The 1974 Paracel Islands Incident: From "Gray Zone" to the Use of Force
In recent years, the public has frequently encountered terms such as "gray zone tactics" or "hybrid warfare." These terms refer to the integrated use of tools, methods, forces—both civilian and military—to achieve strategic goals, including illegal objectives that violate international law. Reflecting on the 1974 Paracel Islands incident through this lens reveals that China began employing "gray zone tactics" early on.
According to multiple studies, the forces involved in China's attack on Vietnam's Paracel Islands were not limited to the Chinese military but also included "anonymous" maritime militia fishing vessels. A 2021 report by the Asia Maritime Transparency Initiative (AMTI) under the Center for Strategic and International Studies (CSIS) noted that China’s maritime militia fishing fleet participated in the operation to seize the Paracels in 1974. These fishing vessels appeared as early as January 14, 1974, and gradually landed on islands such as Duncan, Quang Hoa, and West Quang Hoa by January 18, 1974. When troops from the Saigon government landed on Quang Hoa and West Quang Hoa on January 19, they were met with gunfire from the maritime militia. Research indicates that this force was the precursor to China's now-professionalized maritime militia. This demonstrates that during the Paracel Islands seizure, China had already begun applying "gray zone tactics," progressively escalating to outright use of force and illegal territorial occupation.
Looking at recent developments in the South China Sea, China continues to employ "salami slicing" tactics across the waters of other nations bordering the region. These efforts include deploying various vessels from the navy, coast guard, and maritime militia, as well as scientific survey and geological exploration ships. China's occupation of the Paracel Islands in 1974 serves as a profound lesson in vigilance against China's sophisticated maneuvers, which include "gray zone tactics," the "three warfares strategy," and so-called "unrestricted warfare" approaches.
The 1974 Paracel Islands Incident – China's Systematic Violation of International Law
From the perspective of international law, it is evident that China has failed to comply with the principles governing territorial acquisition and fundamental tenets of international law.
Regarding territorial acquisition, international law recognizes four legitimate methods for establishing sovereignty over a territory: (i) Occupation, (ii) Prescription (acquisition through effective control over time), (iii) Cession (transfer through agreement), and (iv) Natural processes leading to territorial changes. Historically, acquiring territory through "conquest" or force was once considered lawful. However, with the League of Nations Covenant of 1919, the Briand-Kellogg Pact of 1928, and more significantly, the United Nations Charter of 1945, the use or threat of force against the territorial integrity or political independence of another state has been prohibited under international law. Article 2(4) of the UN Charter explicitly enshrines this principle.
This prohibition on the use or threat of force has been reaffirmed and clarified in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations. Furthermore, in 1974, the UN General Assembly adopted Resolution 3314, which provided the first official definition of "aggression." Article 1 of the Annex to Resolution 3314 defines aggression as the use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state, describing it as the most severe and dangerous form of unlawful force. Since 1945, international law has clearly stipulated the prohibition of the use or threat of force, elevating this principle to the level of jus cogens—a peremptory norm from which no derogation is permitted. Any use of force to acquire territory constitutes a grave violation of international law, specifically the UN Charter.
Applying this to the 1974 Paracel Islands incident, China's military shelling of the islands constituted an act of force and aggression as defined by UN Resolution 3314. China's actions to forcibly seize the Paracels cannot be justified as an exercise of legitimate self-defense, as Vietnam was peacefully occupying and managing the islands at the time. Scholar Stein Tønnesson has noted that the use of force by China to turn the Paracels into Chinese territory renders any territorial acquisition invalid.
At the time, the People's Republic of China was already a member of the United Nations and therefore obligated to adhere to the UN Charter. Under Resolution 2625 and the 1970 Declaration on the Principles of International Law, all states are required to fulfill their international obligations in good faith (pacta sunt servanda). By using force in the Paracel Islands in 1974, China violated the principle of good faith and its international obligations.
The Paracel Islands: an Inseparable Part of Vietnam’s Territory
The use of force by China to seize the Paracel Islands in 1974 constitutes a complete and systematic violation of fundamental principles of international law, including the prohibition of the threat or use of force and the principle of good faith in fulfilling international commitments outlined in the United Nations Charter, to which China is a party. Acquiring territory through forceful occupation of sovereign territory is unlawful and does not confer legitimate sovereignty over the occupied territory.
Some viewpoints argue that after 50 years, the Paracel Islands would effectively become Chinese territory. Regarding the statute of limitations for territorial acquisition, international law recognizes "prescriptive occupation," where sovereignty over a territory is established through continuous, peaceful exercise of authority for a reasonable period. However, prescriptive occupation applies only to territories that are no longer under or have never been under legitimate sovereignty.
Additionally, the recognition or objection of other states to such claims must be considered. If a state peacefully possesses a territory for an extended period without objection, it may be considered tacit acknowledgment of sovereignty. In the case of the Paracel Islands: (i) International law does not define what constitutes a "reasonable" period for prescriptive occupation; (ii) At the time of China's use of force, Vietnam was peacefully occupying and managing the Paracels, meaning they could not be classified as a territory without or lacking legitimate sovereignty; (iii) China has not exercised sovereignty in a peaceful manner; instead, it used unlawful force; (iv) Over the past 50 years, Vietnam has never relinquished its sovereignty over the Paracel and Spratly Islands.
The Paracel and Spratly Islands have always been an inseparable part of Vietnam's territory. Vietnam’s sovereignty over these islands is affirmed through solid historical evidence and robust legal foundations. This consistent stance is reflected in numerous official documents, including Vietnam’s White Papers on sovereignty over the Paracel and Spratly Islands (1979, 1981, and 1988), official statements, documents circulated at the United Nations, and submissions to relevant international bodies.
Reflecting on the Paracel Islands incident 50 years later underscores the need to continue asserting Vietnam's sovereignty over this sacred territory. Moreover, examining past events provides valuable insights for addressing the current developments in the South China Sea, where vigilance is required against "gray zone" tactics used to assert illegitimate claims inconsistent with international law.
Dr. Nguyen Thi Lan Huong*
East Sea Institute, Diplomatic Academy of Vietnam
(*) The article represents the author's personal perspective.
Translated and edited by KT, NN, HD
An original version of the article was published here.
[1], CSIS, “Pulling Back the Curtain on China’s Maritime Militia”, 2021, https://csis-website-prod.s3.amazonaws.com/s3fs-public/publication/211118_Poling_Maritime_Militia.pdf?VersionId=Y5iaJ4NT8eITSlAKTr.TWxtDHuLIq7wR
[2] Resolution 2625, "The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States" adopted by the General Assembly on 24 October 1970.
[3] Nicaragua v. United States (ICJ), 1986.
[4] Stein Tonnesson, “The Paracels: The “Other” South China Dispute”, Asian Perspective, Vo.26, No.4. 2002, pp. 145-169, https://www.jstor.org/stable/42704389?read-now=1&seq=1#page_scan_tab_contents
[5] Dr. Pham Lan Dung, International Law Textbook, NXB The gioi, 2022, 206.
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