COLUMN
GOVERNMENT UPDATE
Ratcheting Down the Risk of Piracy
In light of two recent piratical attacks on U.S.-flag merchant vessels in waters of the Indian Ocean off Somalia, and continuing attacks on merchant vessels there and in other waters worldwide, the US Coast Guard, on May 11, 2009, issued a revised version of its Maritime Security Directive 104-6. The directive provides US-flag vessels with specific, risk-based measures to take in order to reduce the risk of piracy. The directive as a whole is classified as Sensitive Security Information (SSI), so it will not be publicly released. Many of the measures addressed in the directive, though, are derived from common sense and industry-wide best management practices. Congress has gotten involved. The Senate held three hearings on piracy in early May. There have been two hearings in the House. The most recent, held on May 20 by the Subcommittee on Coast Guard and Maritime Transportation of the House Committee on Transportation and Infrastructure, was the most dramatic, with the Chairman, Representative Elijah E. Cummings (D-MD), warning the Department of Defense and the Coast Guard of the need to act swiftly and threatening to introduce legislation mandating placement of military guards on US-flag vessels transiting high-risk waters if those services did not come up with a satisfactory approach to better protect US merchant vessels. While the maritime industry has been concerned about the threat of piracy and armed robbery against ships for over ten years, the issue only gained political traction recently. Piracy in waters of the Malacca Straits was largely ignored, as was armed robbery in waters off Nigeria and South America. Even the rise of piracy off Somalia was initially swept under the carpet. Four events changed the public and particularly the political landscape: 1. The seizure of the Ukrainian freighter Faina on September 25, 2008 off the coast of Somalia while carrying a cargo of surplus Russian tanks and other weapons for discharge in Mombasa, Kenya; 2. The seizure of the very large crude carrier Sirius Star on November 17, 2008 off the Seychelles Islands carrying a cargo of 2 million barrels of crude oil; 3. The attempted seizure of the US-flag container ship Maersk Alabama off the coast of Somalia on April 8; and
24 Members of a visit, board, search and seizure (VBSS) team from the guidedmissile cruiser USS Gettysburg (CG 64) and U.S. Coast Guard Tactical Law Enforcement Team South Detachment 409 in mid-May capture suspected pirates after responding to a merchant vessel distress signal while operating in the Combined Maritime Forces (CMF) area of responsibility as part of Combined Task Force (CTF) 151. (U.S. Navy photo by Mass Communication Specialist 1st Class Eric L. Beauregard/Released)
4. The unsuccessful attack on the US-flag cargo ship Liberty Sun by pirates off the coast of Somalia on April 14. Reports indicate the ransoms of $3.2 million and $3 million respectively were paid for release of the Faina and Sirius Star respectively. The circumstances surrounding the Maersk Alabama, the hostage-taking involving its master Richard Phillips, and the deaths of three of the four pirates are too well-known to require repeating here. The Liberty Sun incident was caught on video.
Naval patrols
will tell how successful these measures will be in actually suppressing piracy. More assets and greatly increased cooperation between the various naval forces are vital.
The rule of law
Governments worldwide resisted implementation of counter-piracy naval patrols, which have not been used since the early 1800's. As a result of the recent uptick in piratical attacks, though, there has been a dramatic change. Warships from various nations (with helicopters and patrol aircraft) are finally patrolling off the coast of Somalia and in the Gulf of Aden. International cooperation in counter-piracy measures is increasing. Attempts to bolster the government of Somalia have commenced. Negotiations with neighboring countries (primarily Kenya) are developing venues where suspected pirates may be brought to trial. Attempts are even being made to freeze pirate assets. I guess this means that their ATM cards will no longer work. The maritime industry had been pressing for measures such as these for some time. It took some high-visibility seizures and attempted seizures to capture the attention of the mass media, the public, and the politicians. Only time
A significant gap in the counter-piracy effort continues to be prosecution. Individuals, particularly if poor and disenfranchised, will continue to engage in piracy so long as it is profitable and has few consequences. Piracy off the Horn of Africa has clearly been profitable, with hundreds of millions of dollars having been paid in ransom over the past few years. This year, approximately a dozen suspected pirates have been killed in conflicts with various naval patrols in the area. This seems to have been seen by the pirates as just another cost of doing business � at least so far. The missing element is the rule of law. Piracy is an international crime. In fact, it was the first internationally-recognized crime. There have been several practical problems though. Piracy has been off the agenda for so long that many nations do not have statutes directly addressing the crime. Some nations have narrowly defined the crime so that it only applies to piratical attacks against ships flying their flag. Other nations just don't want to be bothered with all of the difficulties involved with bringing the suspects to court thousands of miles from the scene of the attack and then marshalling all the witnesses and evidence that would be required to conduct a trial. Several nations have even offered the lame excuse that, if
a suspect was brought to justice in a distant nation, the pirate upon eventual release from jail would claim asylum, asserting that he would be subjected to inhumane treatment if returned to Somalia. No one ever said that fighting piracy would be easy, but it is one of the obligations of nationhood. Each country has a duty to bring its criminal statutes and judicial procedures up to date to effectively address this international crime. It will only get worse if ignored.
Self defense and risk reduction
The maritime industry has been lax, though, in particular regards. For the most part, it has failed to adopt prudent self-defense measures. While I do not advocate the carriage or use of lethal weapons on commercial vessels, there are a variety of other options. First, the use of lookouts must be increased. There is no reason that pirates should be able to board a ship undetected in high-risk waters such as the Gulf of Aden. If this requires the ship to carry more than the usual number of crew, so be it. Second, the ship should transit the high-risk area at the highest reasonable speed. Third, the ship should check in with the naval forces in the area. They can't protect you if they don't know that you are in the area. Fourth, the ship should, to the extent possible, operate within the designated corridors. Fifth, the ship should participate in an organized convoy, if possible. Sixth, the crew should conduct regular counter-piracy drills and an extra drill should be conducted just prior to the ship entering high-risk waters. Seventh, the fire hoses should be laid out on the fantail and kept charged during the transit of high-risk waters.
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