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April 10, 2009 |  26 comments |  Print | E-Mail Your Opinion  

Editorial Team

Piracy Revisited: How to Tackle the Growing Problem?

Editorial Team: Somali pirates seized six vessels within the last week. With yesterday’s capture of the US cargo ship, whose captain is still being held for ransom, the piracy problem arrested global attention again. Questions arise about how to tackle piracy, and we want to ask you, our readers, about solutions.

At the moment pirates now control 18 ships and around 250 hostages . The shock reverberates amongst the nations that organized an international naval task force patrolling the strategic waterway between Yemen and Somalia, which has failed to thwart the recent attacks. The pirates off the coast of Somalia continue to hijack merchant vessels and adapt to the newest strategies of the international community, going farther to sea. To date, the pirates have amassed more than $100 million of ransom payments. Last year, more than 130 pirate attacks were registered, including close to 50 successful hijackings. This threatens one of the world's busiest shipping lanes.

Atlantic Community ran a poll in December asking you to vote for what you considered to be the best course of action regarding the piracy problem. The poll generated a great deal of interest and prompted lively debate. The results showed a strong leaning towards military-interventionist action. The top four choices were as follows:

  • Action from NATO, with 18.5% of all votes cast
  • Arming merchant ships and pursuing pirates on land-each with 15.2% -and
  • Increasing naval patrols, with 14.1% of all votes cast.

The international community appears to have listened to your second and third choices, but the approach's success is debatable. Efforts have been cohesive with currently more than twelve warships from Europe, Asia and Iran patrolling the Gulf of Aden. The EU's Operation Atalanta, launched in December 2008 to replace NATO patrols, includes vessels from Germany, France, Spain and Britain. An American led task-force was set up to combat the piracy and the US even sent in their 80,000 ton nuclear supercarrier "Eisenhower." The French Defense Ministry has emphasized the encouraging fall in hijacking figures since the NATO and EU operations began. The recent attacks, however, seem to suggest that patrolling such a vast area of more than one million square miles cannot be an exclusive tactic.

The poll results favored action from NATO; perhaps greater success could be had if the EU handed the mission back to the military alliance. While the proposition for UN intervention in Somalia was not that popular amongst voters - it received only 10.9% of votes- the need to rebuild Somalia and increase regional stability was an important theme in the debates. Comments also focused on the legitimacy of the pirates' actions, and how the piracy phenomenon relates to questions about international trade and neo-colonialism. There was a recurrent emphasis on the need to combine strategies.

Questions on further approaches remain: should the international community persist with military patrols or look for a different strategy? Do current conditions reopen a debate about humanitarian intervention in Somalia? What approaches could be combined to ensure stability of the coasts? How can the international community stabilize Somalia and address the root cause of the problem - the lawlessness in Somalia? Possible solutions are an UN Mission, accepting the breakaway states and remedying the grievances with regards to overfishing. How are the strategies proposed in our last poll, as well the ones you might suggest, best implemented?

We are interested in your interpretation of recent events and what change in strategy, if any, you advocate. Based on these comments and the poll results, we will collate the results into an Atlantic Memo, which we will share with relevant policymakers.

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Tags: | pirates | Somalia | NATO | EU |
 
Comments
Unregistered User

April 10, 2009

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I feel the idea of "Regional Coast Guard" has merit. As well, I think that the U.N. under the "IMO" should develop some type of Ocean Patrol Task Force. Civilian Manned, Vessels Armed, Cost Shared by Mulit Nations, similar to a U.N. Peace Keeping force but not Navies or civilian "Blackwater" type contractors. Weather in Somalia or Asia, S. America where ever there are international Hotspots for Piracy and other types of Maritime Crimes. Military from various Nato or International forces could be called to assist. International waters require international participation. The other important fact is what is causing Piracy to flouish along the African Coast.
 
Alexander Josef Pilic

April 13, 2009

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The cause for piracy around the Horn of Africa is certainly the failed state of Somalia. Since there is no government in Mogadishu capable of filling the power-vacuum and control the coastal areas, it would be up to the neighboring states or the UN to provide more security. As long as this does not happen, it is the duty of the affected nations to protect the ships from the pirates with military means. I have no idea why it takes the UN that long to wake up but if they do not act soon, there will be another coalition of the willing fighting the pirates and I hope they will do so with all necessary force. It is just ridiculous and unacceptable having "pirate-spokesmen" vowing retaliation for "unfair" treatment by the US and France.
 
Patrick  Edwin Moran

April 14, 2009

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Long term, the problem is how to deal with failed states and failing environments.

Short term, the problem is how to guard immensely valuable ships and crews against small boats and crews that are willing to work for gang lords much as pushers work for organized crime. The asymmetry of the situation is obvious. Arming merchant ships is viewed as an invitation to destruction of ship and crew. Unarmed ships depend on luck, on speed, on defensive devices ranging from water cannons to barbed wire barriers. The risks thus far have been low enough that shipping remains profitable for the owners. If cargo losses increase and/or sailors are killed, the perception of risk may change. There is a silent contract between ship crews and pirates -- the lives of the crews are not at risk as long as they submit without deadly resistance.

The alternatives to self defense by crews are (1) armed contingents analogous to plain clothes guards on passenger airlines, (2) armed naval escorts either of individual ships or of convoys of ships, (3) route changes that keep ships out of pirate waters. All of these defenses are costly, and not using any defenses is also costly.

In a broader context, costs are being driven up by global warming, environment degradation, fuel depletion, etc. Controlling the shipping problem therefore can, and must be, achieved by working from the top down. At the same time, those approaches will take too long to create a tolerable situation during the next few years and decades. Therefore there must also be a first-aid approach for the short term. It may be possible to achieve improvements in the middle term by investments in intelligence assets in Somalia. It may be possible to make up for some of our shortcomings in the short term by improvements in surveillance techniques, communication networks, and rapid response modalities such as the new class of naval vessels currently under development by the U.S. Navy.
 
Florian  Kuhne

April 15, 2009

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I think the strategy has to follow two alternative ways of dealing with the current problem. The short-term approach may be force, but in the long term the whole region has to be stabilized and a noticable improvement has to be implemented.

I disagree with Mr Pilic and his statement: "The cause for piracy around the Horn of Africa is certainly the failed state of Somalia". Is there really one single reason for the problem (and wouldn’t that mean the solution is very simple: stabilize Somalia)? As the article points out, several problems need to be faced when the International Community wants to intervene or stop the attacks.

For one reason, the case of Somalia is important: The question is, if there where less attacks on ships and persons also, when Somalia and the whole region would be more consolidated. It is no new idea that prosperity and stability are favourable conditions to contain criminality. Therefore, the International Community needs to address the emerging chaos and instability in East Africa. I really wonder why nothing has happened when a lot of groups started fighting and killing and robbing years ago. The country/region seems not that important to globalization or other interests and because of this “we” (the UN, EU or simply “the West”) are not willing to help or to negotiate the escalating situation. Now that trading routes and Western property are in danger, everyone tries to defend “our economy”. The case of East Africa is one the harshest cases of hypocrisy of the “Western world”.

Alright then, let’s talk about other possibilities than weapons and guide by navy ships. Do not just come up with the simple reason of “Somalia is the problem”. Think about, how “the West” can help the people and stimulate them to help themselves. Still, some ships full of food and medicine do not stabilize the region. Other approaches are needed. Until then, maybe force is the answer, but in the long term, the deeper matter is prosperity and economic consolidation.

Have in mind, that piracy is business and the men or kids who capture ships and kidnap people are badly paid and maybe forced to do it by Mafia-like Warlords in the region who came to power also because of the hard and hopeless situation in which the population is trapped.
 
Juliette  Dixon

April 16, 2009

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The good news is the international community and above all the UN has recognized piracy in the Aden Gulf as major issue to address. The Security Council has confirmed in several resolutions (1846, 1814,1816) its commitment to support any initiatives fighting this ever growing threat.
This combined to the daily hijacks and attacks on ships regardless of the nature of the shipping or the nationality of the ships has brought this topic to the front of the international media scene.
Piracy is finally set on the political international agenda.

Yet the question of how to deal with it remains, as you all very acutely highlighted.
The international response so far has consisted in a patchwork of punctual national initiatives (India, the USA sent naval taskforces including China which had not led any important naval operation so far from its own coast since the XVth century- Le Figaro- 26.12.2008 ) and other more or less coordinated, yet resonant taskforces through NATO or the EU.
In spite of all these efforts to ensure this major shipping route, we reach some kind of dead end. 1% of the ships going through this path have been touched in 2008 (even if we have to remain the most careful with these numbers, piracy is indeed very difficult to assess). We cannot imagine having a military escort for each and every ship. So even if military naval forces can be increased, their scope and impact will not be sufficient enough.
As opposed to what to been said in the poll, I do no think, personally, that most of the answer lies in increasing naval troops for three reasons : (1) this is short term action, (2) punctual for most of the taskforces and(3) residual as far as the efficiency is concerned.
Ensuring maritime security will not yet be achieved task for obvious reasons : soft international law regarding high waters, the vaste size of the area to cover. Stopping pirates by preventing hijacks (before), arresting the pirates (during) and prosecuting them (after) are indeed still very difficult tasks.
Contrary to territorial security which might be a way to escape from that dead end. . I must confess, bearing in mind the political situation on the Somali territory, this suggestion may sound eerie. Yet focusing on territorial security perspectives to address a maritime-centered issue might surprisingly enough be a good alternative for the following reasons :
- Pirates are mainly fishermen and live on the Somali coast. After any hijack they have to go back to their homes or at least to the coast at some point. Arresting them on the ground rather than on the sea is physically and jurisdictionally easier to achieve.

- As far as the Somali sovereignty is concerned, the newly elected Somali President Sharif Ahmed has reaffirmed several times his willing to authorize these arrests on the national territory. Prior leader of the Islamic Courts, his commitment towards a sustainable partnership with the international community to address the piracy issue is seen as a good news for achieving sustainable policies on the Somali soil.

- As Ken Berg and Patrick Edwin Moran said, long term thinking requires to set up at some point an authority in this lawless nation. State building programs should lead the way. Mogadishu being the only place where a hint of state authority can be observed, the help of the international community should focus on widening progressively the scope of this controlled area by helping out the local authorities to train police taskforces and customs.

Why has this solution been so little discussed so far ( as well as in the poll published)?
The trauma of the humanitarian intervention in 1990s prevented anyone to think of any territorial solution. Who should then intervene ( in the meaning of providing human resources to train police and custom forces, and widening the “secure and state controlled area )?
No US-led force, for obvious reason.
No neighbouring country : Ethiopia is still considered as an invading power working on the behalf of the US, nor Kenya, which has too many refugee issues, and as far as Eritrea, Djibouti are concerned, they are not able to handle such support.

In order to consider any intervention on the Somali soil, the UN has to stay in charge but has to act through African actors : giving a mandate to the African Union, may be a good pretty-middle solution, to my mind.

 
Patrick  Edwin Moran

April 16, 2009

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I agree with Ms. Dixon. The political problem is how to get needed nation building done. In flat terrain, flood waters go everywhere. In a flat world, trouble can spread everywhere. Ironically the pirates do the world a favor by sharpening the attention of governments at the point of one currently small lawless region. Can the governments that still function well learn how to rehabilitate areas that have fallen into anarchy? It would be well to start small while the well-functioning polities still have that option.
Tags: | grand strategy |
 
Florian  Kuhne

April 16, 2009

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Thank you for your analysis Ms. Dixon. You made some very good points. But again, the real problem gets clearer with any deeper insight: The International Community has not done enough to preserve the East African region from "failing". The same with Zimbabwe (Why is noone taking action, showing that old man his place???). Why do international mechanisms do not start until its almost too late? As a world which sees itself as a cross-linked and globalized community, the ones better off have to help the less developed and/or seemingly "failing" societies. Now the threat is emergent, wild speculations on how to deal with the problem come up. But in my opinion, the lack of interest of the International Community was and is part of the crises.
 
Natalie Catherine Chwalisz

April 17, 2009

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@ Patrick Edwin Moran

Great submission! Very interesting idea that increased intelligence service may aid in the prevention of attacks.

For your short term solutions, you suggested camouflaged armed guards. How would they work? Will they use preventative violence? There has been a reluctance to use violence, in fear of leading to a more brutal piracy. At the same time, critics are saying that the US recent action might only move the burden on ships from the developing world, that don’t have the financial means and political capital to enjoy the protection of trained marines. How would you counter this concern?

We from the editorial team are all enjoying the debate, and are looking forward to draft a memo out of your suggestions!

 
Natalie Catherine Chwalisz

April 17, 2009

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@ Juliette Dixon

Great submission with really interesting policy recommendations. We especially enjoyed the recommendation to increase Somalia’s law enforcement capabilities.

A few questions, can you just clarify what you meant with the phrase (2) punctual for most of the taskforces?

Furthermore, you mention that the maritime law regarding international waters is too soft. How is that so, and how could this be remedied?

Moreover, your idea to engage in some kind of state building effort to increase Somalia’s sovereign ability to address the problem is highly interesting. Maybe you could expand on these suggestions. Who could be a partner in training? You mentioned the African Union, critics would counter that it has a track record at being very hesitant in addressing divisive issues, and they may lack the resources to provide such training. Also, is the newly elected government strong enough to police the coastal area?

It’s excellent that you are so specific about providing human resources to train police and custom forces, and widening the “secure and state controlled area.” It sounded like you were applying the model being tried in Iraq and Afghanistan to Somalia. A very interesting idea, well worth to be expanded.


Again, we, the editorial team, are greatly enjoying the lively debate, highly appreciate that you invest your time in such quality engagement, and look forward to drafting a memo based on your strong and inventive policy recommendation.


 
Unregistered User

April 17, 2009

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Following the discussion over the last couple of days, it can be concluded that most contributors consider Somalia's lack of a functional government/law-enforcement as a very important cause for the problem of piracy the international community is facing in this region.

Piracy could be lucrative in many regions of the world and the coast off Somalia is not the only place where it occurs. I remember that the waters around the Singapore Strait were also a hot-spot for pirate attacks a while ago, but apparently there the problem is under control due to the willingness of the neighbouring states to engage with their law enforcement agencies.

The fact that the pirates operate out of Somalia's vast coastline without having to fear prosecution by police underlines the necessity of state-building efforts in Somalia, which -as has been pointed out several times here- was denied attention by the international community for a long time.

I am not expecting to see an effort of state-building on Somali territory comparable to what happened in Kosovo, Iraq or Afghanistan. Somalia is way to unstable internally to find volunteers for that kind of operation and above that, apart from safe shipping routes there are no economical interests in the game.

Closing holes in maritime laws is a step in the right direction but who will be able to execute it? Since we already have NATO patrolling this area I would support a task-force against piracy operating from Djibouti. This would bring back some of the attention needed to solve Somalia's long term problems.







 
Unregistered User

April 17, 2009

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1. Each ship should have at least one extremely powerful speedboat available to the crew, such that they can leave their ship and outrun their would-be kidnappers.
2. Each ship should be fitted with security systems that can be operated remotely, e.g. by cell phone or satellite radio signals. Such systems would include automatic hatch locks that would quickly close all compartments - even those with people inside, a system to release a disabling gas throughout the ship, a system to disable the main engines and/or critical navigation equipment, and a system to emit an ear-piercing shriek - that is, a sound that would shatter eardrums. These systems would enable ships to be recaptured with minimal use of violence.
3. All legal vessels should be forced to carry transponders that emit a signal which is unique for each voyage, and given to them at the port of departure. Vessels that do not emit an acceptable code to a satellite or interrogating device fitted to naval vessels or aircraft, should be deemed unacceptable in international waters and forced to return to their national territorial waters. Non-compliant vessels that try to run the gauntlet should be detained by force.
 
Marie-Claude  Corneauster

April 18, 2009

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A french commandant who is responsible for the anti-piracy operations in Indian Ocean, just said that somalian piracy is no more a local piracy for surviving since one year and a half, but that it has now become a mafia organisation, with large money supports from rogue states. Ransoming the ships has become a much lucrative business than drugs traffic, plus the money serves to buy arms to the people that need government arnarchy in this country, to carry on the smart business,and set the AQ fondamentalist regime.

We just have to consider that these pirats are "criminals" to decide how to handle the piracy problems, weither in arming the ships, blocate the Somalian harbours, chasing the pirats on their ground... something has to be undertaken...

It's no rewarding to bring lots of food to Somalians in such a situation, the local lords manage to traffic them., the poors remain poors and hungry, while the pirats and their clientele can buy big japanese 4x4, build houses and or stores, funny how the local cars sellers get richer each time pirats bring their ransom.

In the meanwhile fighting piracy without occupying Somalia will just make delaying the problems, and piracy will restart as soon we remove our attention.

"The Puntland Government policy is strongly against ransom payment practices. However, the Government acknowledges that poverty, unemployment and protracted civil war in Somalia breeds and fuels organized piracy and the Government recognizes that the problem demands a comprehensive approach."

http://www.garoweonline.com/artman2/publish/Press_Releases_32/Somal...

Somalia: Islamist rebel leaders hail pirate attacks

http://www.garoweonline.com/artman2/publish/Somalia_27/Somalia_Isla...

30 big pics :

http://www.boston.com/bigpicture/2009/03/pirates_of_somalia.html

 
Marion  Fadili

April 18, 2009

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If the international community wants to tackle efficiently the issue of piracy in the Aden Gulf it will have to find new sources of revenue for the inhabitants of Somalia.
Most of the Somali people living by the costs used to rely on fishing as their main income. However since a decade there is a developing phenomenon of hazardous material illegal dumping off the costs of Somalia. During the Somali civil war, hazardous wastes were dumped in the seas, especially by European firms. A parliamentary commission has been established. The final report (produced in 2000) said the so-called "Eco-Mafia” run companies dealing with 35 million tons of waste a year. According to reports by the UNEP, the waste has resulted in higher cases of respiratory infections and unusual skin infections among many inhabitants - diseases consistent with radiation sickness. The problem was particularly highlighted in the wake of the 2004 Indian Ocean tsunami when broken hazardous waste containers washed up on Somali shores.
The negative long-term impacts are expecting to be huge particularly pollution of the groundwater and fish resources, which will inevitably affect the overall public health and the entire socio-economy of the country.
Yet this phenomenon does not only have consequences on health and environment but also on the fact that inhabitants cannot rely on fishing for a living anymore and then might turn more and more to piracy.

Thus if the international community wants to prevent piracy it will also have to protect Somalia’s resources, by preventing hazardous dumping in the seas affecting both food supplies and environment, by implementing proper measures and building on the polluter pays principle; established by 1996 “Protocol to the Prevention of Marine Pollution by Dumping of Wastes and other matter”. Marine pollution and the destruction of fish stocks poses a threat to local economies relying on fishing, thus encouraging criminal actions such as piracy in marine commercial straits. Something needs to be done, by western countries as they are the one polluting but also suffering from piracy...
 
Patrick  Edwin Moran

April 19, 2009

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@ Natalie Catherine Chwalisz

Regarding short term responses, the points you raise against the ones I reviewed are all valid. The priorities in response to pirate attack situations should be (1) to protect crew lives, (2) to protect property, (3) to offer disincentives to pirates. Ideally one could remove crew members from danger. The safer escape modalities are, the more expensive they would likely be. Protecting property would then have to depend on paying the pirates off or removing them from the ship by force. Pirates could threaten to scuttle the ship if any attempt were to be made to board it. For those reasons there will still be pressures to put crew lives at some risk in order to protect property unless rapid response vessels can reach the scene very soon after pirates are first detected.

In the absence of rapid response vessels, the aim should be to deescalate conflict situations, so non-lethal responses such as the use of water cannons to fend off attackers are preferable to initial use of recoilless rifles, light cannons, wire-guided missiles, heavy machine guns or other such weapons to destroy or warn off pirate craft. Non-lethal weapons may be more suitable for use by non-military personnel. They can be coupled with passive defenses to hinder pirates attempting to board ships.

Surrendering to pirates makes one a hostage and may lead to one’s death. Resisting pirates may lead more directly to one’s death. Armed resistance may also lead to an arms race on these trade routes. Perhaps the best response for a single ship would be to meet the threat offered by the approach of pirates with non-lethal means, followed if necessary by a staged retreat behind barbed wire or concertina wire barriers and the like, followed by hiding in a concealed redoubt, and ending perhaps with flight from the besieged ship by some kind of armored escape vehicle. In the absence of possible intervention by rapid response vehicles, the intermediate steps could be reduced to giving the crew enough time to make their escape.
 
Patrick  Edwin Moran

April 19, 2009

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@Ken Berg, Alexander Josef Pilic, Caora Dubh, Marie-Claude Corneauster

I agree that some response to the pirates must be made on the water. The pirates cannot currently be kept on land, and it only becomes apparent which people are pirates when they put aside their fishing equipment and take up guns. It would be better to meet pirate vessels with fast response vessels crewed by individuals with police or military training. Their primary objective should be to prevent the pirates from boarding commercial ships. Currently, conventional craft with speeds up to 80 km/hour are not uncommon. Ships using hydrofoils and ground effect propulsion systems can double that speed. The coastline along Somalia is less that 5000 km. So in rough figures, 30 rapid response vessels could bring a substantial amount of support to shipping, even if all vessels continue to move on individual courses and times. If shipping were restricted to designated lanes, then all “patrol and protect” efforts could be confined thereto, and fishing and other small vessels could be warned that intruding into those lanes would be treated as potentially hostile action.

Commercial shipping and insurance companies ought to be willing to contribute to the costs of such an operation, but they could not very easily organize such a coast guard by themselves. Destroyers of the several interested nations might patrol these waters, but smaller and faster vessels would probably perform more efficiently under the current circumstances.

If the observations, radar reports, etc. of all vessels in the region were networked using software analogous to that being developed for “lane free” commercial air transportation in the U.S., then it would become easier to determine which small ships were merely out fishing and which ships were threats to shipping. Pirate attacks would be much easier to deal with before they have actually boarded a tanker or other vessel, so early detection would be highly desirable.



 
Juliette  Dixon

April 20, 2009

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@ Natalie Catherine Chwalisz


Thank you for your comments, I knew while writting that I would have to get some points clearer. I will try my best to express some points :

> Can you just clarify what you meant with the phrase (2) « punctual for most of the taskforces »?

What I meant by « punctual » is rather « limited » , « temporary ». Most of the taskforces are sent on a temporary basis to face a permanent and ever growing issue.
The Security Council resolutions 1816 and 1846 illustrate very well that temporary limitation : the first mandates any taskforce fighting piracy to enter the territorial waters for a period of 6 months. The second one extends this mandate to another year. In spite of the size of that international cooperation, it remains a « plug holes » policy, because it is the sum of regional (Atalanta, NATO) or national initiatives (Russia, Israel, India, etc)b rought together, but not meant to fight piracy on the long term.


➢ Furthermore, you mention that the maritime law regarding international waters is too soft. How is that so, and how could this be remedied?

Regarding high waters, the law of sea as expressed in the Montego Bay agreement of 1982, is in effect, that is international law. As opposed to territorial waters, where only national law is in effect.
The Montego Bay defines what an act of piracy is (articles 101 and 105) and on what conditions, the pirate ships should be seized ( article 107) in high waters. But what if these acts occur along or inside the territorial waters ? Well, even this problem has been solved by the resolutions voted by the Security Council mentionned previously, which allow States ( article 7-a and b ) for Somalia ;

« That for a period of six months from the date of this resolution, States cooperating with the TFG in the fight against piracy and armed robbery at sea off the coast of Somalia, for which advance notification has been provided by the TFG to the Secretary General, may ».


Yet again what happens when pirates attack along the Yemenite, Kenyan or any other neighboring coastlines ? National law comes again in effect.

Moreover the IMO defines more precisely acts of piracy ( investigation and delays) in resolution 922 from the 29/11/2001) and the Convention for the Supression of Unlawful Acts Against the Safety of Maritime Navigation of 1988 widens the jurisdiction to any ship ( so not only the ones attached to states as preivously)

Stopping the pirates is consequently not a legal problem. It mostly depends on the national will. Prosecuting them is the real obstacle because according to classical international law, because it deals with criminal matter and refers therefore to national law. Stating which country will be incharge of the prosecution depends on :
- For the attacked ship, the nationality of the shipowner, the cargo, the crew, the passangers and the house flag
- For the pirate ship, the nationality of the ship and the crew.

This myriad of conditions makes it utterly difficult to define which national jurisdcitions will take care of the pirates, if they do ( because, they are not obliged to ).

Contrary to Alexander Pilic said , It seems that legal means do exist (either national or itnternational. The biggest problem remains when arresting the pirates, and espacially prosecuting them,that is the practise of law, which explains the adjective « soft » I used previously. In spite of the recent efforts to prosecute some of them, the lack of coordination of every national laws alllows most pirates to escape from justice. So I would say as for solutions that there is here a strong need for uniformisation when taking pirates to court ( as opposed to harmonisation, when stopping pirates). Why not create an international court for acts of piracy ? And that could be easier to implement than we coulf first think :

- the ICC is an already existing good model of an efficient international court. The biggest efforts implementing it by overcoming national hesitations are behind us.

- the scope of this court could be limited to the exclusive prosecution of crimes of piracy. This would make it efficient, fast and above all easy to implement as the whole international community seems to have reached a consensus on the importance of that issue, few States will be reluctant to sign and ratify the convention.

- this would be the perfect opportunity to break through the patchy international response we have known so far. To answer such a global issue, we have to bring a global answer and not the sole addition of national initiatives( as witnessed in the combined taskforces).


> Suggestions on nation building projects in Somalia. Who could be a partner in training? You mentioned the African Union, critics would counter that it has a track record at being very hesitant in addressing divisive issues, and they may lack the resources to provide such training.

To my mind, knowledge-sharing should be at the core of the nation building projects. In order to bring sustainable police and custom forces on the Somali territory, there is need for skilled human ressources and need for finance. The question of who should contribute or be incharge is indeed a very good question.

If no American or neighbouring counrties should be involved, the African Union is on my opinion a good partner to provide human ressources.
- because it is African, the Somali would look at it as a friendlier initiative(as opposed to the interventions of 1991 and 2006 both American monitored).
- the Organisation of Africa Unity turning into the African Union in 2002 is definitely getting more political and wants to endorse a new role on the international scene. This effort should be taken into account by giving a mandate to the AU like with the successful peace operation taskforce AMISOM. This shows the AU could send police and custom training forces instead of soldiers.
South Africa and/or Lybia could provide these human sources, as they respectively are secure countries and Somalia has no particular diplomactic reluctance to see them on the national teritory ( contrary to Kenya, Ethiopia)

As for finances, the Ligue of Arab States would be a good partner :
- Loads of acts of piracy occur along the Middle East coast (Yemen and Saoudi Arabia)
- Somalia could rely on the arabic solidarity, being a member of the LAS.
- Not taking into account the LAS would be a mistake and offense, while asking hte LAS to provide human support or any strong involvemnt is not realistic bearingin mind the strong divisions,
That is why financial support looks like a good compromise and make moreover the AU and the LAS cooperate.

> Also, is the newly elected government strong enough to police the coastal area?

This is of course a good point. The newly elected government is today virtually unable to police the coastal area.
The only remnant of security is in the Mogadishu capital city, and yet limited. But this should be our starting point, to widen this « controlled area » little by little by
1 – ensuring the sustainablity of the security of this zone. The mistakes which have been made in Irak and Afgahistan according to me, is that all the forces spread over these terrirotires tried to set up secure zones at the same time on the whole territory, instead of focusing on one area. Once troops lost control over some of these areas, the whole process was undercut.

2- enlarging progressively the scope of this security line.
So the idea would be to start from Mogadishu and go up along the coastline. I daresay, this very much sounds like a Maginot Line. But the beach and close litoral areas are a real interface, pirates cannot escape the beach : to go and hijack firstly and come back with their gains secondly. Moreover, stopping a criminal on the ground is luch easier physically and juridictionally.

Nation buidling is a long and difficult assignement, and the responsabilty of the international community as Florian Kuhne very much empahasized is a sine qua non condition of the success of any initiative.

 
Unregistered User

April 22, 2009

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Ending piracy will first require the harmonization of international laws to the effect that any naval vessel authorized to patrol the Gulf of Aden and defend international commercial shipping, has the legal right and duty to kill or physically detain any and all pirates they may happen to encounter. Merchant vessels sailing the Gulf of Aden must carry a detatchment of the military force of the flag it sails under, or failing that, that of an ally. These ships are also to be armed with 20mm gatling guns as well as the regular weapons of the armed detachment sailing on board. The military personnel on board are permitted the use of lethal force as part of their rules of engagement. Onshore facilities of pirates such as ports are to be attacked and destroyed by navies authorized to defend civilian shipping in the Gulf of Aden. These measures taken together will bring the pirates to an unsustainable status whereby they will be unable to continue their crimes.
 
Natalie Catherine Chwalisz

April 22, 2009

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Dear Readers,

We very much enjoyed reading your lively, timely and scholarly debate. There are several themes that we have been able to identify, and great suggestions how to tackle the risk of attacks and how to approach the root causes of the problem that we will include in our transatlantic memo, to be finalized next week.

In the meantime, the conflict is getting increasingly complex. Last week, the German Tageszeitung reported that two out four recognizable Piracy groups have started building loose ties with the Al Qaida network, though a coordinated cooperation has not yet been established. Al Qaida has officially come out in support of the pirates’ efforts. Nevertheless, it is important to remain careful in lumping the two organizations together, since it risks creating a “West against the Rest” dynamic in a conflict that is affecting both developing nations and developed nations gravely.

We are excited to be able to communicate your timely policy recommendations in a memo to decision makers and are looking forward to reading more comments.

Best
Editorial Team.

 
Juliette  Dixon

April 22, 2009

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Arming commercial vessels, is today illegal,(1) because, we live in a world ruled by law, where miliatry forces, police and customs are submited to the legislator, that is we, collectively. ( theoritical argument). On a more pragmatic field, (2) turning the sea into a battlefield means a war zone, that is less security. Let us not forget that border security, and maritime safety are our final goals.

« A harmonization of law » is strongly needed as David Berridge rightly highlighted is what we need.

We have to stop pirates and above all judge them, that is what the international community, founded on the true basis of law, is entitled to do. The respect and efficiency of law depend on having reliable states at the UN table. Somalia is not, that is why nation building must be at the core of the solutions to fight piracy.
All the warships, naval vessels or arming commerical ships will be vain if we do not focus on the root of the problem : the lack of teritorial authority.

Arming commercial vessels is going to be more and more popular among the international community in a very near future when the link with Al Qaeda will be clearly identitfied. Yet
military response to a terrorist threat, that is led by non state actors and without any battlefront is unrelevant. « Declaring war on piracy » will turn the whole Aden Gulf into a bloodbath because tensions will reach a a higher level.

We can already see the consequences of such a major move with France :
Since the successful retrieval of the Ponant (the 7th of april)by the French elite military unit (the GIGN), the French President Nicolas Sarkozy declared that the armee would systematically retaliate when such pirate hijacks are operated against French civil or commercial ships as opposed to neogociation before, which used to be the main spring of pirate assaults :convert hostages into cash. Surpringly enough this warning from the French authority is not going to deter pirates desperate for money. Human beings are marchandises. It will only increase the pressure, and turn most operations in bloodbath such as witnessed with the « Tanit » ship( 11th of april), both pirates and hostages were killed.

This discourse cannot either deter pirates or stop them. The only result is to intensify tensions leading to more violence.

Again let’s focus on the real roots of piracy and put all our efforts in (1) nation building (long term) and (2) strengthening and harmonizing the already existing legal tools,.

 
Patrick  Edwin Moran

April 24, 2009

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Governments function only as well as the general society upon which they operate. Getting a long-range solution for piracy may well require rebuilding the societies that decades and centuries of colonialism and other negative factors have degraded. Nations could be rebuilt after World War II because it was mostly infrastructure that had been destroyed. Their societies and cultures were still intact. Moreover, they were generally little divided by ethnicities, religions, languages, etc.

Ethnic identities and religious differences in Somalia are more salient in daily life than allegiance to a common nationality. When several such factions interact in the same space, control can be exerted by (a) one faction that suppresses the rest, (b) a coalition of factions that supresses the rest, or (c) another participant that mediates among all the factions but is not the tool of any of them. Alternative (c) is the one that offers the most hope for a responsive government, long-term stability, and the elimination of havens for pirates. But there is no clear path for getting such a responsive government.

Building up the eu-functionality of the basic units of society would provide the only stable foundation for a nation. If a responsive government should somehow emerge it would naturally play a major part in furtherance of stability. In its absence, what are the possibilities for nurturing the several communities and drawing them into a greater community that is respectful of the interests of all?

Some help may come from concerned professionals: sociologists, anthropologists, students of religion, etc. Perhaps there are people who have spent large parts of their lives living in Somalia and might be able to save world leaders from making false assumptions -- or even offer some useful suggestions of their own.

There will be tension between the quest for long-term solutions and the demand that something be done immediately to stop pirate threats. Defensive responses to force should be designed so as not to escalate hostilities. Ideally there would be only passive defenses on board ships.

In the background are global warming, environmental deterioration, population increases, etc. that only make things worse as more time passes. Price tags only grow.
 
Patrick  Edwin Moran

April 25, 2009

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@ David Berridge

The psychology of aggressive people is sometimes to become more aggressive toward those who oppose them. The crew members on a ship supported by an on board contingent might be treated much more severely by pirates if there were hostilities. The crew members would risk having the ship sunk under them and would risk being caught in fire directed by pirates against armed defenders. If the pirates dispatched armed defenders they might polish off all the witnesses too.

If the crew members were on board a commercial vessel and the defenders were on a military patrol boat, then the pirates might be more likely to leave crew members alone even if they managed to kill the armed defenders.

A third factor would come into operation if commercial crew members disagreed with on board military forces about how to respond to pirates. Trained military contingents are more disciplined both in regard to following established strategies and regulations for dealing with attacks and also in avoiding vindictive over-reactions to challenges.

Most people probably would not want to escalate to a situation in which pirates would go directly to the threat of sinking a ship by use of high explosives or military weapons.

 
Marie-Claude  Corneauster

April 25, 2009

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another perspective, quit interesting how people on the other sides view the problemp

http://www.asiantribune.com/?q=node/16190
 
Patrick  Edwin Moran

April 26, 2009

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Off topic but relevant:

The analysis published by the Asian Tribune. an arm of the "World Institute for Asian Studies," is interesting indeed. The strongly contrasting points of view, and the widely differing motivations of groups with interests in the troubled areas of the world, are highlighted in this article.

Someone living in one of these areas and having a sincere desire to achieve the best for the members of his or her community would surely have difficulty in laying out any course of action based on what is available from various presumably well educated and caring specialists.

A discussion on piracy is obviously not the right place to discuss these matters, but they need to be discussed somewhere. If one wants an education on how to make war, one may go to highly regarded students of the question from those in the ancient past to those in the schools of the present. If one wants an education on how to make peace there are discussions available that detail the desired outcomes that might be parts of a viable peace and/or a good polity for any nation. But one would probably have to structure a course of study for oneself.

Dag Hammarskjold envisioned a United Nations that would not be the instrument of any one of its member nations, and a Secretary General who would serve mankind rather than his or her own nation or coalition. Such a UN, or such a Secretariat, might have organized a "UN Peace College," and a body of knowledge might have emerged that could guide leaders of integrity who would seek the best for their own citizens and cooperation with other nations. Some scholars have already emerged who seek to play this kind of role, but they do not work in close cooperation.

If a hero should emerge in Somalia, to whom would he or she turn for technical guidance and political wisdom?
 
Unregistered User

July 22, 2009

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That is credible, I agree with Patrick
In the background are global warming, environmental deterioration, population increases, etc. that only make things worse as more time passes. Price tags only grow.
Learn how a credit cards works, how you can get rid of that high interest balance.
Tags: | Somali piracy |
 
Iskren Mladenov Marinov

July 23, 2009

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Any short term measure can have only short term effect. Any military interventionist measure against piracy, too. Atalanta may be able to decrease the number of hijacks, but it can never have the power to eradicate the threat, because of two reasons:
-pirates are similar to guerrillas- there is no central leader, no army, no command center. NAVFOR can stop 100 but in a year 1000 more will appear.
-Atalanta or any other international action near the Somali coast is not directed to the real cause for piracy- Poverty and famine.

That's why the international community is underestimating the issue or just not trying to face it.
The real change will happen when the roots for the problem is being challenged:
Decreasing the levels of poverty in Somalia will eventually cut pirates' motives for doing such dangerous for their lives activities.

Somalians, engaging in piracy are not born pirates, neither their parents are, nor they are trained to be. They are just some poor people, who have lost every chance of income and have no other opportunity to feed themselves or their children. In this case, the line from being a righteous fisherman to get involved in criminal acts is quite thin.

This is why the real positive, long- term action is to make the grassroot Somali man not grab the gun. This can be only done with a great effort from the international community in the field of aid and economic development of this country.

The light in the end of the tunnel comes from entities such as the EU. Since the 70's the Lome, Yaonde and the Cotonou agreement has given preferences in the trade relations, between the EU and the African countries. However, the last round of trade agreements- the EPA's has somehow left behind countries such as Somalia and Ethiopia. What could be the rationale? Most of the aid for trade discourse has its internal drive from the level of development. Most of the financial help goes to countries with a) certain quantity of natural resources; b)ability to reach all. most, or some of the MDG until 2015. However, as Somalia lacks both and the money flows has not yet leaked, its path to at least some extent to economic development are put under a serious doubt. In the end of the day it's all about tit for tat. Basically, the EU, for example is not interested in Somalia, would not face the real problem and will keep on chasing hungry people with guns. On the other hand the pirates will continue multiplying, being sure that a 10- ship fleet would not stop them.

Finally, a strategy of facing the effect would not be effective. You need to face the cause. Teaching a hungry man to catch the fish and giving him the resources and the conditions, can most strongly persuade him to abandon the gun.



 
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September 12, 2009

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