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Vietnamese ship
DNA-90152 was badly damaged by Chinese vessels.
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Following is the gist of an interview granted to VOV
online by Lawyer Le Thanh Son from the Hanoi Bar Association’s AIC Law Office
on this issue.
VOV: Since its
illegal placement of the oil rig Haiyang Shiyou- 981 in Vietnam ’s waters, China
has repeatedly used force, destroying Vietnam ’s fishery surveillance
ships and fishing boats. The most recent sinking of a Vietnamese fishery
surveillance ship 951 on the morning of June 23 caused great damage. How did
these actions violate international law?
Mr. Thanh Son: According
to our opinion, all the actions China has taken in recent years
are inhuman, violating article 2 of the UN Charter.
Under the UN Charter, UN member states are not allowed
to use force or threats to use force in international relations. China ’s above
mentioned acts have violated this rule.
China’s illegal deployment of its drilling platform and
escort ships is an infringement of the 1982 UN Convention on the Law of
the Sea, specifically violating the provisions of articles 55, 56, 57, 58, 76
, 77, 81 and a number of other articles.
Article 4 and 5 in the Declaration on the Conduct of
Parties in the East Sea (DOC) to which China is a signatory state that
countries must not use force or threaten to use force to settle disputes in
the East Sea and China has violated what it signed before. They have trampled
on international law.
VOV: How should
we explain the use of force trampling on international law by China ?
Mr. Thanh Son: Judging from
the above analysis, we think that China 's
actions are acts of aggression which can be more accurately called as
"behavior of national sovereignty invasion", i.e. the infringement
of Vietnam 's sovereignty in
the East Sea .
Their continued use of force, crashing, ramming
Vietnamese ships, and sinking 10 Vietnamese fishermen is an act of utmost
inhuman.
International law says it is imperative to save people
in distress in the sea voyage. Therefore, China ’s foresaid acts must be
inhuman and can be considered terrorist behaviour.
A UN anti-terrorism resolution has received support
from UN member states especially the US . Long before, we only talked
about terrorism by individuals or organizations without mentioning national
terrorism. Therefore, we want to say that China deserves to be called a
terrorist country.
So what is national terrorism and how does
international law treat it?
We can understand that behaviors by big countries such
as use of coercion, threat to use force to wage war against small countries
can be called acts of terrorism and we should devise a certain regulation to
prevent big countries from bullying small countries.
VOV: In this
regard, what proposals should we make for submission to the UN to impede big
nations from compelling smaller ones?
Mr Thanh Son: In my
opinion, we should propose to the UN on considering what behavior is called
"behaviour of national terrorism" and what responsibilities of UN
member nations are for this behaviour.
The fact is that the UN has touched upon terrorist
behaviour but has yet to clarify what national terrorism is. The UN General
Assembly needs to give an official sanction against this behaviour.
VOV: Thank you
very much.
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