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Defense & Security
The Philippines Army standing in parade

Bound to Comply: the Philippines’ One-China Policy and Mutual Defense Treaty with the U.S.

by Aaron Jed Rabena

In the event of hostilities in the Taiwan Strait, Manila’s defense treaty with the United States will give it little room to manoeuvre. President Ferdinand “Bongbong” Marcos Jr.’s recent visit to China underscores his intent to have a constructive relationship with China, and a balanced and diversified Philippine foreign policy. But as Sino-US relations deteriorate and United States President Joseph Biden veers towards strategic clarity to defend Taiwan amid heightened cross-Strait tensions, the risk of getting entangled in a Sino-US conflict over Taiwan has become a major policy issue for Manila.  All Philippine presidents have strictly adhered to the One-China policy which is enshrined in the Joint Communique on normalisation of Sino-Philippine ties in 1975. Even President Benigno Aquino III, who arguably pursued the most critical China policy in 2010-2016, toed the line on the One-China policy and repatriated wanted Taiwanese nationals to Beijing in 2011. Manila’s adherence to the One-China policy was reaffirmed by Marcos Jr. after U.S. House Speaker Nancy Pelosi’s visit to Taiwan last year.  In the event of a Sino-U.S. conflict over Taiwan, the legal status of Manila’s commitment to the One-China policy would be tested against its obligations under the 1951 Philippine-US Mutual Defense Treaty (MDT). The treaty highlights the “sense of unity,” “common determination” and “collective defense” against an “external armed attack” and “potential aggressor”, but it is ambiguous about the specific geographic scope of its application in the Pacific. While the Philippines sees the utility of the MDT primarily for a South China Sea contingency, the U.S. can invoke Article IV of the MDT in a Taiwan conflict. The article states that each party deems that “an armed attack in the Pacific area on either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes.”  With respect to “constitutional processes”, the 1987 Philippine Constitution gives the Congress the power to declare “the existence of a state of war”; only under such conditions or another national emergency, would the President be authorised by law to wield the necessary powers “to carry out a declared national policy.” As such, congressional intervention would be an important variable that needs to be closely watched. Manila can also mitigate entrapment risks by exercising its sovereign authority on where and how the U.S. military could access and use its facilities. The preamble to the Enhanced Defense Cooperation Agreement (EDCA) states that “US access to and use of facilities and areas will be at the invitation of the Philippines and with full respect for the Philippine Constitution and Philippine laws.” Yet, history has shown how the Philippines could be involved in a war over Taiwan even in the absence of a U.S. formal invocation of the MDT. Manila could send boots on the ground and/or provide logistical access for U.S. military operations. This was the case in the Korean War, Vietnam War, and U.S. wars in Afghanistan and Iraq.  Put differently, Manila is caught in a bind. On one hand, it fears Washington’s abandonment in the event of a South China Sea conflict with China. Manila has repeatedly demanded clarity and immediacy in U.S. alliance commitments. To this end, Manila concluded the 1998 Visiting Forces Agreement (VFA) and the 2014 EDCA with Washington to secure U.S. military presence in the region and security guarantees. On the other hand, the Philippine security establishment increasingly fears entrapment, where the country’s military is drawn into a Sino-US conflict over Taiwan. This reality became evident following former U.S. House Speaker Nancy Pelosi’s visit to Taiwan in August 2022. In September 2021, the Philippine ambassador to America said that the U.S. can use Philippine bases in a Taiwan conflict if it is important for the Philippines’ security. The condition, however, remains open-ended and is contingent on many indeterminate factors.  At the moment, the risks of entrapment are increasing, at least from the operational perspective. Since its coming to power, the Marcos Jr. administration has taken steps to bolster security ties with Washington. Both countries have agreed to explore joint patrols in the South China Sea, and accelerate the implementation of the EDCA through infrastructure enhancement at various locations. Both allies are looking at adding more sites for American military access, including in the northern province of Cagayan near Taiwan, to facilitate faster response to crisis situations. They have also agreed to double the number of troops involved in joint exercises and plan to sharply increase the number of bilateral defence activities in 2023. Given the timing of these initiatives, Beijing would likely see these Philippine moves as siding with America to undermine its One-China principle and enable U.S. military prepositioning for war-time contingencies. Should the Philippines provide basing access in a cross-strait conflict, Manila would certainly face Chinese sanctions. China could also play hardball in the South China Sea and its ballistic missiles could target countries facilitating U.S. combat operations. But if tensions in the South China Sea escalate and coincide with tensions in Taiwan, there will be a greater incentive for Manila to strategically align with Washington and accommodate U.S. military hardware.  How the Philippines should respond to a Taiwan contingency is not simply a legal question but a critical national security concern. There are around 200,000 overseas Filipino workers in Taiwan; repatriating them during an armed confrontation over Taiwan would be an enormous undertaking. This will be compounded by a massive human migration of Taiwanese nationals.  Even if Manila manages to sidestep the risks associated with entrapment in a Taiwan Strait conflict, it cannot escape the geopolitical ramifications of such a historic event. Should China successfully reunify Taiwan by force, China could inch closer to the northern Philippines and it will be easier for China to break through the First Island Chain. China’s takeover of Taiwan would also augment its power projection capability in the South China Sea. This would consequently impact Philippine maritime and security interests. Given the Philippines’ geographic proximity to Taiwan, its status as a U.S. defence treaty ally and its stakes in the South China Sea, there will be complications in Manila’s desire to be neutral in a Taiwan contingency.

Defense & Security
Satellite in the space with the North Korean flag

North Korea’s Spy Satellite Launch Is One Giant (and Dangerous) Question Mark

by Bruce Klingner

Pyongyang successfully launched its first military reconnaissance satellite after two previous failures. North Korea has developed a robust missile arsenal but, until now, lacked a remote reconnaissance capability to identify, track, and attack U.S., South Korean, and Japanese military targets. The satellite’s capabilities, as well as whether it incorporated Russian technology, remain unknown. North Korea announced the satellite surveilled U.S. military bases in Guam and vowed to launch several additional reconnaissance satellites “in a short span of time.” South Korea responded by suspending portions of an inter-Korean military agreement meant to prevent military clashes along the DMZ, raising tensions on the peninsula even further. On November 21, Pyongyang conducted its third attempt at launching its Malligyong-1 military reconnaissance satellite onboard a Chollima-1 rocket. Previous launches in August 2023 failed to achieve orbit, but clearly, North Korea learned some valuable lessons. The South Korean navy salvaged some of the rocket and satellite debris from the ocean floor, enabling technical analysis, though the results have not been disclosed. Kim Jong-un declared the regime’s intention to develop a military reconnaissance satellite in his January 2021 directive to the regime’s defense industry. Other delineated military projects included a solid-fuel ICBM, tactical nuclear warheads, hypersonic gliding flight warheads, and a nuclear-powered submarine. >>> North Korea and Russia: How Far Could Their Partnership Go? North Korea reported an “important final-stage test” in December 2022 involving a mock satellite and subsequently released two poor-quality images of the Korean Peninsula. Experts denigrated the grainy, low-resolution images as being of far worse capability than commercially available imagery. Kim Yo-jong, the sister of North Korea’s leader, responded angrily that the test was to show the feasibility of the system rather than the eventual quality of the imagery. In April 2023, Kim underscored the importance of having “several reconnaissance satellites on different orbits [for] securing real-time information about the hostile forces’ military scenario and moves.” Ironically, North Korea’s most recent satellite launch occurred the same day the regime criticized South Korea and the United States for “recklessly” militarizing space, describing Seoul’s upcoming launch of its own reconnaissance satellite as an “extremely dangerous military provocation.” It is possible that Russia provided technology to improve North Korea’s satellite launch capabilities in return for Pyongyang’s shipments of massive amounts of artillery ammunition to Moscow. During Kim’s September 2023 trip to Vladivostok, President Vladimir Putin hinted at providing military and technological support to North Korea. Secretary of State Antony Blinken warned Russia was providing “technology and support” for North Korea’s military programs, though without elaborating on details. A South Korean military official told reporters that an 80-ton liquid fuel engine was transferred from Russia to North Korea even before the September summit. Russian engineers traveled to North Korea after the summit. More likely, however, North Korea’s long-planned launch occurred too quickly after the Kim-Putin summit to have incorporated new Russian technology. Pyongyang announced it had developed the satellite and launcher “by its own efforts and technologies.” Pyongyang has frequently failed initial tests of new missile systems before eventually succeeding. South Korea responded to the launch by partially suspending the 2018 Comprehensive Military Agreement, which then-President Moon Jae-in hailed as a major step in improving relations with Pyongyang. The accord established mutual risk reduction and confidence-building measures to reduce the potential for inadvertent military escalation. However, the Yoon Suk Yeol administration declared that North Korea repeatedly violated the agreement and criticized provisions of the deal, which curtailed allied reconnaissance and military training activities. The Yoon administration announced it would suspend Article 1, Clause 3 of the agreement and restore airborne reconnaissance operations along the DMZ. >>> Next-Generation Interceptor Needed in Greater Quantities to Stay Ahead of the North Korean Missile Threat Any North Korean launch using “ballistic missile technology” is a violation of numerous U.N. resolutions, regardless of whether it is depicted as a civilian space launch. While China and Russia will veto approval of any new U.N. resolutions, the United States should step up its enforcement of U.S. and U.N. sanctions and work systematically with the international community to target North Korean violators, as well as entities in Russia, China, and elsewhere that facilitate Pyongyang’s transgressions. The U.S. should also counter the growing North Korean military threat by strengthening security cooperation with allies South Korea and Japan, while encouraging these two allies to improve their bilateral cooperation. Last year, the U.S. resumed large-scale military exercises with South Korea and restarted rotational deployments of strategic assets, both after a four-year hiatus. Washington, Seoul, and Tokyo also restarted trilateral military exercises. These measures have augmented allied deterrence and defense capabilities. The three nations should consider a return to pre-2018 training levels as a minimum requirement for future training schedules. Given the escalating growth in North Korean nuclear and missile forces, Washington should confer with Seoul and Tokyo on a training regimen that includes all military services and goes beyond ballistic missile defense and anti-submarine exercises to include air and ground forces. The historic trilateral Camp David Summit in August paved the way for greater American-led military, economic, and technological cooperation against common security threats in the Indo-Pacific. The three leaders, however, will need to operationalize the extensive security agreements they reached as well as commit greater resources to offset advancing Chinese and North Korean military capabilities represented by this launch. This piece originally appeared in The National Interest https://nationalinterest.org/feature/north-koreas-spy-satellite-launch-one-giant-and-dangerous-question-mark-207448