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It’s Time to Update INCSEA

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Earlier this month, a Russian Su-27 Flanker came dangerously close – within 10 feet – of a U.S. Navy P-8A Poseidon operating within international airspace over the Black Sea. This latest incident adds to an alarming pattern of aggressive interactions by Russian forces with NATO naval and air assets. Such interactions are reminiscent of Cold War behavior and the dangerous incidents between U.S. and Soviet naval forces. This parallel allows us to examine the past to gain insights in dealing with these incidents on and above the sea, though we must not lose sight of the vastly different world we now operate in.

Russian Frigate Yaroslav Mudry (FF-777) before the ship’s hull number was changed. RIA Novosti Photo

Russian Frigate Yaroslav Mudry (FF-777) before the ship’s hull number was changed. RIA Novosti Photo

At a time when Russian military activity is unquestionably higher than any point since the end of the Cold War, these actions, labeled by the Pentagon in its September 7th press release as “clearly unprofessional,” are symptomatic of a Russia desperate to reestablish itself as a major power. Russian Federation President Vladimir Putin has made clear his intent to restore Russia to its previous great power status – or at least to reclaim its historical sphere of influence in the ‘near abroad’ as a regional hegemon. This has translated to rising military spending, improved research and development, snap exercises and drills, airstrikes in Syria, and the operational use of innovative hybrid warfare. Russia’s navy is engaged in exercises from the South China Sea to the Baltic Sea. The Russian military is rebuilding, dusting off the rust, and flexing its newfound muscle to achieve the domestic and foreign policy goals of the State.

While carefully avoiding a direct confrontation with NATO – even Putin must realize the foolishness of a direct conflict given his military’s current state –the Russians are continuing to test allied forces. Russian fighter aircraft have harassed U.S. navy ships, including the USS Donald Cook (DDG-75) incident in the Baltic Sea this spring. The Russian frigate Yaroslav Mudry aggressively approached the USS San Jacinto (CG-56) while it was operating with the Dwight D. Eisenhower Strike Group in late June. Only a few weeks earlier, the same frigate had maneuvered unsafely around the Harry S Truman strike group and faced off with the guided missile destroyer USS Gravely (DDG-107).

Though all of these incidents ended relatively peacefully, the alarming frequency combined with provocative profiles indicate a potential time bomb. The commanding officers of those ships – designed to handily eliminate such air threats – demonstrated restraint and calm judgment in not taking defensive action. Future Russian pilots and ships who create a dangerous situation may not encounter the same response. Continued testing of the established norms and boundaries while operating at heightened tensions may invariably lead to mistakes or perhaps an unintended escalation.

An F-14 Tomcat from fighter squadron 102 (VF-102) escorts a Soviet TU-95 "Bear D" surveillance aircraft in 1985. USNI Archives

F-14A Tomcat from fighter squadron 102 (VF-102) off USS America (CV-66) escorts a Soviet Tu-95 “Bear D” surveillance aircraft in 1985. U.S. Naval Institute photo

It was exactly this type of concern over mistakes and faulty judgment calls that prompted American and Soviet leaders during the Cold War to enter discussions intended to prevent an inadvertent entry into World War III. While it is true that our geopolitical world today is barely recognizable from the bi-polar era of the Cold War, we would be well served to use a particularly successful tool from the Cold War playbook. In March 1968, following a succession of incidents between U.S. and Soviet naval forces – including threatening profiles, flying in close proximity, and ships aggressively shouldering each other – the U.S. proposed talks focused on preventing such escalatory incidents at sea. The Soviet Union accepted the invitation and negotiations were conducted in October 1971 and May 1972. The final “Agreement Between the Government of the United States of America and the Government of The Union of Soviet Socialist Republics on the Prevention of Incidents On and Over the High Seas,” more commonly known as INCSEA, was signed in Moscow in 1972 by then Secretary of the Navy John Warner and Soviet Admiral Sergei Gorshkov.

INCSEA sought to reduce the risk of misunderstandings by providing measures to help avoid collisions, protocols for maintaining safe distances from surveillance ships, prohibiting interference in formations or simulating attacks on the other party’s ships or aircraft. It further mandated the use of international signals when ships maneuvered in the vicinity of each other to increase communication and reduce surprises. In addition, the agreement provided for advance notice of three to five days for any projected actions which could ‘represent a danger to navigation or to aircraft in flight.’ The initial effectiveness led both sides to agree to a protocol the following year, building on the premise of INCSEA by pledging not to make simulated attacks against nonmilitary ships of the other state.

By the early 1980s, INCSEA had proven to be an effective tool to enhance mutual understanding and reduce the potential for conflict fueled by misunderstanding. Secretary of the Navy John Lehman credited INCSEA for improving Soviet –U.S. relations at sea, observing that the number of incidents had declined dramatically. The INCSEA agreement had established clear guidance for interactions at sea which both sides largely adhered to. This framework thus served to improve safety at sea and helped prevent inadvertent misunderstandings.

After the break-up of the Soviet Union, the agreement was assumed by the Russian Federation and still ostensibly remains in effect today. In fact, delegations from both the U.S. and Russia hold annual Prevention of Incidents On or Over the High Seas (INCSEA) discussions. The most recent was held in Moscow on 8 June of this year. While this forum offers an opportunity to address our contemporary issues – and indeed, the delegations did discuss recent Russian air and surface ship interactions with U.S. naval forces – it is clearly inadequate. One only has to look at the dates of the HST CSG and IKE CSG incidents to realize the lack of influence the chosen delegations have on Russian military actions. Delegates clearly have little power to influence military policy and are merely fulfilling the requirements of a long-standing agreement rather than working towards the intended purpose of the forum as a mechanism to reduce tensions.

U.S. and Russian Navy delegations during concluding ceremonies of the 40th Annual Incidents at Sea Agreement Review in 2012. U.S. Navy Photo.

U.S. and Russian Navy delegations during concluding ceremonies of the 40th Annual Incidents at Sea Agreement Review in 2012. U.S. Navy Photo

It is time that we take the principles and ideals behind the original INCSEA agreement and start anew. The naval forces of the Cold War were different than the modern fleets patrolling the high seas today. While it is clear that the world has evolved significantly from the bi-polar era of the Cold War, so too have the military forces of both the U.S. and Russia. Tactics, training, and strategies have changed to accommodate the modern global challenges. Even communication methods, sensor systems, and weapons capabilities are vastly different than those in the Cold War and must be accounted for in an updated agreement. It is further necessary to draft an agreement that Russia’s current leadership embraces as mutually beneficial, instead of relying on a Cold War relic agreed upon by their Soviet Union predecessors. The basic premise of INCSEA is solid, but lessons can also be garnered from the 2014 Western Pacific Naval Symposium, where the Code for Unplanned Encounters at Sea (CUES) was agreed to by member states. The new protocol should extend beyond just the U.S. and Russia, to include other states in the region in a manner more akin to CUES than INCSEA.

Given the tensions in today’s world – with a resurgent Russia desperate to prove its military prowess and reclaim its spot at the great power table – there must be a serious effort to address incidents at sea before an unexpected escalation occurs. Reducing misperceptions and the chance for inadvertent conflict is a small, but crucial, element of our broader strategy. It is time to reconvene talks aimed at the development of a modern INCSEA protocol. Initial talks should occur directly between U.S. and Russian Federation delegates. Subsequent talks should include NATO, and EU representatives, as well as interested regional states. An agreement will not be reached overnight – indeed, the INCSEA process was lengthy. But we must start now in order to provide a better framework to guide potentially dangerous interactions.

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