On Dec. 6, 2024, USS Preble (DDG 88) asserted navigational rights and freedoms in the South China Sea near the Spratley Islands, consistent with international law. At the conclusion of the operation, USS Preble (DDG 88) exited the excessive claim area and continued operations in the South China Sea. This freedom of navigation operation (“FONOP”) upheld the rights, freedoms, and lawful uses of the sea recognized in international law by challenging restrictions on innocent passage imposed by the People’s Republic of China (PRC), Taiwan, and Vietnam.
The PRC, Vietnam, and Taiwan each claim the entirety of the Spratly Islands, while Malaysia also claims features in the Spratly Islands near the location of this FONOP. The PRC, Vietnam and Taiwan each purport to require, in violation of international law, either permission or advance notification before a military vessel or warship engages in “innocent passage” through their territorial sea. The unilateral imposition of any authorization or advance-notification requirement for innocent passage is unlawful. By engaging in innocent passage without giving prior notification to or asking permission from any of the Claimants, the United States challenged these unlawful restriction imposed by the PRC, Taiwan, and Vietnam. The United States demonstrated that innocent passage is not subject to such restrictions. Malaysia does not assert any excessive maritime claims relevant to this FONOP.
Unlawful and sweeping maritime claims in the South China Sea pose a serious threat to the freedoms of the seas, including the freedoms of navigation and overflight, free trade and unimpeded commerce, and freedom of economic opportunity for South China Sea littoral nations.
The United States challenges excessive maritime claims around the world regardless of the identity of the claimant. Customary international law reflected in the 1982 Law of the Sea Convention protects certain rights, freedoms and lawful uses of the sea enjoyed by all nations. The international community has an enduring role in preserving the freedom of the seas, which is critical to global security, stability, and prosperity.