Baltic Subsea Sabotage: China Gets Away with Non-cooperation
Both cables were restored by 28 November. Investigations are ongoing, involving authorities from Sweden, Finland, Lithuania and Germany. A China-flagged ship, Yi Peng 3, which was present near the disruption sites, has been a focus.
On 23 December Swedish authorities said China had denied a request for prosecutors to conduct an investigation on the ship. It left the area soon after. If, as seems very probable, the crew were saboteurs, investigators cannot now hold them accountable. Swedish authorities have criticized China for withholding full access to the vessel.
According to the United Nations Convention on the Law of the Sea, China, as the home state of the vessel, is not obliged to give other countries access to it. And only China holds the sole authority to prosecute. The ship was detained in international waters, so Swedish police could only observe the situation; they could not investigate. An accident commission could separately interview the crew and examine the anchor but could not prosecute. Legally, Sweden has limited options beyond seeking economic compensation from the ship’s owner.
Since China has persistently breached the same convention in the South China Sea, its disregard for the interests of other countries in the Yi Peng 3 case comes as no surprise.
The key point is the rest of the world, which does care about such rules, can’t afford to let malign actors continue to get away with it.
Beijing’s refusal to cooperate fully with investigations erodes trust and transparency. These are particularly crucial in incidents involving shared resources, such as undersea cables, which serve as critical infrastructure for multiple nations. A refusal to comply with international investigative norms also encourages other states to act similarly.
China is also ignoring its responsibility to assist in uncovering the truth and ensuring accountability, undermining cooperative norms that underpin a global rules-based order. Under international law, states must prevent and address harm caused by their vessels in foreign or international waters.
Furthermore, disruption of undersea cables not only affects regional communications; it also has significant economic implications and poses risks to broader economic stability. So, China’s non-cooperation exacerbates tensions in Europe and raises concerns about its commitment to preserving the stability of global infrastructure.
Good international citizenship requires states to act in a manner that supports global security. They should be transparent and accountable. China’s refusal to cooperate fully and Russia’s continued effort to break sanctions are at odds with these principles. These incidents show how the Russia-China axis is increasingly working in sync to the peril of the rules-based liberal order. Political will, and unity of purpose, is needed to make clear this is intolerable.
Jakub Janda is director of the European Values Centre for Security Policy, and James Corera is director of ASPI’s Cyber, Technology and Security Program. This article is published courtesy of the Australian Strategic Policy Institute (ASPI).
