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James Kraska. Michael Monti. International Law. Feb 06, PDF Download. The militia is positioned to conduct a peoples war at sea in any future conflict. The maritime militia forms an irregular naval force that provides the PLAN with an inexpensive force multiplier, raising operational, legal and political challenges for any opponent. The sheer size and scope of the vast network of Chinas maritime militia complicates the battlespace, degrades any opponents decision-making process and exposes adversaries to political dilemmas that will make them more cautious to act against China during a maritime crisis or naval war. The legal implications are no less profound. This article concludes that the maritime militia risks erasing the longstanding distinction between warships and civilian ships in the law of naval warfare. Although the law of naval warfare permits warships to engage civilian fishing vessels that assist enemy forces, it may be virtually impossible to distinguish between legitimate fishing vessels and those that are integrated into the PLAN as an auxiliary naval force. Regardless of whether the maritime militia plays a decisive combat role, its presence in the theater of war confronts opponents with vexing legal and operational dilemmas. The maritime militia has emerged in parallel with Chinas ascent to great power status. As the worlds newest major maritime power, China warrants close attention. Since China soon will have the second largest navy in the world, it is especially important to explore the implications of its auxiliary militia force under international law. The four hundred years of custom and State practice embedded in the law of naval warfare may be upended by Chinas unorthodox approach to maritime power. China operates the worlds largest fleet of civilian fishing vessels and trawlers, 2 and many of their crews and ships form a maritime militia used to advance the countrys geopolitical claims in the East China Sea and South China Sea. The hybrid civilian-naval forces, which are integrated as unofficial constabulary and military auxiliaries into the PLAN, have a role in peacetime to support coercive maritime diplomacy against Japan, Vietnam, and the Philippines. The ships enforce Chinas unilateral seasonal fishing ban in the South China Sea, and perform other support for the Chinese Coast Guard, such as resupply of Chinese artificial installations in the region. Furthermore, Beijings maritime militia is designed to augment Chinese military power during any conflict at sea, and this utility has profound implications for the law of naval warfare. The nearly two hundred thousand fishing vessels that comprise Chinas maritime militia are not formally integrated into the PLAN, but they operate in conjunction with the armed forces to promote Beijings strategic objectives in the South China Sea and East China Sea. China has a large commercial fishing sector, with fourteen million people working in the industry percent of the worlds total. The fishing vessels of the militia are equipped with advanced electronics, including communications systems and radar that supplement the PLAN force structure and enhance interoperability with other agencies, such as the China Coast Guard. The maritime militia also provides logistics support to Chinese warships. In May , for example, militia fishing craft transferred ammunition and fuel to two warships near Zhejiang Province. Maritime militia training includes ship identification, use of light weapons and military organization. Furthermore, some fishermen are trained to interact with and confront foreign vessels in disputed waters. The sailors were released two weeks later, but the incident severely damaged Sino-Japanese relations. In a meeting last year, a former admiral of a blue water naval force in Northeast Asia said off the record that Chinese fishing vessels operate with military personnel on board–a point seconded by the retired chief of navy of a Southeast Asian State now at odds with China over maritime claims. The heady mixture of economic integration with the State and the banner of nationalism form an effective patron-client relationship that benefits both the Chinese fishing community and the Chinese Communist party. For fishermen who face increased competition from foreign vessels amid declining fish stocks in the region, the militia is a new way to ensure survival. If we put 5, Chinese fishing ships in the South China Sea, there will be , fishermen. And if we make all of them militiamen, give them weapons, we will have a military force stronger than all the combined forces of all the countries in the South China Sea. Jianbin also noted that in Hainan province on the northern edge of the South China Sea, there are more than 23, fishing vessels available for these purposes.

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