Exposing China’s Legal Preparations for a Taiwan Invasion
Exposing China’s Legal Preparations for a Taiwan Invasion by Cheng Deng Feng and Tim Boyle is published by War on the Rocks.
This piece begins with this statement:
China is systematically building a legal framework for a potential invasion of Taiwan. How can Taiwan’s friends, partners, and allies push back?
We come together as a unique writing team: military lawyers from the U.S. and Taiwanese armed forces. We seek here to explore China’s ongoing legal preparations for the use of force against Taiwan and uncover likely legal maneuvers Beijing will employ in the lead-up to an invasion. On that basis, we outline key steps for Taiwan’s international supporters to strengthen deterrence, including dismantling China’s legal pretext for aggression and implementing coordinated counter-lawfare strategies to challenge Beijing’s lawfare campaign.
Below is a short survey of the piece. As always, we recommend reading the full article for a well-cited, deep dive into Chinese Lawfare.
Strategic Context: The Legal Battlefield
In a meticulously researched analysis, Cheng Deng Feng and Tim Boyle provide commentary for a critical dimension of China’s potential Taiwan strategy: legal warfare aka lawfare. The article reveals how Beijing is systematically constructing a comprehensive legal framework designed to legitimize and facilitate a potential invasion of Taiwan. This is clearly military preparation and a sophisticated multi-layered approach that seeks to reshape international perception and create legal justification for aggressive action.
The Foundation of Legal Aggression
At the core of China’s strategy lies the “One China Principle,” a legal construct that frames Taiwan as an internal matter exempt from international intervention. The 2005 Anti-Secession Law emerges as a pivotal instrument, mandating “non-peaceful means” if Taiwan is perceived to be moving towards independence. This law is a calculated tool that provides Beijing with a pretext for military action. It criminalizes resistance and creates a legal pathway for potential invasion.
Expanding Legal Instruments of Control
China has methodically expanded its legal arsenal beyond the Anti-Secession Law. The National Security Law (2015), National Defense Law (2020), and subsequent maritime regulations incrementally expand the government’s authority. These laws are interconnected mechanisms that grant Chinese authorities sweeping powers to regulate territories, control maritime spaces, and potentially justify military intervention.
International Manipulation Strategy
The article highlights Beijing’s sophisticated approach to international legal perception. By persistently promoting its “One China Principle” and attempting to distort interpretations of UN Resolution 2758, China seeks to create a global narrative that presents its potential actions as legitimate. The strategy involves economic coercion, diplomatic pressure, and a calculated effort to normalize its territorial claims.
Potential Future Legal Maneuvers
Looking forward, the authors anticipate increasingly aggressive legal tactics. These might include:
- Introducing a “Taiwan Basic Law” similar to Hong Kong’s model
- Establishing maritime exclusion zones
- Creating legal mechanisms to prosecute “separatists”
- Expanding domestic laws that enable military-civil fusion strategies
Recommended Counter-Strategies
The analysis doesn’t just admire the problem. It offers strategic recommendations. Key recommendations include:
- Exposing legal inconsistencies in China’s arguments
- Ensuring Taiwan’s representation in international forums
- Maintaining freedom of navigation in the Taiwan Strait
- Developing coordinated international counter-lawfare approaches
Broader Implications
What makes this piece particularly compelling is its demonstration that modern geopolitical conflict extends far beyond traditional military considerations. Legal warfare represents a nuanced, sophisticated method of creating strategic advantage, potentially reducing the likelihood of armed conflict by lowering the perceived international costs of aggression.
Conclusion: A Complex Chessboard
The article by Cheng Deng Feng and Tim Boyle offers profound insights into the intricate legal preparations underlying potential cross-strait tensions. It’s a must-read for anyone seeking to understand the complex, multi-dimensional nature of contemporary geopolitical strategy.
