. Yoon has since cooled talk of acquiring nuclear weapons, but the debate continues in policy circles. Another escalatory move has been increasing military cooperation between the US, South Korea, and Japan, which also endorses the use of American nuclear weapons in its defence. In the light of this, some analysts see the Korean Peninsula as the most dangerous nuclear flashpoint in a world that currently has no shortage of conflict involving nuclear-armed states in Ukraine and Gaza. Alicia Sanders-Zakre, ICAN’s Policy and Research Coordinator, called for restraint on all sides: “Inflammatory nuclear rhetoric and threats, accompanied by military exercises and weapons tests, ramp up tensions and bring us closer to the brink of catastrophe. All nuclear-armed states, including North Korea and the US, as well as those allied on nuclear policies, such as Japan and South Korea, need to take urgent steps to de-escalate tensions and to break free from the dangerous doctrine of nuclear deterrence. Joining the Treaty on the Prohibition of Nuclear Weapons is a crucial step to delegitimise nuclear deterrence and eliminate nuclear weapons.” North Korea uses the same justification for its actions as the US, and the other declared nuclear-armed states. Just like Washington, Pyongyang says it is committed to disarmament, but argues the security threats it faces mean it needs nuclear weapons to deter its enemies. The doctrine of deterrence is based on the threat to use nuclear weapons with all the catastrophic consequences that would entail for the whole world. As the states parties to the Treaty on the Prohibition of Nuclear Weapons (TPNW) declared at their recent meeting in New York: “the renewed advocacy, insistence on and attempts to justify nuclear deterrence as a legitimate security doctrine gives false credence to the value of nuclear weapons for national security and dangerously increases the risk of horizontal and vertical nuclear proliferation.” The TPNW is growing in strength and has just welcomed its 70th state party while a further 27 countries are signatories. These states recognise that the total elimination of nuclear weapons is a global imperative and they are showing responsible leadership by championing the treaty as the best way to end the existential threat posed by nuclear weapons.

Defense & Security
Map of the Red Sea, with the location encircled

The Red Sea crisis is a new blow to global supply chains.

by Salvador Sánchez Tapia

In March 2021, the container ship Ever Given ran aground in the Suez Canal. The six days the canal remained closed raised a wave of concern worldwide as it blocked passage through this strategic route, which handles 30% of the world's container traffic. The incident caused serious delays in global supply chains, with its effects still being felt months after the crisis. The concern over the Ever Given case now pales in comparison to that provoked by attacks from the Houthi rebels, a Yemeni insurgent group, in the vicinity of the Bab el-Mandeb Strait, at the entrance of the Red Sea, on the route from European markets through the Suez Canal. In early November 2023, this rebel group began bombarding Israeli and American targets in support of the Palestinian group Hamas. Their attacks, which have extended to commercial traffic venturing through the area, aim to provoke a collapse that forces Israel to halt its offensive in Gaza. Cost overruns and longer distances The impact of this situation on the global economy is not easily quantifiable, but initially, it has led to higher insurance costs for those who continue to use this route. Also, there are additional costs for shipping companies that, to avoid the area, have decided to divert traffic towards the route around the Cape of Good Hope. At 9,000 kilometers and 14 days longer, this route is currently safer than the Suez Canal. Furthermore, it can be expected that sustained tension in this area will eventually lead to an increase in energy prices. Approximately 12% of the world's traded oil passes through the Suez, first passing through the Bab el-Mandeb Strait. All of this adds to the extra costs generated by delays resulting from circumnavigating Africa and the possibility of imbalances between supply and demand for inputs. All these factors create a scenario that, if sustained, will likely translate into an increase in consumer prices and a resurgence of inflation. This situation directly affects Europe, but also countries like China or India, not to mention the very negative effect it has on the economy of Egypt, the country that controls the Suez Canal. Difficulties and Risks This is not the only maritime passage facing difficulties. In Panama, the decrease in the depth of the canal, as a result of a prolonged drought, prevents the passage of heavier vessels, which must seek alternatives, often more expensive. Furthermore, it cannot be ruled out that, due to their location in areas of great geostrategic importance, the Strait of Hormuz (Persian Gulf) or the Strait of Malacca (Southeast Asia) may also become sources of instability, crucial points for international maritime transport. If instability persists, the search for alternative routes becomes an evident necessity. In fact, it is already underway. Besides the one around Africa, other routes to connect Asia and Europe could be explored: the Arctic route, limited by environmental and geopolitical reasons, could contribute, albeit probably modestly, to alleviating the situation. Others that combine land and sea segments could also do so. However, this latter option is complicated by the topography and the difficulty of finding routes that bypass conflict-ridden areas or do not give China the key to access them. Vulnerable Supply Chains Given the difficulties global supply chains have faced in less than five years (the COVID-19 lockdowns, the war in Ukraine, and now the attacks at the entrance of the Red Sea), it is pertinent to consider how to mitigate their vulnerability, whether it is advisable to redesign them, and even if free and globalized trade remains viable as it is known today. Issues such as redundancy in supply chains and diversification of suppliers and markets allow for the creation of resilient systems that ensure the flow of resources. Reconsidering the balance between just-in-time logistics and accumulation logistics to achieve greater autonomy would help cushion the effects of an interruption like the one currently experienced in the Red Sea. The other question is how to create an environment that restores freedom of navigation through the Suez Canal. The United States launched the "Guardian of Prosperity" operation, which has not been supported by all countries trading through the canal and has also raised suspicions among those who see it as an undesirable alignment with Israel or as a safe path to the regional extension of the war in Gaza. Finding a solution that does not involve increased costs at all levels of global supply chains will be difficult. Rather, the goal is to calculate whether this increase compensates for what could be lost if the current situation, increasingly subject to the instability of the international system, is maintained.

Diplomacy
Taiwan, EU and China Flag

The post-election Taiwanese economy: decisions ahead and takeaways for the European Union

by Alicia García-Herrero

The EU should try to attract more business from Taiwan, though Taiwan’s January 2024 election hasn’t made the job easier Taiwan’s economy has transformed since 2016 under the leadership of the Democratic Progressive Party (DPP). In particular, the Taiwanese economy has diversified away from mainland China, while reliance on semiconductors is now even more acute than eight years ago. In elections in January, the DPP won the presidency for a third term but lost overall control of Taiwan’s parliament, the Legislative Yuan. In contrast to the previous two terms, the DPP therefore needs to agree policy, including economic policy, with other parties. this could signal a softer approach in relation to the continuation of diversification away from the mainland. Ongoing diversification Mainland China remains Taiwan’s biggest export and investment destination, despite the share of Taiwan’s exports that go to China reducing from 40 percent on average between 2016 and 2019 to 35 percent in 2023 (Figure 1). This has happened even though Taiwan signed a free trade agreement with mainland China in 2010 – the Economic Cooperation Framework Agreement (ECFA) – which at the time led to an increase in Taiwanese exports to the mainland. The COVID-19 pandemic in 2020 also triggered a sharp increase as the rest of the world entered a deep recession, but the trend has not lasted. Since 2021, the share of Taiwanese exports going to the mainland has dropped significantly, influenced by US export controls on high-end semiconductors, with a clear knock-on effect on Taiwanese exporters.   Taiwanese FDI into mainland China has also shrunk rapidly, from 65 percent of total Taiwanese FDI on average from 2008-2016 to 34 percent on average from 2017-2023 (Figure 2). The difference between these periods is that in the former, Taiwan was governed by the Kuomintang (KMT, Chinese Nationalist Party), which favours closer relations with the mainland, while in the latter period the DPP was in charge. There are both geopolitical and economic reasons for mainland China’s falling share of Taiwanese FDI. First, the ECFA trade and investment agreement, reached under the first term of KMT President Ma Ying-jeou, was not extended when a new round of negotiations started in 2012, to include technological cooperation, finance and people-to-people exchanges. A broader economic agreement between Taiwan and the mainland, mostly focusing on services – the Cross-Strait Service Trade Agreement (CSSTA) – fell victim to lack of consensus among Taiwan’s main political parties, increased tensions in the Taiwan Straits and student protests in Taiwan (the so-called Sunflower movement) in 2014.1 Second, with the DPP victory in 2016, the new Southbound Policy 2 was launched, offering incentives for Taiwanese companies investing in 18 Asian countries, including ASEAN 3, India and other South Asian and Australasian nations. In addition, rising labour costs in mainland China, the ongoing trade war between the US and China, an increased regulatory burden in the mainland and political tensions between the two sides of the Taiwan Strait also pushed Taiwanese businesses to look elsewhere to invest. -    The new political reality and geographical diversification While the election-winning DPP wants to see further diversification away from the mainland, the more pro-China party, the KMT, wants reinforced economic relations with China.4 Because of the now-hung parliament, the DPP will need to take some of the KMT’s wishes into account it wants pass new rules, including those related to geographical diversification. Beyond the two parties’ preferences, two other important issues also need to be factored in. First, geographical diversification requires open markets but Taiwan is increasingly unable to open any market through trade or investment deals. Taiwan has spent the last eight years negotiating bilateral deals with its closest allies, Japan and the US, but the DPP administration has not even been able to complete these. Incoming President Lai has said that Taiwan should continue to push to be part of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), to which it applied in September 2021, but the reality is that Taiwan’s application has little hope of success. China officially applied to be a member of the CPTTP only a couple of days before Taiwan. Since then, the United Kingdom has become a member of CPTTP, but the negotiation processes with Taiwan and mainland China have not started. Australian’s prime minister, Anthony Albanese, has expressed severe doubts about Taiwan’s ability to become member of CPTTP because of lack of international recognition of it as a nation-state.5 Second, while the DPP is likely to continue to offer more fiscal incentives to promote diversification in Southeast Asia and India (under the Southbound Policy), the fastest-growing destination for both exports and foreign direct investment from Taiwan is the United States, followed by Japan. This can be explained by the ongoing artificial intelligence revolution, which needs semiconductors, and the decisions of some key Taiwanese chip companies (especially TSCM) to open factories overseas for chip production, with the US and Japan as the most important destinations. In other words, the DPP’s push for geographical diversification might not be the main reason why diversification has happened; rather, it has been driven by market forces and business opportunities. This also means that the KMT push to maintain – if not deepen – economic ties with mainland China might not succeed unless China’s currently underwhelming economic performance turns around. Implications for the European Union So far, the EU has benefitted little from Taiwan’s trade and investment diversification, at least when compared to the US and the rest of Asia. The EU’s export share into Taiwan has remained practically stagnant (while the US has doubled its share), notwithstanding a large increase in exports from the Netherlands for a single item – ASML’s lithography machines for chip production. The EU lacks a trade or investment deal with Taiwan, but so do some of Taiwan’s other trading partners, including the US. Considering that the EU is the largest foreign direct investor in Taiwan, the question arises of whether the EU should do more to foster more bilateral economic relations. The gains could be substantial, especially from inbound FDI as Taiwanese investment focuses on high-end manufacturing. There has been some movement. A €5 billion investment in France by a Taiwanese company (ProLogium) was announced in May 2023 to build a battery factory 6 . TSMC announced in August 2023 a €4.5 billion investment in a semiconductor factory in Germany 7 . But for the EU to catch up with Japan and the US as a recipient of outbound FDI from Taiwan, the result of Taiwan’s elections could be an obstacle. This is because the DPP will have less control of the economic agenda because it does not control the Legislative Yuan. The close-to-impossible negotiation of a trade and investment deal between the EU and Taiwan – as shown by Taiwan’s difficulties in relation to Japan, the US and the CPTTP – does not point to any improvement in the institutional framework for economic relations to improve. The question, then, is what can the EU offer to attract high-end foreign direct investment from Taiwan? Subsidies to attract semiconductor factories cannot be the only answer, given the very large amounts needed and the pressure such subsidies put on EU member states’ already stretched finances (Legarda and Vasselier, 2023). Working with business associations and chambers should be a key driving force to improve business relations between Taiwan and the EU, especially considering that the EU is the largest foreign foreign direct investor in Taiwan, while Taiwanese companies have been absent from the EU single market until recently. Overall, the US and the rest of Asia have been the main winners from Taiwan’s rapid diversification of its economy away from mainland China. The EU, which is lagging, should work to enhance its economic exchanges with Taiwan. Hopefully the January 2024 election results will facilitate this. Most importantly, the EU should aim to attract more high-tech FDI from Taiwan. Unfortunately, a better institutional framework through a trade/investment deal seems highly unlikely, for geopolitical reasons. This puts all the burden on chambers of commerce and other forums to improve business relations. References 1- The Sunflower Movement was a student-led protest that occuped Taiwan’s Legislative Yuan to put pressure on the KMT government against signing a second cooperation deal with mainland China. See Ho (2018). 2- See the New Southbound Policy portal at https://nspp.mofa.gov.tw/nsppe/. 3- Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. 4- Alicia García-Herrero, ‘Taiwan’s future economic direction hinges on the election outcome’, First glance, 12 January 2024, Bruegel https://www.bruegel.org/first-glance/taiwans-future-economic-direction-… 5- Claudia Long and Stephen Dziedzic, ‘Albanese says Australia is unlikely to support Taiwan 6- France24, ‘Taiwanese battery maker Prologium to invest €5 billion in French factory’, 12 May 2023, https://www.france24.com/en/europe/20230512-taiwanese-battery-maker-pro…. 7- DW, ‘Taiwan’s TSMC to build semiconductor factory in Germany’, 8 August 2023, https://www.dw.com/en/taiwans-tsmc-to-build-semiconductor-factory-in-ge…. Ho, M.-S. (2018) ‘The Activist Legacy of Taiwan’s Sunflower Movement’, Carnegie Endowment for International Peace, 2 August, available at https://carnegieendowment.org/2018/08/02/activist-legacy-of-taiwan-s-sunflower-movement-pub-76966 Legarda, H. and A. Vasselier (2023) ‘Navigating Taiwan relations in 2024: Practical considerations for European policy makers’, China Horizons, 21 December, available at https://chinahorizons.eu/our-research/policy-briefs/278-navigating-taiwan-relations-in-2024-practical-considerations-for-european-policy-makers

Defense & Security
Russian and Iranian flags on matching puzzle pieces

Increased Iran-Russia Military Cooperation After the Ukraine Invasion: Impact of US/Western Sanctions

by Ian Dudgeon

Iran and Russia have entered a closer political, economic, and military relationship during the past two years, the trigger widely seen as the upsurge in defence cooperation following Russia’s full invasion of Ukraine in February 2022. This new relationship, described variously as a strategic alignment or strategic partnership, was seen by both Tehran and Moscow as necessary to meet mutual and separate critical national needs due to the restrictive effects on both of US and Western sanctions. Iran’s international affairs, since its 1979 Islamic revolution, have been largely shaped by two factors. The first is Iran’s strong adherence to national autonomy, maximum self-sufficiency, and non-alignment. The latter has included, as far as practical, a balance between East and West, or today, Global South and Global West. However, Iranians are cautious about trusting others. While, therefore, a strategic alignment with Russia, or potentially others, could be acceptable, a formal alliance that compromise’s autonomy, would not. The second factor is Iran’s relationship with the US, and in turn with Europe, other Western countries and the UN, and their use of sanctions to deter or change international adversarial differences. Iran-US relations since Iran’s 1979 Islamic revolution have been tense and conflicted, and especially with Iranian-supported regional state and non-state militia. Major US concerns include Iran’s support for “state and non-state terrorism,” human rights abuses, missile development, and their potential, some say intent, to develop a nuclear weapons capability. Decades of broadly-based US sanctions, along with EU and UN sanctions, the latter mostly nuclear related, have strongly impacted the nation. The one short period of Iran-US rapprochement commenced in 2016 when President Barack Obama successfully brought Iran onboard as a signatory to the Joint Comprehensive Plan of Action (the JCPOA) or nuclear agreement. Obama’s aim was to firstly resolve the nuclear issue and use this as the stepping-stone to negotiations on other regional security issues. But this two-step process was undone by President Donald Trump‘s 2018 decision to unilaterally withdraw from the JCPOA and reimpose US primary and secondary sanctions. Trump’s action, and President Joe Biden’s subsequent “failure” to rejoin the JCPOA and repeal related US sanctions, bitterly disappointed a large cast of international stakeholders, including Iran’s moderates and other JCPOA signatories. For Iran, the US could not be trusted to seriously seek rapprochement and repeal US sanctions either before, or foreseeably after, this year’s US presidential elections. This distrust extended also to the Europeans and others who would continue to remain subject to US secondary sanctions. Iran saw its future fundamentally with countries that were willing to openly trade with them, notwithstanding US sanctions, and other countries or organisations that were prepared to overlook or actively circumvent or evade sanctions. Multilateral outreach included Iran joining two major non-aligned groups in 2023, the SCO (Shanghai Cooperation Organisation) and BRICS+6 (Brazil, Russia, India, China, South Africa + 6). These comprise some 40 percent and 46 percent respectively of the world’s population, and some 20 percent and 30 percent of global GDP. BRICS also includes some 40 percent of global oil production. Key members of both include Russia, China, and India. Saudi Arabia, the UAE, and Egypt are part of the “+6 members” of BRICS, and are also Dialogue Partners of the SCO. Both organisations offer significant additional political and economic networking opportunities and economic options. Bilaterally, the relationship between Tehran and Moscow, from its imperialist Shah/Tsar and post-revolutionary Iran and USSR/Russia iterations to the late 1980s, has had its share of tensions and conflict, including territorial disputes. The past 30-year period from the early 1990s to 2021, however, has been relatively stable. Geographic proximity, including a maritime border across the Caspian Sea, facilitated a significant increase in trade, reportedly from some US$1 billion in 2005 to US$3.3 billion in 2021. Mutual security interests also saw an increase in regional military cooperation, including joint operations against ISIS in Syria, and increased Russian sales of military equipment to Iran. The relationship changed significantly in early 2022 due to Russia’s increased military equipment needs, and to help offset the broad impact of sanctions imposed by the US, the EU, and others on Russia in response to its invasion of Ukraine. Militarily, increased Iranian defence sales to Russia have included a range of munitions, UAV (unmanned aerial vehicles) systems, and potentially Iranian short range ballistic missiles (SRBMs). The UAV deal includes the construction of a factory for manufacturing thousands of Iranian drones in Russia’s Tartarstan province. In return Russia has sold, or agreed to sell, to Iran a range of advanced weapons systems, including the S-400 air-defence missile, helicopters, and SU 34 fighters. Enhanced cyber and satellite cooperation was also agreed. Russia has also passed to Iran many of the high technology Western weapons systems captured in Ukraine, enabling Iran to evaluate, copy, and develop counter-measures. Significantly, this new level of Iranian-Russian cooperation has lifted the military capability of both, with implications for the Middle East and Ukraine respectively. But how effective have the sanctions been? Iran has been subject to harsh sanctions since 1979, and developed a “resistance economy” involving official and extensive unofficial trade and financing arrangements. Because many related statistics are unreliable or unavailable, official GDP estimates may be highly inaccurate. Importantly, however, and despite fluctuations, the World Bank shows a consistent decline in Iran’s GDP since 1979. For Russia, due to shifting markets and higher prices for oil since early 2022, their GDP contracted some 2 percent only that year compared to a prediction of more than 11 percent, and has mostly recovered since. Economically, despite the challenges of sanctions, bilateral cooperation is strong, both economies still function, and their governments remain stable. Militarily, sanctions have facilitated closer cooperation between Iran and Russia, contrary to US, NATO, and allied interests. Are there areas for the US to negotiate the lifting of sanctions with Iran and Russia? US priorities for Iran could include rejoining the JCPOA, facilitating a reduction or cessation of state and non-state militia attacks against regional Israeli, US, and related maritime targets, and restricting specified military cooperation with Russia. US priorities for Russia could include various ceasefire compromises involving the war in the Ukraine, and restricting specified military cooperation with Iran. And the likelihood of progress? For the reasons above, progress on any issue between the US and Iran is very unlikely before this year’s US presidential elections. If or when afterwards would depend in large part on who was elected. For Russia, a ceasefire compromise in Ukraine could be possible if it gave them “temporary” retention of vast tracts of land captured post-2022. Timing will be dictated by battlefield outcomes, but the US Senate approval on 13 February of an additional US$60 billion of military assistance to the Ukraine, and its likely approval by Congress, makes a ceasefire in the foreseeable future unlikely.

Defense & Security
Map of the Korean Peninsula

Precarious Year Ahead for the Korean Peninsula

by Bruce Klingner

SUMMARY The Korean Peninsula seems always to be on the knife edge of calamity. North Korea’s growing nuclear arsenal, its more threatening language, and the potential for more provocative and aggressive actions are a volatile combination. Overreacting to Pyongyang’s inflammatory threatening language is dangerous, but so is dismissing potential signals of a resumption of deadly tactical attacks. Indications are that this year will be even busier for Korea watchers who long ago learned to keep both a pot of coffee and a bottle of scotch nearby to deal with the inevitable crises. KEY TAKEAWAYS 1. North Korea’s growing nuclear arsenal, its more threatening language, and the potential for more provocative and aggressive actions are a volatile combination. 2. Overreacting to Pyongyang’s inflammatory threatening language is dangerous, but so is dismissing potential signals of a resumption of deadly tactical attacks. 3. Reducing the potential for invasion while increasing transparency with respect to military forces can reduce the potential for miscalculation and a military clash. It appears that 2024 is going to be a year for greater North Korean provocations, heightened tensions, and increased potential for tactical military clashes along the inter-Korean border. Pyongyang’s rhetoric and military posture have become more threatening, and the regime recently abandoned a military tension-reduction agreement with Seoul. That said, Pyongyang is unlikely to start a major war with South Korea and the United States deliberately. In other words, put your helmets on, but there’s no need to get under the desk just yet. More Bombastic and Threatening Rhetoric During major speeches in December 2023 and January, North Korean “Supreme Leader” Kim Jong-un described the Korean Peninsula as being “on the brink of a nuclear war” and called on his military to accelerate preparations for “a great event to suppress the whole territory of South Korea by mobilizing all physical means and forces including nuclear forces.”1 Kim warned that North Korea “does not want war, but we also have no intention of avoiding it” and that a “physical clash can be caused and escalated even by a slight accidental factor in the area along the Military Demarcation Line.”2 Kim Yo-jong, Kim Jong-un’s powerful sister, declared similarly that “the safety catch of [the] trigger of the Korean People's Army (KPA) had already been slipped” and that Pyongyang “will launch an immediate military strike if the enemy makes even a slight provocation.”3 Kim Jong-un also abandoned decades of North Korean policy seeking reconciliation and reunification with South Korea, instead describing inter-Korean relations as now being between “two hostile and belligerent states.”4 This declaration is particularly noteworthy because Kim is implicitly criticizing the unification policy of both his grandfather Kim Il-sung and his father Kim Jong-il. Such blasphemous remarks coming from anyone else would have immediate and dire consequences. To emphasize the new policy, Kim disbanded all government agencies devoted to relations with South Korea and demolished the massive monument to Korean unification that had been commissioned by his father Kim Jong-il, describing it as an “eyesore.”5 North Korea backed up its diatribes with artillery fire along the naval boundary off the west coast of the Korean Peninsula. Pyongyang fired a total of 350 shells during three consecutive days in early January, and South Korea responded by firing 400 artillery rounds. While all shells remained on each country’s side of the disputed Northern Limit Line that delineates the de facto maritime border between the two Koreas, they did land in the former buffer zone created by the 2018 inter-Korean Comprehensive Military Agreement. That bilateral risk-reduction accord had proscribed artillery fire and military drills near the border area. Pyongyang’s nullification of the agreement in November 2023 will return armed North and South Korean troops back to closer contact. Seoul announced that it would resume army, navy, and Marine Corps live-fire artillery drills and regiment-level field maneuvers within five kilometers of the Demilitarized Zone (DMZ).6 North Korea’s belligerent declarations, along with escalating provocations, may be intended to influence both the April 10 South Korean National Assembly election and the November U.S. presidential election. However, such actions would more likely affirm pre-existing progressive and conservative views rather than they would to induce any voters to change sides. Inexorably Growing Military Threat North Korea has been on a multi-year binge of testing and deploying improved nuclear-capable systems that can target South Korea, Japan, and the continental United States. Most recently, Pyongyang successfully launched a solid-fueled ICBM, a solid-fueled intermediate-range missile with a hypersonic maneuverable warhead, its first military reconnaissance satellite, submarine-launched cruise missiles, and an underwater nuclear-capable drone. Knowing that he is backed in the U.N. Security Council by China and Russia could embolden Kim Jong-un to pursue even more provocative behavior. In the past, Beijing and Moscow were willing to impose U.N. resolutions and sanctions after North Korean ICBM and nuclear tests, but both countries now block new international actions in response to Pyongyang’s repeated violations of previous U.N. resolutions. North Korea could conduct its long-awaited seventh nuclear test—either of a new generation of tactical battlefield nuclear weapons or of Kim’s promised “super large” weapon. In its last nuclear test in 2017, Pyongyang exploded a hydrogen bomb at least 10 times as powerful as the 1945 atomic weapons used against Hiroshima and Nagasaki. The regime could also launch an ICBM over Japan and demonstrate multiple-warhead or re-entry vehicle capabilities. To date, all ICBM launches have been on a nearly vertical lofted trajectory to avoid flying over other countries. North Korean provocations are expected to increase in the run-up to the annual U.S.–South Korean large-scale military exercises in March. Trilateral Axis of Authoritarianism Pyongyang’s recently strengthened relationship with Moscow is another cause for concern. In return for shipping over a million artillery shells and rockets to Russia for Moscow to use in its attacks on Ukraine, North Korea is likely to receive some military technology. While some experts believe that this could include nuclear warhead, re-entry vehicle, or ICBM technology, Moscow is less likely to provide those “crown jewels” than it is to provide lower-level conventional weapon technology. However, any Russian assistance to improve North Korean weapons is worrisome to the U.S. and its allies. Both China and North Korea responded to Russia’s invasion of Ukraine by increasing their economic and military support to Moscow. There is growing apprehension of the risk of horizontal escalation in which Beijing or Pyongyang could take advantage of the global focus on crises in Ukraine and the Middle East to initiate their own coercive or military actions against Taiwan or South Korea. Clashes but Not War Some experts speculate that the situation on the Korean Peninsula is the most dangerous it has been since the 1950 North Korean invasion of the south and that Kim Jong-un has already made the strategic decision to go to war.7 However, despite its menacing posturing, Pyongyang would not have sent massive amounts of artillery shells and rockets as well as dozens of its new KN-23 missiles to Russia if it were contemplating starting a war with South Korea. Nor has any buildup of North Korea military forces along the inter-Korean border been detected. More probable is another tactical-level military clash along the DMZ or maritime Northern Limit Line. South Korean officials privately comment that they cannot rule out another deadly North Korean attack such as the 2010 sinking of the South Korean naval ship Cheonan and shelling of Yeonpyeong Island, which cumulatively killed 50 South Koreans. Danger of Stumbling Into Major Conflict Both Koreas have been more vocal in their vows to strike preemptively if they perceive—or misperceive—the other side as preparing for an attack. In 2022, North Korea revised its nuclear law and disturbingly lowered the threshold for its use of nuclear weapons. The regime is developing smaller tactical nuclear warheads for deployment to forward-based units, and their proximity to allied forces across the DMZ could lead to a “use it or lose it” strategy for its vulnerable nuclear arsenal during the early stages of a conflict. South Korean President Yoon Suk Yeol has shown a greater willingness to respond firmly to North Korean threats than his predecessor did. He directed enhancement of South Korea’s preemptive attack capabilities and declared, “Should North Korea make a provocation, we will punish it many times over.”8 He told his military to “immediately respond and retaliate before reporting to [higher authorities and] sternly and swiftly smash the enemy’s intentions to stage provocations on the spot.”9 The danger of miscalculated military action is real, even at a tactical level. In 2015, Seoul announced that North Korea had fired 13 artillery shells into South Korea and it had responded with 39 shells into the North. However, a subsequent investigation by United Nations Command revealed that there had been no North Korean military attack. Instead, South Korean counter-battery radar had misinterpreted a nearby lightning storm as inbound artillery fire. Luckily, North Korea did not respond to the unprovoked South Korean action. What Washington Should Do Washington must walk a fine line between maintaining a strong military posture to deter and if necessary respond to North Korean military actions while also minimizing the risk of inadvertent escalation into a strategic war. With this in mind, the U.S. should: • Enhance trilateral security cooperation. The U.S., along with South Korea and Japan, should continue ongoing efforts to increase coordination among their three militaries. South Korean President Yoon acknowledged the importance of Tokyo’s role in a Korean contingency, including the seven U.N. Command bases in Japan. During their August 2023 Camp David summit, the three leaders pledged even more extensive trilateral military exercises, real-time exchange of information on North Korean missile launches, and increased cooperation on ballistic missile defense. The leaders’ commitment to consult and coordinate responses to common security threats was a major step forward in trilateral military cooperation but stopped far short of formal alliance. The three countries should continue and expand the scope of the trilateral combined military exercises that resumed in 2022 after a four-year hiatus. The wide-ranging exercises reversed the degradation in allied deterrence and defense capabilities as did the resumption of U.S. rotational deployment of strategic nuclear-capable assets to the Korean theater of operations. • Ensure that military exercises are strong but constrained in location. The U.S. and its allies should be aware that any large-scale unannounced combined military operations close to North Korea’s borders run the risk of being misinterpreted by Pyongyang as preparations for an allied attack. Therefore, while maintaining high levels of military training, the exercises should be announced beforehand and not conducted close to North Korean forces along the DMZ. Washington should also counsel Seoul against highly escalatory responses to North Korean actions. However, appearing too heavy-handed in trying to curtail a South Korean response to a tactical-level attack risks undermining ongoing U.S. efforts to reassure Seoul of America’s commitment to its defense. After both 2010 North Korean attacks, South Korean officials privately complained that the U.S. had “sat on its ally” and prevented a South Korean retaliation. More recently, North Korea’s growing ability to hit the American homeland with nuclear weapons caused South Koreans to doubt the viability of the U.S. as an ally and led to greater domestic advocacy for an indigenous nuclear weapon program. • Push for risk-reduction talks. There seems to be little potential for a diplomatic off-ramp on the road to crisis with North Korea. Since late 2019, the regime has rejected all U.S. and South Korean entreaties for dialogue on any topic, including provision of humanitarian aid. Nor does Pyongyang’s cancelling the inter-Korean Comprehensive Military Agreement bode well for negotiations. However, the proximity of several militaries to each other, rising suspicions, and mutual threats of preemptive attacks are a recipe for disaster. Washington and Seoul should call on Pyongyang to discuss potential risk-reduction and military confidence-building measures similar to those in the Conventional Armed Forces in Europe Treaty and the accompanying Vienna Document of Confidence and Security Building Measures. Reducing the potential for either side to conduct a sudden-start invasion while increasing transparency with respect to military forces can lower tensions by reducing the potential for miscalculation leading to a military clash. Conclusion The Korean Peninsula seems always to be on the knife edge of calamity, but North Korea’s growing nuclear arsenal, its more threatening language, and the potential for more provocative and aggressive actions are a volatile combination. Overreacting to Pyongyang’s inflammatory threatening language is dangerous, but so is dismissing potential signals of a resumption of deadly tactical attacks. Indications are that this year will be even busier for Korea watchers who long ago learned to keep both a pot of coffee and a bottle of scotch nearby to deal with the inevitable crises.   References: 1- Korea Central News Agency, “Report on 9th Enlarged Plenum of 8th WPK Central Committee,” KCNA Watch, December 31, 2023, (accessed February 5, 2024). https://kcnawatch.org/newstream/1704027054-512008976/report-on-9th-enlarged-plenum-of-8th-wpk-central-committee/ 2- Ibid. and Brad Lendon and Gawon Bae, “North Korea’s Kim Vows to Dismantle Father’s Unification Arch as He Declares South Korea ‘Principal Enemy,’” CNN, January 16, 2024, https://www.cnn.com/2024/01/16/asia/north-korea-kim-unification-arch-intl-hnk/index.html (accessed February 5, 2024). 3- Reuters, “North Korea Vows Military Strike If Any Provocation, Fires Artillery Rounds,” January 7, 2024, https://www.reuters.com/world/asia-pacific/north-koreas-kim-yo-jong-vows-immediate-response-provocation-kcna-2024-01-07/ (accessed February 5, 2024). 4- Korea Central News Agency, “Report on 9th Enlarged Plenum of 8th WPK Central Committee.” 5- Lendon and Bae, “North Korea’s Kim Vows to Dismantle Father’s Unification Arch as He Declares South Korea ‘Principal Enemy.’” 6- Chae Yun-hwan, “Military Set to Resume Drills Halted Under 2018 Inter-Korean Accord Buffer Zones,” Yonhap News Agency, January 9, 2024, https://en.yna.co.kr/view/AEN20240109007400315#:~:text=SEOUL%2C%20Jan.,artillery%20firing%2C%20officials%20said%20Tuesday (accessed February 5, 2024). 7- Robert L. Carlin and Siegfried S. Hecker, “Is Kim Jong Un Preparing for War?” Henry L. Stimson Center, 38 North, January 11, 2024, https://www.38north.org/2024/01/is-kim-jong-un-preparing-for-war / (accessed February 5, 2024). 8- Sarah Kim, “After North Declares ‘Hostile’ Relations, Yoon Vows to ‘Punish’ Regime in Case of a Provocation,” Korea Joongang Daily, updated January 18, 2024, https://koreajoongangdaily.joins.com/news/2024-01-16/national/northKorea/Yoon-vows-to-punish-North-Korea-many-times-over-in-case-of-a-provocation-/1959411?detailWord= (accessed February 5, 2024). 9- Hyung-Jin Kim, “North Korea’s Kim Vows to Bolster War Readiness to Repel US-Led Confrontations,” Associated Press, updated December 28, 2023, https://apnews.com/article/north-korea-kim-party-meeting-missiles-27803fcfbfa9cb2a89d6fb5e824e9c0c (accessed February 5, 2024).

Diplomacy
Meloni and Selenskiy shaking hands

Ukraine policy in Rome

by Michael Feth , Nino Galetti

Italy top, Vatican flop? The first war of aggression in Europe since 1945 is keeping two global players busy in Rome: the Italian government and Vatican diplomacy. While under the leadership of President Sergio Mattarella and Prime Minister Giorgia Meloni there is no doubt about Italy's unbroken solidarity with Ukraine, criticism of the Holy See's course to date is growing, and not just in Catholic circles. Is Pope Francis' longed-for reconciliation with the Russian Orthodox Church more important than the future fate of Ukraine? When the right-wing alliance of Giorgia Meloni, Matteo Salvini and Silvio Berlusconi took power in Rome in October 2022, there was concern in some European government headquarters that the Tiber might be about to change its stance on the war in Ukraine. This mistrust was less directed at the newly elected Prime Minister Giorgia Meloni, known as an Atlanticist, who had clearly positioned herself and her party "Fratelli d'Italia" against Moscow's war of aggression and Putin's expansionist ambitions during the election campaign, and more towards her two allies Lega and Forza Italia. Both parties were perceived internationally as Russia-friendly, albeit for different reasons: While in the case of Lega leader Matteo Salvini - similar to his ally Marine Le Pen in France - it was the ideological proximity of the anti-European right-wing populists to the authoritarian regime in Moscow, in the case of the bourgeois-conservative Forza Italia it was Silvio Berlusconi's long-standing personal friendship with Vladimir Putin that triggered fears of Italy's rapprochement with Moscow. These were further fueled by several erratic statements by Berlusconi during the coalition negotiations in autumn 2022, in which he openly adopted the Kremlin's view of the Ukraine conflict and thus caused severe irritation among the allies. His adlatus at the time, Antonio Tajani, felt compelled to fly to Brussels at short notice to hold talks with the heads of the EU Commission, NATO and the European People's Party to reassure them that the new right-wing government in Rome would by no means abandon the EU's common line, but would remain faithful to its commitments. Berlusconi's capers and Salvini's ricochet The situation was different in the case of the right-wing populist Lega, which had achieved a historically poor result of just eight percent in the early elections in September 2022. Giorgia Meloni therefore had her rival Matteo Salvini in her hands and was able to demand loyalty from the potential troublemaker. At the time, the designated head of government openly threatened her two partners with a collapse of the coalition negotiations: there would be "no joint government at any price". She played her cards close to her chest and in the end even brought Silvio Berlusconi into line, who had to make a pilgrimage to the Fratelli d'Italia party headquarters to recant his pro-Moscow remarks. A humiliation for which the Forza Italia patriarch has never forgiven her. Since Berlusconi's death, the capers have ceased: under the leadership of Foreign Minister Antonio Tajani, Forza Italia is clearly on the side of its Western allies and in line with the EPP. With the approval of the President (who can veto appointments to the government), Meloni chose Guido Crosetto, who originally came from the ranks of the Christian Democrats and is known as an anti-Russian hardliner, as Defense Minister. The fears of the Western partners that one of the most important NATO states could leave the joint phalanx against Putin were put to rest. Meloni counters Putin's friends Meloni set further signals: The memorable joint trip of the three European leaders Mario Draghi, Emmanuel Macron and Olaf Scholz to Kiev on June 16, 2022 was still fresh in the minds of Ukrainians suffering from a daily hail of bombs, as Meloni made one of her first trips abroad to Kiev in February 2023 to personally assure President Volodymyr Zelensky of Italy's unwavering solidarity. The two had previously met at various international summits and the chemistry between them was instant. Since then, they have openly celebrated their cordial friendship in front of the cameras at every meeting. Under Meloni's aegis, there has been no hesitation or dithering in Rome on the Ukraine issue to date: Italy is supplying Ukraine with weapons and, together with its German allies, is monitoring the airspace on Europe's south-eastern flank and in the Black Sea from Romania. Rome is also firm in its sanctions policy against Russia: Dozens of accounts, real estate, ships and works of art belonging to Russian oligarchs on the EU sanctions list have been confiscated by the "Guardia di Finanza", the state financial police. And in the area of energy policy, Meloni has maintained the course of her predecessor Mario Draghi, who concluded supply contracts with a whole series of African, Arab and Central Asian states in order to quickly free Italy from its energy dependence on Moscow. During a working visit to Berlin last November, when Meloni and German Chancellor Olaf Scholz were connected via video to the first OSCE meeting of heads of state and government since the start of the war, which was also attended by Vladimir Putin, she showed herself to be quick-witted. When the Kremlin ruler demanded a quick end to the war, Meloni immediately countered: "You can have that immediately. All you have to do is withdraw your troops." British Prime Minister Richi Sunak expressly thanked his counterpart for her "global leadership". And US President Joe Biden also never misses an opportunity to praise Meloni for her clear stance in the conflict. However, their closest ally in the Ukraine issue is President Sergio Mattarella. With all the authority of his office and his unbroken popularity, he explains the moral and ethical dimension of the major conflict to his fellow countrymen in detailed formulations at every available opportunity. In doing so, he takes the wind out of the sails of populists on the left and right who - as in Germany - criticize high military spending and complain about rising inflation as a result of "Western interference" in the war in Ukraine. In matters of foreign and security policy, head of state Mattarella, who is also commander-in-chief of the armed forces in accordance with the constitution, has so far had no reason to get in the prime minister's way. Is the Pope a friend of Russia? On the other side of the Tiber, in the Vatican, however, there are increasing question marks. Of course, the head of the Catholic Church has always and at every available opportunity lamented the suffering of the people in "martyred Ukraine" and called for an immediate end to the fighting. It goes without saying that the Holy See stands by the victims and is doing everything in its power to organize humanitarian aid and bring it into the country. Naturally, the Roman Curia has tried everything behind the scenes to mediate and explore possible negotiated solutions. Accusing the Pope of "moral equidistance" from the attackers and victims is therefore misguided. However, Francis does indeed have to put up with the accusation of "political equidistance". The Holy See is traditionally committed to a policy of neutrality, which aims to use the Pope's unbroken spiritual and moral authority as a non-partisan mediator to resolve a conflict. For this reason, the Holy See always acts discreetly on the international stage and has the long-term perspective in mind. Its actors are not subject to any democratic pressure to succeed and are generally not interested in winning points in the media. However, two years after the start of the Russian war of aggression against Ukraine, it is clear that the world's oldest diplomatic service has fallen far short of expectations. For many observers, the problem lies in particular in Pope Francis' unclear position. It took seven months after the start of the Russian invasion of Ukraine for the pontiff to name the attack as such for the first time and to publicly name Russia as the aggressor for the only time to date. Like so many other heads of state, the pontiff was probably unable to imagine until that February 24, 2022, that Putin would allow Russia's tanks to roll towards Kiev, triggering the biggest war in Europe since 1945. The Kremlin ruler had met Francis in person at the Vatican an astonishing three times in the preceding years. Is Francis a "Russia-understander" who is lenient with the aggressors? Many Vatican observers are now asking themselves this question. It is no secret that the Pope "from the other side of the world" (as Francis put it on the day of his election) has a different approach to European history and European sensitivities than his immediate predecessors John Paul II and Benedict XVI. Jorge Mario Bergoglio, an Argentinian who was influenced by social-authoritarian Peronism as a child, does not have an unreservedly positive attitude towards the Western model of order. The first pope to come from Latin America can be said to have a critical view of the USA. It can be assumed that his experiences with the Trump presidency have not diminished his prejudices towards Washington's claim to international leadership. On the other hand, he has a certain soft spot for Russian classics from literature and music as well as for Russian history, as he himself revealed in a video link to a meeting of Catholic youths in Saint Petersburg. Tensions between Pope and Parolin In terms of church policy, there are also two ambitious goals that the 87-year-old has set himself since his election in 2013: Understanding with Beijing and rapprochement with the Russian Orthodox Church. He has been lenient to the point of self-denial with the political leaders of both powers; he has remained silent about some human rights violations and repression - including against Catholic clergy. A strategy that has repeatedly caused heated discussions in the highest circles of the world church - and not only among notorious critics of Francis. Years ago, the Pope tasked his Secretary of State Cardinal Pietro Parolin, a career Vatican diplomat and conflict expert whom Bergoglio had already come to know and appreciate as Archbishop of Buenos Aires, with the diplomatic implementation. With his help, a bishop of Rome met with a patriarch of Moscow for the first time in February 2016. Today, the two former confidants Francis and Parolin are considered to be at odds - and this is precisely where Putin's war comes into play. Soon after the invasion, Francis caused head-shaking in many places when, from a pacifist position, he refused to supply any weapons to Kiev and thus indirectly denied Ukraine's internationally enshrined right to self-defense. Cardinal Secretary of State Parolin and the Vatican "Foreign Minister" Paul Richard Gallagher, a Briton, corrected these statements in several interviews and corrected their own boss. Of course, they both argued, Ukraine, as a sovereign state, had the right to defend its territorial integrity, and the supply of military equipment and weapons was ethically justifiable. The "Kyrill card" After Putin was unavailable for his calls, Francis played another card: his personal relationship with Moscow Patriarch Cyril. Here, too, the experts warned the Pope that the head of the Russian Orthodox Church would be in the service of the Kremlin. Nevertheless, the pontiff played the "Cyril card". Francis was probably hoping that he could "turn" the patriarch politically with Jesuit cunning. To this day, his literal response to Parolin and Gallagher's warnings is still reported: "But Cyril is still a shepherd!" As expected, the "Cyril card" failed. Francis' bitter realization that the patriarch was an "altar boy of the Kremlin" came too late. The view that the Pope was a "Russophile" had long since become firmly established in Kiev. The suspicion of Russia-friendliness is fueled less by concrete actions than by the pontiff's omissions: to date, he has never addressed Putin directly in all his countless appeals for peace. He could have borrowed from a great predecessor: Immediately before the start of the Iraq war in 2003, Pope John-Paul II addressed US President George W. Bush at the Sunday Angelus prayer in front of running cameras and fervently implored him to refrain from the planned attack. When the city of Sarajevo was besieged for months during the civil war in the former Yugoslavia, triggering a humanitarian catastrophe, the Pope from Poland appointed the archbishop of the bombed-out Bosnian capital, the then 48-year-old Vinco Puljic, as its first cardinal in history in 1994. Three consistories with the appointment of new cardinals have taken place in Rome since the beginning of the Russian invasion of Ukraine: But the Ukrainians have so far waited in vain for a similar sign, although a suitable candidate is available in the figure of the Greek-Catholic Grand Archbishop Svyatoslav Shevchuk of Kiev. Diplomatic self-restraint of the Pope Francis appointed a high-ranking special mediator far too late: However, Cardinal Matteo Zuppi's shuttle mission between Moscow, Kiev, Washington and Beijing is now considered a failure. It seems that Kiev has lost hope that Vatican diplomacy will have a positive effect. At the same time, Moscow seems to be relying more on the mediation of the United Arab Emirates as the representative of the "global South" than on the Holy See as the supposed representative of the Western world when it comes to humanitarian actions such as the exchange of prisoners. Most serious, however, is the fact that Francis has so far refused any invitation to Kiev. He always repeats the same mantra that he will only travel to the Ukrainian capital if he is allowed to visit Moscow first. Either there is a secret plan behind this curious self-restraint on the part of the pontiff, which even close confidants among the cardinals are unable to see through, or it is a diplomatic staircase joke: Putin is unlikely to have the slightest interest in such a double trip by the Roman pontiff. And even if he did, a visit to Moscow by the Pope would probably give Vladimir Putin the biggest propaganda coup in his long time in office. Months ago, President Zelensky's security advisor announced that Kiev was no longer interested in a Vatican mediation mission. A resounding slap in the face for the Holy See's diplomacy in the most dangerous crisis in Europe since the end of the Second World War.

Defense & Security
Flags of Palestine and Israel on a Map of the Middle East.

The Future of the Two-State Solution

by Dennis Altman

There can be no meaningful peace without full recognition of Palestinian sovereignty. Only new leadership and new vision, on both sides, will help. No issue of foreign policy that does not involve direct Australian military participation has caused as much division as the current Gaza War. There are several reasons for this. Since the creation of the state of Israel, Australia has been one of its staunchest supporters. Originally associated with Labor, because of Dr Herbert Evatt’s role in the United Nations and Bob Hawke’s infatuation with Israel, allegiances have shifted. After leaving office Hawke himself became more critical and former Foreign Ministers Gareth Evans and Bob Carr are now among Israel’s most trenchant critics, while the Liberals have embraced the Netanyahu government, seemingly impervious to criticisms of the carnage in Gaza. In part this is due to very effective pro-Israeli lobby groups and a Jewish community, which is one of the most ardently Zionist in the world. Another part is due to a reflexive mirroring of the United States; when Scott Morrison spoke of moving the Australian embassy from Tel Aviv to Jerusalem he was both following President Donald Trump and hoping to win over Jewish voters in the Wentworth by-election. Beyond these factors is a largely unspoken sense of identity with Israel, which projects itself as standing up for western values of democracy within a region marked by turbulence and autocracy. Israeli propaganda has been very effective in highlighting Hamas and Hezbollah terrorism while passing over atrocities performed by their own troops. That sense is increasingly being questioned by younger Australians, who see more clearly than the political class the realities of Israel/Palestine. Israel is unique in that it is a state that defines itself in ethnic terms but effectively governs a population half of whom do not share the definition of being a real Israeli. Yes, Arab citizens in Israel are recognised, but their status is legally other than that of Jewish Israelis. In the occupied West Bank the massive growth of Jewish settlements—now estimated to include over 700,000 people—has created a system that many observers liken to apartheid. Most importantly, it has made the idea of a two-state solution, which is the rhetorical fallback for almost all our politicians, impossible. There are many arguments about why progress towards such a solution, which seemed momentarily possible after the Oslo Accords of 1994, stalled, and both sides share responsibility. But the reality is that Israel, as the dominant power, effectively blocked any moves that might have given meaningful sovereignty to the Palestinians. Indeed it seems the Netanyahu government has gone further. Not only has it encouraged continuing settlements in areas that were designated as part of a Palestinian state, it appears that it tolerated the existence of Hamas in Gaza as a means of weakening the Palestinian Authority and therefore their ability to seek statehood. However the current conflict ends, it will leave behind such deep scars that only a combination of new leadership and new vision on both sides can find peace. There are several scenarios that are being advocated, and there is increasing interest in a single state, with strong communal protection for Jews and Palestinians. [Various possibilities of how this might evolve are discussed in the new edition of After Zionism, edited by Antony Lowenstein and Ahmed Moor]. If both Israelis and Palestinians have equal claims to the land—“From the river to the sea” is a slogan that supporters of both find appropriate—there is a massive imbalance between them. Israel has military might and the support of the United States; the Palestinians have guarded support from Iran and no more than rhetoric from the Arab world. As Gaza is relentlessly bombed, flights from Dubai and Abu Dhabi bring businessmen and tourists into Tel Aviv. Crucial to any settlement will be a willingness by Israel’s western defenders to put sufficient pressure on whomever is in government after the current conflict to make major concessions. Not only is the current government deeply tarnished by its security failures, it includes ministers who deny any Palestinian aspirations for sovereignty and speak openly of what can only be described as ethnic cleansing. While the current leadership of the Palestinian Authority is geriatric, corrupt, and incompetent, no Palestinian movement can accept the permanent denial of sovereignty which is Netanyahu’s often stated position. The Albanese government has inched away from total support for Israel, presumably with one eye on domestic sensitivities, inflamed by the Murdoch press, which consistently conflates denunciation of Israel with anti-Semitism. As Penny Wong is consistently attacked by both the Liberals and the Greens the government may well feel they are managing Australia’s response effectively, and Wong’s visit to the Middle East was a nicely calculated diplomatic coup. But there are ways in which Australia might go further, in particular by making it clear that the position of the current Israeli government is unacceptable, both morally and politically. I suspect a stronger stance by Australia would be welcomed by the Biden Administration, which is constrained by the politics of election year, and the president’s own long emotional ties to Israel, from exercising real pressure on the Netanyahu government. If Australia is to sound credible when speaking of human rights abuses in countries such as Myanmar and China, it needs to be willing to address them when it is inconvenient. That a plausible case can be made at the International Court of Justice against Israel on charges of genocide underlines the scale of the carnage currently experienced in Gaza. While it is possible to “stand in solidarity” with Israel in reaction to the brutality of 7 October, it is no longer possible to be “in solidarity” with the Netanyahu government.