The Philippine Navy is at fault for the death of two Vietnamese fishermen. This was the result of an incident investigation into the shooting of a Vietnamese fishing vessel in the waters off Pangasinan last September 22, although no official result has been released. The incident apparently occurred close to midnight, when the Vietnamese crew noticed a ship approaching them. Fearing they were pirates, they fled. The Navy ship then fired at the fleeing fishing vessel, which only stopped when it became apparent that a Navy ship was chasing them. But by then, two of their co-fishermen were already killed. It is not clear if the Navy fired warning shots, or if they targeted the vessel, considering the incident happened at night.
There is a debate as to the criminal culpability of the parties involved, since the incident occurred within the Exclusive Economic Zone (EEZ) of the Philippines, and not within the country's own territory. The International Tribunal on the Law of the Sea (ITLOS) states "In the conduct of arrest, use of excessive and unreasonable force in stopping and arresting a vessel such as firing with live ammunition using shots from large caliber automatic guns must be avoided, and where force is unavoidable, it must not go beyond what is reasonable and necessary in the circumstances". The fishermen were not armed so some are asking why they needed to be fired at. But others are saying that the Navy has immunity from criminal culpability because the incident took place within the country's EEZ.
There is also debate as to the criminal liability of the fishermen, who may be guilty of poaching. Filipinos have the sovereign right to benefit from their own EEZ, having exclusive rights. But this is where these so-called laws of the sea become complicated. The reason is China. Panatag Shoal is well within the country's EEZ. But Chinese vessels have stayed there since 2012. Our own fishermen had to be given permission to approach the shoal and fish, and not even enter the shoal itself. Where is the Navy enforcing our EEZ now?
Hopefully Vietnam-Philippines relations will not be affected by the incident when an official result eventually comes out. Vietnam is an ally of the country, especially when it comes to territorial issues with China. In fact, Vietnam is now far more vocal than the Philippines against China's widespread territorial claims. Vietnam gave its support when the country filed a case at the UN Permanent Court of Arbitration. We do not need a problem with Vietnam, as was the case with Taiwan when a fisherman was killed by the Philippine Coast Guard near the waters of Batanes.