Conflict Alerts # 588, 9 February 2023
In the news
On 4 February, two US Air Force F-22 fighter jets shot down a Chinese balloon equipped with solar panels and surveillance devices 15 miles north east of Myrtle beach. The incident led to the closure of the airspace over Charleston, Myrtle Beach and Wilmington. The Federal Aviation Administration shut down three airports in North and South Carolina. This prompted Secretary of State Antony Blinken to cancel the visit to Beijing. Previously, on 2 February, the Pentagon press secretary said: “The United States government has detected and is tracking a high-altitude surveillance balloon that is over the continental United States right now.” The Pentagon quoted a senior official who said expressed “very high confidence” that the balloon belongs to China.
On 5 February, China condemned the shooting down of the balloon; the Ministry of National Defense spokesperson said: “We solemnly protest this move by the US side and reserve the right to take necessary measures to deal with similar situations.”
On 6 February, China's Foreign Minister Xie Feng confirmed that he had filed a formal complaint with the US Embassy over the "US attack on a Chinese civilian unmanned airship by military force." On the same day, CNN reported that Colombian Air Force and Costa Rica’s Civil Aviation Authority had tracked a similar balloon in their airspace the previous week but did not link it to China. The Chinese Foreign Ministry spokesperson Mao Ning said the balloon was useful for flight tests.
On 7 February, Mao defended China’s claims, saying the balloon was for research purposes and strayed from its route because of bad weather.
Issues at large
First, a note on the balloons. The wind-driven balloons are capable of reaching high altitudes between 24000 and 37000 meters and can operate off the radar. According to a report by Scientific American, the balloon appeared to have a high level of manoeuvrability as opposed to China’s claim of using them for “civilian purpose,” especially when monitored over sensitive sites like Montana. Back in the 18th century, hot air balloons were preferred for surveillance activities because of their low costs.
Second, tensions between the US and China. Apart from the trade war, which escalated during former President Donald Trump’s administration, issues like Hong Kong’s pro-democracy protests, human rights abuses within China, Chinese thefts of intellectual properties and technologies, and Taiwan’s right to self-governance, increased the friction between the US and China. The balloon was claimed to be as used for the civilian purpose by a Chinese company which was offered protection by China but not yet recognised so far. The alleged relations of Chinese companies with the People’s Liberation Army (PLA) have also been questioned during the trade wars.
Third, lack of clarity on the international legal frameworks. The balloon flew at an altitude of 60,000 ft which is above the prescribed altitude of air traffic - 45,000 ft. The upper limit of the sovereign air space is unsettled in these international laws. The incident questions the capability of an Unmanned Aerial Vehicle (UAV) that can fly beyond the limits of prescribed air traffic. Along with this, the 1944 Chicago Convention on International Civil Aviation and ICAO that says about regulations and rules on hot air balloons and UAVs, does not regulate military activities. Here also, international laws and laws of the countries on such matter differs. The interpretation of law is done by the countries as per the circumstances.
In perspective
US-China relationship remains volatile. Despite trade deals and summits between both countries issues like the balloons underline the larger tension in the US-China relationship.