China’s military is increasing the use of dangerous aerial intercepts of American and allied aircraft in Asia that could lead to loss of life and an international crisis, according to a legal analysis by the U.S. Indo-Pacific Command.
The People’s Liberation Army aircraft have “executed exceptionally close approaches; engaged in reckless maneuvers; and breached widely accepted aviation norms and standards,” the report states.
The aggressive aerial intercepts “disregard international law and create significant risks of mishap, collision, or loss of life,” the report said. “An unintended incident resulting from a dangerous air intercept could spark an international crisis.”
The analysis mirrors recent comments from senior U.S. generals in the theater, who say the increase in dangerous aerial intercepts by China is a growing concern that heightens the risk of conflict.
Gen. Kenneth S. Wilsbach, commander of Pacific Air Forces and the senior Air Force general in the region, said U.S. military craft “do fly a lot close to China” but it is Beijing that is risking a disaster by conducting unsafe intercepts.
“It’s not uncommon for U.S. military aircraft to be intercepted 10 times a day,” he said during a conference hosted by the Air & Space Forces Association.
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Although most intercepts are safe, some are risky, the general said.
The U.S. military has begun highlighting some of the more egregious incidents despite a lack of response from China.
“When we call them out on these unprofessional, unsafe [intercepts], they’re not willing to have a discussion,” Gen. Wilsbach said. “We don’t have that kind of conversation. They blame it on us.”
Chinese state media have called the surveillance by aircraft from the U.S. and other countries in international airspace a violation of its security and sovereignty.
“Their typical response is, ‘This is your fault because this wouldn’t have happened if you weren’t here,’” Gen. Wilsbach said. “Now, let’s just get to the gist of the problem, which is what they’re saying is they don’t want us to exercise the same right that they have to be in international airspace.”
The U.S. military wants the Chinese to conduct the activities safely and professionally, he said.
“You can intercept. That’s your right to intercept, just like we do when we have aircraft flying inside of our air identification zones,” he said. “So do it safely, do it professionally, and everybody will be OK. We won’t have a miscalculation. We won’t have a disaster.”
The last major crisis involving a Chinese aerial intercept took place in 2001, when a Chinese fighter jet collided with a U.S. EP-3 surveillance aircraft off the Chinese coast.
The Chinese pilot died when his jet crashed into the sea. The U.S. aircraft made an emergency landing on China’s Hainan Island, and the crew was held captive for several days before being released after a diplomatic negotiation by the George W. Bush administration.
Refusing to talk
Gen. Wilsbach called China’s lack of engagement in talks worrying: “That’s concerning to me because some of these could be very close to a disaster.”
Gen. Mark D. Kelly, commander of the Air Force’s Air Combat Command, echoed that concern. He said Chinese and Russian aircraft have been conducting dangerous aerial intercepts of American military aircraft.
Gen. Kelly told reporters on Tuesday that the intercepting aircraft are flying closer and closer to U.S. aircraft to test how far away they can detect the jets.
Russian fighter jets have made dangerous close passes of U.S. jets over Syria. In March, a Russian jet collided with an MQ-9 drone over the Black Sea, U.S. officials say.
Gen. Kelly said U.S. jets were not interacting with Chinese warplanes on a routine basis five years ago. China and Russia appear to be challenging the U.S.-led status quo, he said.
“They want batting practice against the best air force in the world,” Gen. Kelly said during a conference on air and space superiority.
The new Indo-Pacific Command report called on the PLA to join a dialogue with the U.S. military under the 1998 U.S.-China military maritime consultative agreement. The agreement was designed to avoid dangerous military encounters at sea and in the air.
The report was produced by military lawyers at the command’s staff judge advocate office. It contends that the Chinese military is using the dangerous intercepts as part of a campaign of legal warfare, or “lawfare.”
The legal report was written in part to counter such Chinese lawfare operations and deter a conflict with China by exposing and opposing unlawful military operations. The program also seeks to help allied nations in the region push back against China’s territorial claims.
China has claimed an estimated 90% of the South China Sea as its territory despite a ruling several years ago by an international tribunal that said the sea is an international waterway.
Current international law and at least one U.S.-China agreement require air intercepts to be carried out safely and with respect for each nation’s rights and freedoms when operating in international airspace, the report noted.
“Despite these obligations, reports indicate that PLA aircraft have executed exceptionally close approaches; engaged in reckless or aggressive maneuvers; and breached safety of flight protocols,” the report said.
The increase in dangerous aerial encounters is seen as part of a larger Chinese campaign to try to enforce its maritime claims in the South China and East seas.
If the troubling Chinese air encounters continue unchecked, international law will be undermined and China will have its claims to own international waters legitimized, the report said.
China is a member of the International Civil Aviation Organization, which describes safe aerial intercepts as those with slow closure rates toward a target aircraft and that maintain a stable flight at a safe distance.
Military professionalism during intercepts calls proper airmanship and non-provocative maneuvers that do not involve overtly aggressive actions or communications or gestures from pilots.
Close calls
Recent actions by Chinese aircraft during encounters “raise questions about the PLA’s adherence to accepted norms and standards of safety and professionalism,” the report said.
Canada recently disclosed that more than two dozen Chinese aerial intercepts of Canadian CP-140 Aurora patrol aircraft involved flights within 20 feet to 100 feet just in the past two years. The activity caused some of the Canadian planes to change course to avoid colliding with the Chinese jets.
The Canadian aircraft were monitoring compliance with United Nations sanctions against North Korea.
In June 2022, a PLA J-16 fighter intercepted an Australian P-8 reconnaissance aircraft and flew in front of the plane while releasing flares and chaff — small pieces of aluminum — that entered one of the jet’s engines.
Another dangerous intercept took place in December, when a PLA navy J-11 fighter flew as close as 20 feet in front of a U.S. Air Force RC-135 reconnaissance jet in international airspace, forcing the American craft to take evasive action.
One of the most serious intercepts took place in May. A PLA J-16 fighter carried out what the report called “an aggressive maneuver” near Air Force RC-135 aircraft.
“The PLA pilot flew directly in front of the nose of the RC-135, forcing the U.S. aircraft to fly through wake turbulence,” the report said. The encounter was captured on an Indo-Pacom video.
Chinese officials have rejected U.S. officials’ calls to follow the established rules, arguing that the U.S. does not have the right to set the terms for engagement unilaterally.
• Bill Gertz can be reached at bgertz@washingtontimes.com.
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