Evaluating the "3rd option": MDT
A strategy that relies on the MDT is a line of thinking with direct lineage to the ill-fated pre-World War II “War Plan Orange” that was supposed to have sent the US Pacific fleet across the Pacific to repulse an Imperial Japanese attack. As USAFEE forces that retreated to Bataan as part of the plan discovered -- the hard way in April 9, 1942 -- the mere threat of retaliation did not prevent invasion, and the promise of reinforcement could be hampered by other more-pressing concerns. Unfortunately for the defenders of Bataan, the attack on Pearl Harbor had put the United States on the defensive and the security of the continental US had become paramount. They had become expendable.
In addition to keeping the Bataan experience in mind, when weighing the value of the MDT as shield, one must also be mindful of the wording of the treaty and the mechanics for enforcement.
Article 4 and 5 of the US-PH treaty states
ARTICLE IV
Each Party recognizes that an armed attack in the Pacific Area on either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes.
Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.
ARTICLE V
For the purpose of Article IV, an armed attack on either of the Parties is deemed to include an armed attack on the metropolitan territory of either of the Parties, or on the island territories under its jurisdiction in the Pacific or on its armed forces, public vessels or aircraft in the Pacific.
Arguably, faith in the MDT’s use as a shield against China emanates from these two provisions in the treaty. Particularly in the segments that indicate that an attack on the “armed forces, vessels or aircraft” of either party will trigger the MDT.
But how does this treaty ACTUALLY compare with other mutual defense agreements that the US has with its other allies and how is it enforced?
Treaty that created NATO
Treaty between US and Japan
While the JP-US and PH-US mutual defense treaties both lack the automated response provision of the NATO treaty, the US has categorically declared that they recognize Japan’s claims to the Senkakus. The same cannot be said for the KIG.
The discretionary nature of MDT activation, and the lack of overt commitment to defense of the KIG -- both of which represented the status quo long before the current administration came to office -- should give anyone pause when opting to rely on the MDT as a shield against Chinese aggression.
If understanding the US and its policies is exceedingly complex, then understanding the relationship between the Philippines and the United States in terms of the 1951 Mutual Defense Treaty takes complexity to a whole new level. If one were to try to simplify a description of this relationship, one might say that it is the sum total of the ups, downs, twists, and turns of the relationship between the two nations since the US granted full sovereignty to the Philippines on July 4, 1946..........and a whole lot of ambiguity.
A lot of that relationship was ingrained in the long time presence of American forces on Philippine soil vis-a-vis the large bases at Clark and Subic Bay, as well as several smaller bases. As such, throughout much of that period, the Americans either provided excess defense articles, or in some cases subsidized Philippine military operations, as the Americans needed what it could get to help protect its prized bases in the country. The Philippines had the personnel, but the Americans had the equipment.
However, beneath the surface, there was a constant cajoling and nagging on the part of the Americans to get the Philippines to do its part to defend itself. A lot of it can be seen in the following 1972 US General Accounting Office report which outlined how a lot of the funding being sent to the Philippines that was supposed to be used to acquire newer and modern military equipment was being used instead to fund the AFPs normal day-to-day operations. And that 1972 report essentially reiterated the same findings of an earlier 1966 report (
http://archive.gao.gov/f0302/096402.pdf).
Thus, the dependency began. The thinking on the part of Philippine decision makers was, "Why worry about our own defense when Tio Samuel can do it for us." And judging by the GAO report, the Americans knew it, and were exasperated about it. But if anything, the Philippines had the Americans by the cajones, and the Americans, if they wanted to maintain the strategic balance in Southeast Asia, could do little but indulge it.
But with the closure of the American bases in 1992, everything had changed. The world had changed (the Cold War was over). And the relationship had changed. The child (the Philippines) decided it was better off on its own. And the parent (the United States) had realized that it could no longer count on the unconditional cooperation of the child.
But what hadn't changed was the expectation of the child for the freebees and gifts and toys that it had been getting. It was like the child gave the parent "the finger", but still expected to be spoiled. It is a reflection of the poor understanding by the child of what the relationship with the parent was all about. The US had done things that it didn't necessarily do for its other allies. The US doesn't hand out free equipment to its allies. The equipment may be dated, but few if any get freebees as the Philippines once did. Even NATO allies have to pay for American equipment and weapons just like any other customer (with the exception of Iceland, which has no military, but its strategic position in the center of the Atlantic makes it prime real estate). To this day, that "the Americans will take care of us" attitude still persists. And while some have recognized the need for the Philippines to defend itself, that dependency has hampered the development of the AFP just as much as any of a number of other factors.
Meanwhile, on the American side, the Americans were still mindful of Philippine attitudes toward its own defense. Then, as now, they've questioned the Philippines' reliability as an ally, and whether the Philippines would ever be worth the effort. At the same time, American budgets have increasingly gotten tighter and tighter. There's no longer the money to be thrown around as their federal budget has had an increasing number of obligations with ever shrinking revenues. As such, giving dole outs to countries, such as the Philippines, which demonstrably have shown the ability to handle its own affairs, has become politically untenable in the United States as voters/taxpayers have questioned why their taxes should go to such places........and they do let their congressional representatives know about their objections. And so "the good stuff" continues to go to countries who already shell out billions to buy American equipment and can demonstrate a commitment to their own defense (such as Israel), while countries that insist on playing the role of the needy girlfriend have been left out in the cold.
And then there's the MDT itself.
If anything, the terms of the MDT are ambiguous.
First of all, Article V of the treaty refers to an "an armed attack on the metropolitan territory of either of the Parties, or on the island territories under its jurisdiction in the Pacific or on its armed forces, public vessels or aircraft in the Pacific."
In terms of the Philippines, "metropolitan territory" has been understood to mean those borders of the Republic of the Philippines that were in place at the time the Philippines gained sovereignty from the United States on July 4, 1946.......more or less. I say "more or less" because since then, those borders have been adjusted to conform with international law, specifically UNCLOS. These are more or less the borders that the United States recognizes, and these are the borders that are covered under the MDT.
However, that leaves the Kalayaan Island Group and Scarborough Shoal in a gray area. While the Philippines claims these territories, the United States does not officially recognize Philippine sovereignty over these areas. The official US policy on the territorial disputes is that it recognizes no one's claim in the disputed areas of the South China Sea, and that the disputes should be resolved peacefully. As such, the MDT does not apply to the KIG and Scarborough Shoal.
However, the Philippines, rather astutely, has gotten around that by stationing troops in the KIG. It has also created a makeshift outpost at Second Thomas (Ayungin) Shoal by stationing the derelict WW2-vintage transport BRP Sierra Madre at the shoal. By virtue of the clause "n its armed forces, public vessels or aircraft in the Pacific", the Philippines has placed indirect MDT coverage over these areas, since an attack on the troops or the ship would in theory trigger the treaty.
The problem, thus, becomes the other ambiguity.......what response would be triggered?
Article IV of the treaty states: "Each Party recognizes that an armed attack in the Pacific Area on either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes.
Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security. "
But the language is very vague in terms of what such a response would be.
It is presumed that in the event of an armed attack on the Philippines, an American president would invoke the 1973 War Powers Act. Under the terms of the Act, the US President in his or her capacity as commander in chief of the armed forces can act to commit US forces in the event of an emergency. The President would have 48 hours to inform the US Congress, and US forces can remain in place for up to 60 days, beyond which Congressional approval would be required.
However, the MDT provides no guarantees of such action. And the US has never made any statement guaranteeing such action.
There may be some historical context. In the past, the US has been known to implement a policy of "strategic ambiguity". Such policies are implemented to keep foe AND friend in check, and preventing both sides from taking actions to escalate a conflict or dispute. The most notable example of this is US policy toward Taiwan. On the one hand, statements that the US was committed to Taiwan's defense was intended to deter mainland China from invading the island. However, the US was deliberately ambiguous as to what it would do to defend Taiwan, in order to prevent Taiwan from making aggressive moves which would escalate the China-Taiwan dispute, such as an outright declaration of Taiwanese independence which would almost certainly lead to war.
The same "strategic ambiguity" may be in play in terms of the MDT.
Some of this may be the result of past moves on the part of the Philippines. The one notable example was moves in the late 1960s/early 1970s to invade Sabah. The thinking by Philippine decision makers was that they would give it a go, and if it went to hell, or Malaysia invoked its Five Power Defense Arrangement with Great Britain, Australia, New Zealand, and Singapore, it would go running to the Americans and invoke the MDT.
Nixon and his Secretary of State, Henry Kissinger, put the kibosh on that, stating that the MDT was purely a defensive measure. If the Philippines started something, it was on its own.
That line of thinking has been kept in place for the better part of 40 years. And has affected how the South China Sea disputes have been dealt with. The Americans are well aware that there is a temptation with Philippine decision makers to try to provoke some kind of confrontation such that the US could get dragged in vis-a-vis the MDT. All in the hope that the Americans would do the Philippines' dirty work for it.
It does call to mind an anecdote that was relayed in the old Timawa forum. Some admirals from the US Pacific Fleet came to Manila for a visit. The local politicians were gleeful that they were there, saying that the Americans would fight the Chinese for them. To which the admirals replied that if the Philippines would take their defense seriously and invest more in their defense, then they would be happy to help. But if they expected the Americans to do the fighting for them, then they would be on their own.
It's like the bitter complaints once attributed to the GIs of the US 3rd Army during WW2, whose famed commander, Gen. George S. Patton, was referred to as "Old Blood and Guts". To which the GIs replied, "Yeah, our blood.....his guts."
If the MDT has had any positive effect, it's that the Chinese haven't taken the old Dirty Harry challenge, and tested whether or not they feel lucky. So far, they haven't taken any overt action, such as attacking the garrison on the BRP Sierra Madre at Ayungin Shoal. The Chinese haven't quite been willing to try to figure out for themselves exactly what the US' MDT response would be. However, they are still mindful of what the MDT is, and how they can play the MDT. Actions such as blockading Ayungin Shoal, as well as shadowing the BRP Laguna during its KIG resupply runs in 2017, may serve not just to try to sever the logistical links with Philippine outposts in those far-flung areas. They know full well that an error or the rash actions of a Philippine trooper could lead a Filipino firing the first shot. That would make the MDT as worthless as the paper it's printed on, and give the Chinese full license to take whatever action it deemed appropriate.
The MDT may not quite be what many of us hope for. The real value of the MDT if anything has been to maintain the tenuous status quo in the region.