Today, the Department of Defense (DoD) released its
annual Freedom of Navigation (FON) Report for Fiscal Year 2020. During
the period from October 1, 2019, through September 30, 2020, U.S. forces
operationally challenged 28 different excessive maritime claims made by
19 different claimants throughout the world.
Unlawful and sweeping maritime claims—or incoherent legal theories of
maritime entitlements—that are inconsistent with customary
international law as reflected in the Law of the Sea Convention pose a
threat to the legal foundation of the rules-based international order.
Consequently, the United States is committed to confronting this threat
by challenging excessive maritime claims.
DoD’s operational challenges are also known as “FON assertions,” “FON
operations,” and “FONOPs.” The comprehensive, regular, and routine
execution of these operations complements diplomatic engagements by the
U.S. State Department and supports the longstanding U.S. national
interest in freedom of the seas worldwide.
Upholding freedom of navigation as a principle supports unimpeded
lawful commerce and the global mobility of U.S. forces. FONOPs
demonstrate that the United States will fly, sail, and operate wherever
international law allows—regardless of the location of excessive
maritime claims and regardless of current events.
Each year, DoD releases an unclassified summarized FON Report
identifying the broad range of excessive maritime claims that are
challenged by U.S. forces. The FON Report also includes general
geographic information to describe the location of FON assertions while
still maintaining operational security of U.S. military forces.
“Excessive maritime claims” are those that are inconsistent with
international law as reflected in the Law of the Sea Convention. They
include a variety of restrictions on the exercise of navigation and
overflight rights and freedoms and other lawful uses of the sea. If
left unchallenged, excessive maritime claims could limit the rights and
freedoms enjoyed by the United States and other nations.
As long as restrictions on navigation and overflight rights and
freedoms that exceed the authority provided under international law
persist, the United States will continue to challenge such unlawful
maritime claims.
The United States will uphold the rights, freedoms, and lawful uses
of the sea for the benefit of all nations—and will stand with
like-minded partners doing the same.
Previous DoD FON Reports are available at http://policy.defense.gov/OUSDPOffices/FON.aspx.