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Filing of a petition with ICC: Beginning of Uighurs’ legal battle against China

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Uighur Muslims, a minority community in Xinjiang province of the People’s Republic of China (hereinafter China), has been subjected to state sponsored persecution by China for over past six years (It first began in 2014). Since 2017, when the reports of Chinese crackdown on Uighurs first became public; China has been attracting widespread global denunciation for subjecting this minority group to ‘arbitrary detentions, sexual abuse, forced abortions and sterilizations’. In July 2019, a group of 22 countries wrote a letter to the United Nations Human Rights  Council (UNHRC) condemning the persecution of Uighurs. In June 2020, USA imposed various sanctions on Chinese officials over Uighur abuses by enacting the Uighur Human Rights Policy Act, 2020.

The most recent attempt to hold China accountable for human rights violations entailed filing of a petition against China with the International Criminal Court (hereinafter ICC). In July 2020, Uighur exile groups ‘The East Turkistan Government in-exile’ and the ‘East Turkistan National Awakening Movement’ filed a petition against China seeking an investigation against around 30 Chinese officials for alleged repression of Uighurs. The country has been accused of committing the crimes of ‘genocide’ and ‘crimes against humanity’. The filing of petition is a first step towards tangible justice for Uighurs. At the same time however, it opens up a pandora’s box of questions: How will ICC assume jurisdiction over China, which is not a member to its Statute? Will China cooperate in the investigation?  Why wasn’t the International Court of Justice (hereinafter ICJ) approached?

Building a case for the International Criminal Court to take Jurisdiction:

China is not a signatory to the Rome Statute which governs the functioning of ICC. ICC therefore, does not have a direct Jurisdiction over China and its nationals. However, as alleged by the petitioners, China has been deporting these Muslims from Tajikistan and Cambodia – State parties to the Statute. The petitioners have thus argued that since a part of the crime has been committed on the territory of member states of ICC, it can assume jurisdiction over the case.

Interestingly, a similar set of facts and arguments have faced ICC earlier as well. In 2018, the court was approached to rule upon its jurisdiction over alleged mistreatment of Rohingya Muslims by Myanmar – a non-member state. In the said case too, it was claimed that the Court has Jurisdiction over those who committed crimes against the Rohingyas under article 12(2)(a) of the Statute “because an essential legal element of the crime- crossing an international border- occurred on the territory of a State which is a party to the Rome Statute (Bangladesh)”. ICC’s pre-trial Chamber I ruled that it “has jurisdiction over the alleged deportation of members of the Rohingya people from Myanmar to Bangladesh”. It further added that “If it were established that at least an element of another crime within the jurisdiction of the Court or part of such a crime is committed on the territory of a State Party, the Court might assert jurisdiction pursuant to article 12(2)(a) of the Statute”. Expecting a similar ruling in the Uighurs’ case is thus not an unrealistic dream.

In fact, from the juxtaposition of the facts, crimes and parties involved in the two cases, itcan be safely deduced that there exists a high probability of ICC assuming jurisdiction and initiating investigations into alleged criminal acts concerning Uighurs. On humanitarian grounds, it perhaps will be a step in the right direction. Indubitably, grave crimes like these cannot be avoided or deferred based on mere technicalities. However, it certainly would go against certain long-established principles of International Law.

Roadblocks

ICC’s assumption of jurisdiction would, at the very least, be in circumvention of the very spirit of Article 34 of Vienna Convention on the Law of Treaties which states that “A treaty does not create either obligations or rights for a third state without its consent.” Since China is not a signatory to the Rome Statute, it must not be obligatory for it to submit to the jurisdiction of ICC. Another principle of law, which ICC would be going against is ‘Ubilexvoluit, dicit; ubinoluit, tacit’. It means ‘if the law means something, it says; if it does not mean something, it does not say it’. Now, under the Rome Statute, ICC can exercise jurisdiction only under three circumstances– where the alleged perpetrator is a national of a State Party or where the crime was committed in the territory of a State Part (1) , or a State not party to the  may decide to accept the jurisdiction of the ICC(2), or the Security Council, acting under Chapter VII of the United Nations Charter, can refer a situation to the Office of the Prosecutor (3). The intention of the draftsmen with regards to Jurisdiction of ICC is thus very clear – ICC shall not exercise jurisdiction over non-member states. The written law does not provide for a jurisdiction over non-member states except by a referral from the UNSC.

It not only would reinforce wrongful persuasion but might also turn out be completely ineffective because International Tribunals do not succeed when the necessary state parties do not submit to their jurisdiction itself. In this regard, ICC itself has noted that, “as a judicial institution, the ICC does not have its own police force or enforcement body; thus, it relies on cooperation with countries worldwide for support.”Non-States parties are not obligated to cooperate with ICC for making arrests, freezing suspects’ assets etc.

It is very unlikely that China will even appear before the International Court. If it does, it surely will contest ICC’s jurisdiction. ICC would thus have to negate each of the above arguments. Given the low probability of China cooperating in an investigation initiated by ICC, Justice to Uighurs will not come easily even after the jurisdiction is taken by ICC.

A Case at the ICJ in the alternative

Chinese atrocities against Uighurs in Xinjiang are also in violation of various provisions of the Convention on the Prevention and Punishment of the Crime of Genocide (“the Genocide Convention”), to which China is a party. ‘Genocide’, under Article II of the Convention, among others includes ‘Causing serious bodily or mental harm to members of the group’ and ‘imposing measures intended to prevent births within the group’.A study undertaken by Human Rights Watch on Chinese repression of Uighurs has reported ‘political indoctrination’, ‘deaths in custody’, ‘torture’ and ‘mistreatment’ of Uighurs. Another report gives a detailed account of forced sterilization and employment of other birth control techniques on Uighur Women to supress Uighur birth rates in the Country. These fiendish acts fall under the crime of ‘Genocide’, punishable under Article IX of the Convention.Article IX prescribes that the disputes “relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.”

Now, for a dispute to be adjudicated by ICJ, any of three conditions under Article 36 have to be satisfied: (1) If the state has made a declaration under Article 36, paragraph 2 of the ICJ’s statute granting the court compulsory jurisdiction over disputes under international law; or, (2) where a particular treaty provides the ICJ as its dispute resolution mechanism; or, (3) by entering into a special agreement to submit the dispute to the Court. Since China had withdrawn its declaration under Article 36(2) of the ICJ Statute, it is not under compulsory jurisdiction of the ICJ. But China has ratified the Genocide Convention which prescribes ICJ as the dispute resolution body. Therefore, any Contracting Party to the Convention may bring a case against China. It thus follows that ICJ’s jurisdiction in the matter at hand can be founded under Article 36, Paragraph 1 of the ICJ Statute read with Article IX of the Genocide Convention.

Bringing China under the radar of ICJ would have been easier yet less effective. ICJ, under its statute, is not empowered to prosecute individuals. It could, at the most, order China to cease ongoing genocide and to prevent genocide from occurring in the future. Additionally, it can also order equitable remedies like ordering China to enact legislation to criminalize genocide in line with the requirements of the Genocide Convention. On the other hand, ICC’s purpose of establishment itself was prosecution of individuals. It can impose lengthy terms of imprisonment of up to 30 years, order a fine, forfeiture of proceeds, property or assets derived from the committed crime. ICC’s mechanism thus suits the best in the current scenario.

Concluding thoughts

Past precedent on China’s response to international adjudication is not very encouraging. Traditionally it has shunned all international adjudication, preferring to settle all disputes through direct negotiation. The past experiences of Chinese response to international adjudication invited remarks like “Putting ‘China’ and ‘international law’ in the same sentence is an oxymoron.”  When China lost to Philippines in the South China Sea Case, a former Chinese diplomat openly said that this judgment was “nothing more than a piece of paper”.

Even if China accede to international adjudication of any sorts, neither ICC nor ICJ has the mandate to enforce their judgments. Adding onto the misery, China being a permanent member of UNSC can veto any resolution pertaining to enforcement of a ruling against itself. Nevertheless, filing of a petition at ICC is itself a step towards justice. It sends an indication to China’s government that the international community will no longer condone its actions. In the long run, attaining justice for Uighurs might take filing of cases at multiple judicial institutions as in the case of ‘mistreatment of Rohingyas’. There is even a possibility that a parallel case may be filed at the ICJ. This is only a first step in the Uighurs’ battle against China.

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East Asia

North Korea’s Nuclear Threat and East Asia’s Regional Security Stability

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Authors: Raihan Ronodipuro& Hafizha Dwi Ulfa*

The East Asian region’s anarchy system is colored by mutual distrust, which makes the countries in this region constantly competitive. There are both internal and external forces driving countries in this area to continue to improve their national security.

North Korea, like other East Asian nations, believes that it must continue to strengthen its armed forces in order to defend itself from external threats. Internally, North Korea is considered to have a juche philosophy, which emphasizes independence from other countries and emphasizes military force as a defensive policy.

Meanwhile, North Korea raises its military strength in self-defense efforts to balance the United States’ defense alliance with South Korea and Japan, where the alliance is perceived as a challenge to North Korea in the region.

Likewise, South Korea sees nuclear North Korea as a major threat to its security as a neighboring nation that threatens international peace and wishes North Korea to abandon its nuclear weapons program.

Since the 1950s, North Korea has been working on developing nuclear missiles. North Korea’s production and testing of nuclear missiles has heightened tensions and fears in the East Asian region. North Korea has performed a series of nuclear missile drills, which are believed to be destabilizing the region’s atmosphere.

In 2006, this nuclear test was performed for the first time. This move attracted a strong reaction from the international community, with several nations, including Russia and China, who have diplomatic contacts with the communist state, condemning North Korea’s test action and urging all parties concerned to show caution in order to prevent regional tensions.China’s active involvement is also expected to have a positive impact, but in reality China always has a double role. Beijing finds itself caught in a dilemma in preventing North Korea nuclear strategist. In this context, China’s relations position with United States as an influential country in the region will have an important role for the nuclear settlement process on the Korean Peninsula.

Furthermore, China and the United States debated the prospect of a UN Security Council resolution in reaction to North Korea’s nuclear test. The international community is still concerned about North Korea’s ongoing nuclear production and research. The production of nuclear missiles by North Korea will strengthen the United States, South Korea, and Japan by improving military technology to fight the North Korean nuclear threat.

The presence of growing mistrust between countries could also spark a traditional arms race in East Asia. North Korea’s defiant posture is shown by the trials it continues to conduct, rendering the situation in the country more complicated and unpredictable. North Korea, South Korea, and Japan all agree that their countries must continue to strengthen their defense in order to protect themselves from external attacks.

North Korea’s nuclear weapons have three kinds of consequences: international stability, proliferation, and the nuclear nonproliferation policy. North Korea’s nuclear weapons production will increase security vigilance in the East Asian zone, potentially making events volatile.

This nuclear proliferation has a major effect on the stability of regional security in the East Asian region, and it has the potential to ignite a nuclear arms race among regional countries, as well as the expansion of capabilities among other countries with nuclear weapons, such as the United States, China, and Russia, as well as the rise of interest in nuclear weapons by a nation that does not have one.

To maintain equilibrium in an anarchist international system, such as the viewpoint of realism, a balance of power is needed. This power balance is complex in nature, and it can move in response to changing developments at both the national and international levels.Apart from the United States interests as an influential country in the East Asia geopolitics and geostrategy, it is hoped that United States can implement policies that maintain the stability and security of the East Asian region.

In the end, an equilibrium will arise, either through peace or through war. This is consistent with East Asia’s complex balance of power, in which one country’s defense policy affects other countries in the region, causing mistrust between countries to surface and color their relationship. Because of their mutual mistrust, these countries are able to use military force or wage war in the East Asian region.

In a realist perspective, the state is a rational actor, and the interactions carried out by the state are nothing other than the interests of the state itself, which is not unusual if the greedy existence of this state then creates a confrontation if there are gaps of interests between nations. In this situation, the public interest may be viewed as a weapon used by the state to accomplish its goals.

A state’s national interest also serves to defend its citizens and its territories. North Korea’s interest in nuclear production is motivated by a desire to strengthen its country’s defense in the face of external challenges, especially from the United States and South Korea. In this situation, it is clear that North Korea is attempting to amass as much strength as possible within its boundaries.

Then it is related to the theory of National Security, which is characterized as the allocation of resources for the development, execution, and implementation of what is known as a coherent facility, which is used by the state to achieve its country’s interests. North Korea’s nuclear program is designed to strengthen its national security defense and negotiating power. The presence of this nuclear weapon force, however, allows for the rise of an arms race and has an impact on security stability, especially in the East Asian region.

*Hafizha Dwi Ulfa is a Research Assistant of the Indonesian International Relations Study Center with focus analysis in ASEAN, East Asia, and Indo-Pacific studies.

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East Asia

The Galwan Conflict: Beginning of a new Relationship Dynamics

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The 15th June, 2020 may very well mark a new chapter in the Indo-Chinese relationship and pave the way for totally new politico-strategic equations, shaping the way for a more complex and unstable world order in the near future. On this night, a bloody, violent and unusual armed clash took place between two of the world’s fiercest armies, Indian and Chinese, at the heights of Galwan Valley in Ladakh. Officially, India has admitted losing 20 of its soldiers, including a senior officer while China, continues to be discreet about PLA casualties and after a good 8-months hiatus, came up with a what everyone knows a blatant lie– a 4-death figure.

This border conflict however, has made the situation volatile between the two Asian powers. The borders between the two, almost 3,400 Kms continue to remain unclear and non-demarcated in the form of Line of Actual Control (LAC) and that is something the Chinese side, is quite keen to continue with. It is the Chinese strategy that it has employed since 1950s to continue occupying territories without firing a single bullet. From Tibet to Aksai Chin to South China Seas, China has gained territories by portraying itself as a great military power but not really able to showcase its military might anywhere.

However, the efficacy of its military remains questionable on certain credible grounds. It is well known that the Chinese PLA comprises of officers and troops who are recruited on account of their loyalty and service to the Chinese Communist Party (CPC) and not entirely on professional grounds and hence, is a politicized force. Internal reports leaked out from China have also indicated of massive restructuring and training exercises for the PLA to keep it as a proper fighting force, being initiated on direct orders of the Chines President, Xi Jinping.

The PLA again does not have a distinguished military track record. In 1954, it occupied Tibet, a free, sovereign country till then who had at best, a medieval age, security force to defend itself. In 1962 border conflict with India, it won due to the impuissance of Nehru and his lack of politico-strategic vision and leadership. However, the border conflict at Nathu La with India in 1967, proved to be its undoing with PLA losing more than 300 soldiers against Indian losses of 80 troops.

Even in the Vietnam war, it failed to emerge as a clear winner against the tiny Vietnam. Since then, it has had no real time fighting exposure. In one of the highly embarrassing episodes, a unit of the PLA as part of the UN peacekeeping duties, ran away leaving their weaponry and armaments, in Sudan in 2016. In the very recent Galwan fight-off with the Indian border troops, again the PLA failed to show it in a gallant light as in spite of a virtual 4:1 ratio against Indians, it failed to ensure a victory and in fact had to concede the area to Indians it had occupied surreptitiously a few weeks ago.

It is true that since the commencement of economic reforms in China in early 1980s, the single party political dictatorship has helped China to grow economically and emerge as the manufacturing hub of the world. The impressive economic turnaround has helped China to enhance its political stature in the comity of nations while also providing with enough money to use them for furthering its politico-strategic objectives. From making huge investments in national economies of Europe, US, Canada to Africa, South and South-East Asia to becoming a major player in global capital and bond markets, China has strategically made its presence felt.

With Xi Jinping’s accession as the Chairman of CCP, ambitions of China got a new fillip. The highly ambitious politico-strategic initiative, in the form of debt diplomacy, the much-touted Belt and Road Initiative (BRI) emerged as the innovative neo-colonialist Chinese weapon to secure the political and military control of the world. Already many countries beneficial of Chinese strategic benevolence like Pakistan, Sri Lanka, Congo, Senegal, Kazakhstan are feeling the pinch. Their politico-strategic sovereignty is under a severe threat from China. No wonder, other countries like Bangladesh, Myanmar, Maldives and many others are trying to balance their politico-strategic relationship with the middle kingdom.

Subsequent to the Galwan fiasco, after the Doklam setback in 2017 China seems to be in a catch-22 situation. It is not in a position to go for even a limited war with India while compelled to a negotiated settlement with India, has affected its perceived military capability adversely. While losing the political and military trust of India in a hurry, it has made India more emboldened and cautious.

India has suddenly gone into a military build-up overdrive with scores of new missiles and armaments that have been tested in recent months. On the politico-strategic front, much to China’s dismay, QUAD is getting into a shape while the US Navy and Air Force is constantly increasing its presence in South China Seas. Taiwan too, is getting bold and willing to face China, with the US as its protector.

Japan that till recently maintained its dependence on the US alone for its security, too has opened up and started bolstering its defences with China in mind. Countries in the region like Philippines, Indonesia, Vietnam are getting into strategic dialogues with India to counter China’s strategic dominance. They are also opening up to arms imports from India. And most importantly India has started seeing itself as a strategic rival to China, more explicitly. Voices in New Delhi regarding getting closer to Taiwan, are undoubtedly a pointer in that direction. And so is the Chinese reactions when its embassy is seen publishing full page advertorials in Indian media, cautioning against abandoning the so-called One-China policy.

While military and diplomatic negotiations on disengagement and de-escalation continue between India and China, it will remain debateable if China actually gained out of its latest incursions in Ladakh. While its PLA had an element of aura till Galwan, since then questions repeatedly are being raised on the capability and leadership of the entire PLA. How far those assessments are correct or otherwise need to be seen but it seems absolutely certain that China has lost much in the process. It will have to prepare for a new, emerging politico-strategic dynamics that could well be not to its liking.

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Sino-US rivalry and the myth of Thucydides Trap

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The writer of the view that are an outcome of complex phenomena. One can’t understand them through the lens of Thucydides trap which he considers nothing short of a China-bashing myth. He points out that nuclear capability itself is a great deterrence to war adventurism.  He stresses that wars are outlandish in terms of postulates of Modern theory of Conflict Management; that states conflict is not spread by a black sheep but it is natural to human relations. It can’t be eliminated by eliminating the blacksheep. The key to success lies in keeping the conflict to its minimal point while remaining peacefully engaged with one’s adversary.

Wars end in ceasefires, “grand concerts’, and realisation that they were avoidable. That they were cumulative upshot of reciprocal stupidities of belligerents.  Post-World War II period has not witnessed any war between major powers as they realise that how destructive a nuclear war would be. The potential belligerents nowadays enjoy armchair warfare blaming one another of hostile intentions.

Fallacy of thinking templates

The best way to analyse why a war broke out in the first place is to interview the key warriors or belligerents. But, most of them stand perished in wars unable to tell their part of the story. As such, major powers rely on thinking templates like Thucydides Trap to create imaginary rivals to fit in the crucible of their templates.

Thucydides’s Trap comes about “when a rising power threatens to displace an established power. Graham Allison, in his Destined for War (page vii) says, ‘As a rapidly ascending China challenges America’s accustomed predominance, these two nations risk falling into a deadly trap  first identified by the ancient Greek historian Thucydides…He explained: It was the rise of Athens and the fear that this instilled  in Sparta that made war inevitable’. Though key players may abhor wars “unexpected events by third parties or accidents that would otherwise be inconsequential or manageable, but even ordinary flashpoints in foreign affairs, can act as sparks that trigger large-scale conflict”.  Thucydides trap could perhaps be rephrased as stupidities trap.

Arnold Toynbee once said” history is something unpleasant that happens to other people”. Through their myopic decisions rulers sleep walk into the vortex of war. They are sure that their enemies would perish both they would survive. Yet the outcomes are quite pungent. Look at the outcomes of the World War I (1914-18) and II (1939-45). When the World War I ended  in 1918, the Austro Hungarian Empire had vanished, German Kaiser ousted, Russian Tsar shown the door, France, Britain and so many other countries were left to mourn loss of depletion of their treasuries and extinction of youth  capital (scientists/engineers/doctors/teachers/intellectuals-to be). At the end of the World War II, Germany could not replace the United Kingdom. Two unexpected hegemons the erstwhile Soviet Union and the USA were born out of the womb of the war. The UK lost the fifty colonies that Hitler much talked about in his fiery speeches.

Before committing suicide, Hitler must have reminisced ‘ I was mistaken not to have thought about eliminating England as they were sons of a German tribe l’anglais who migrated to britain due to vagaries of nature’. ‘I was a fool to have ventured into the freezing Russia’. John Fitzgerald Kennedy rejected the dictum “better dead than Red”. Yet many of his decisions pushed closer and c loser to a nuclear confrontation with the Soviet Union. During post-WWII, McCarthyism had blurred American vision so much that they saw red in everywhere.

Classical versus Modern theory of conflict management

Relations and conflicts between states  

Thucydides trap takes a simplistic view of relations and conflicts between states.Thousands of years back Chanakya posited his mandal (interrelationships) doctrine.

One of his most misunderstood postulate is ‘all neighbouring countries are actual or potential enemies’. So they have to be subdued. Little attention is paid to another of his counter-balancing postulate, mandal (interrelationships) doctrine. In mandal, Chanakya thinks in terms of intersecting and just touching circles. He focuses on intersecting section of two intersecting circles like in mathematical solution set theory.

Even Kissinger, Kafka, et al, believed in establishing effective ‘spheres of influence’. Rich, powerful and progressing countries could but would not shun their poor pals in the comity of nations.

History shows that weakness invites aggression. Often militarily strong countries have attacked weaker nations with ‘litany of problems’ on one pretext or another. Economic motive could be unearthed in both modern and ancient wars. For instance, the Trojan War (1250 BC) was caused by an economic rivalry between Mycenae and Troy. Grants by Persia of good western Anatolian land to politically amenable Greeks, or to Iranians, created a casus belli for wars with rivals.

Yet all wars are justified by the now discarded  Classical Theory of Conflict management, and rejected by the Modern Theory of Conflict management.

According to modern theory of conflict management, terrorism or any conflict for that matter is not really caused by a few black sheep, as assumed under the Classical Theory of Conflict Management.

The Classical Theory says that “conflict is created by a blacksheep. If he is eliminated the conflict is eliminated there and then”. The modern theory, on the contrary postulates “No matter what you do conflict cannot be eliminated. It is natural to relations. However, through effort, it could be kept at its minimal point. And the minimal point is the optimal point”.

Fallacy of rising Dragon

It appears that Joe Biden is not a prisoner to Thucydies trap. He views rivalry with China as intense competition not as confrontation. He calls the shots but then quickly defuses the situation. For instance, to pacify furious China about `freedom of navigation’ in the South China Sea, he dispatched USS Pal Jones into the Lakshadweep waters. The aim was to send the message, that China need not fume and fret much about the Quad. The USA still thinks in terms of some principles.

Neither Sparta nor Athens was a nuclear power. If so, they would have perhaps preferred to remain engaged in a long period of cold war. In the ancient Greek world, it was Athens that threatened Sparta. In the late 19th Century, Germany challenged Britain. Today a rising China is believed to be challenging the United States. But, neither China nor the USA is structurally similar to Sparta or Athens. For ease of thinking we liken the two states to either China or the USA.

Today’s China is more inspired by Song dynasty which pushed economic progress through peace rather than wars like some other dynasties. China remarkably grew in terms of Gross Domestic product, imports, exports and reserves. But it still lags behind the USA.

China’s GDP of 7%  as a percentage of the United States’  in 1980 rose to 61 % in 2015, imports from 8%to 73%, exports from 8% to 151%, and reserves from 16% to 3140%.  Chinese economy doubled every seventh year. Still, it is no match for the USA. Chinese workers have become more productive. Yet they are quarter as productive as the American.  China still lags behind the USA in major economic indicators. Look at Chinese economic size in terms of GDP:  year 2000 ($ trillion 1.211), 2010 (($ trillion 6.101), 2016 (($ trillion 11.199). Corresponding figures for the USA are: U.S. 2010 ($ trillion 10.285), 2011 ($ trillion 14.964), 2016 ($ trillion 18.624). GDP per capita ($) for the aforementioned years from 2010 to 2016: China 940.  4,340, 8,250. U.S. 36,070, 48,950, 56,810. Researchers in R&D (per million people) China: 547.3, 903, and 1176.6. Corresponding figures for the US:  3475.7, 3868.6, and 4232. R&D expenditure (% of GDP) China:  0.896, 1.71, and 2.066. U.S.: 2.617, 2.734, and 2.794.

True, China has been the fastest-growing economy since 1979. Yet, it is nowhere near surpassing the USA even on one account that is gross Domestic Product. Heretofore are China and US figures of economic growth for the years 1977, 1987, 1997, 2003, 2008, and 2019. China: China 843,097, 1,883,027, 3,706,647,   6,187,983, 8,908,894, US$ trillion) 14.4.  USA: USA: 3,868,829, 5,290,129, 7,109,175, 8,431,121, 9,485,136, and 21.44.

Engagement not containment

Wars precede isolation. A benign corollary of Sino-US rivalry is that they are not isolating from one another but engaging in multi-dimensional economic relations.

Mr. Trump was viscerally predisposed to viewing China as a looming military threat to peripheral countries, in general, and the USA, in particular. True, Mr. Biden is also viewed as an America Firster.

Biden realises that China is much behind the USA in economic and military prowess. China trails behind the USA in terms of expenditure on its defence forces and possession of actual military equipment. Despite ongoing modernization, China spends approximately $ 5 billion in arms export far below US exports of about $ 46.5 billion. China’s sales are about three per cent of global sales while the USA’s are about 79 per cent.

The US has over 8,000 operational and inactive warheads as against China’s 240 mostly non-deployed.  The US has 2,000 nuclear weapons with strategic/intercontinental-range compared with China’s twenty. The US have sixteen ballistic missile submarines compared with China’s one, and more than 1000 US nuclear cruise missiles, compared with none for China.

The US has ten aircraft carriers plus one under construction attached to the Fifth and Seventh Fleet. China currently has two aircraft carriers, with a third in early construction, and a fourth planned for sometime in the mid-2020 or 2030s. Their first carrier, the Liaoning was commissioned by the PLAN in 2012, though it was first laid down in the early 1990s.

Shades of China’s critics

China critics in the USA are not monolithic. They have many shades including `Engagers’, `Realists’, `Duopolists’, ` China Lead’, `Declinists’ and so on.

The `Critics’ have an un-reconcilable antipathy toward China because of its repression of a wide spectrum of human rights (religious, labour, media and ethnic minority).

The `engagers’ lookup for common ground with China as a matter of national interest. The `engagers’ are optimistic that globalization, economic interdependence and rules of multilateral trade will lead to democratisation in China.

`Realist engagers’ are convinced that China has learnt lessons from the collapse of the former Soviet Union about the dangers of imperial overstretch. As such, China understands the realities of the current international system and limited capacity to change it.

`China Duopolists’ believe the USA and China could cooperate to bring into being a Chimerica (G-2), being the two most important countries.

The `China lead’ school believes China is already on the verge of replacing the USA as the world’s number-one power.

The `Declinists’ believe that the demise of the US global leadership already occurred as `Washington consensus’ has been replaced by `. It is now Beijing, not Washington that is dictating new rules to govern the international economy.

Joseph Biden belongs to the `America Firster’ School that China can’t replace the USA as number-one, even if it tries to. After visiting China, Biden wrote `the United States has nothing to fear from China since it is far ahead of China in size of the economy, per capita income, scientific innovation, and educational excellence among other indicators’ (Biden, China’s Rise Isn’t Our Demise, New York Times, September 7, 2011, online ed.).

Global Leadership

At present, China lacks the soft and hard power to supplant the USA.  To do so, China needs to:

(a) Command loyalty of the majority of the countries. (b) Initiate, innovate and articulate policies, programmes and activities, including dispensing rewards and punishments. (c) Being a `model’, worth emulating, of values, culture, language, laws, and social and political practices. (d) Excel in soft-power resources such as educational and public-health systems

Concluding remarks

Thucydides traps is a china-bashing myth. Biden is a whiff of fresh air, though he has no magic wand to change the climate and trade atmosphere.  He has promised to rebuild America’s decrepit infrastructure, spend more on health and education, and ease immigration.  He has pledged to raise tax on firms and the wealthy.

He is no revolutionary though his policies are tilted to the left of what Trump did. His job is to re-unite fractious American democracy. He is inclined to shun the personalized style of his predecessor’s rule, scorning decency and truth.

Joe understands China better than his predecessor. But, it remains to be seen how the USA would set right the topsy-turvy alliances that Trump had interwoven. Confrontation with China will make it difficult for Biden to deliver his promises to the American electorate.

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