Upcoming Event: “Counter Piracy – Rules for the Use of Force” Conference in London, UK

The international conference “Counter Piracy – Rules for the Use of Force” will take place in London, UK on 8 February 2013. The event aims to bring together various stakeholders in the anti-piracy field, including maritime lawyers, flag States, ship-owners and shipping  associations, insurance companies and P&I Clubs as well as maritime security companies and other interested parties. The main topic of discussion will be the legal framework relevant to the use of force by privately contracted security personnel in the maritime industry, particularly the status of the so called “100 Series Rules”.

The 100 Series Rules, developed by David Hammond, aim to be an international model standard and example benchmark of best practice for the use of force in the maritime and anti-piracy field for application by privately contracted armed security personnel and private maritime security companies. Further details about the 100 Series Rules can be found at www.100seriesrules.com.

The Report of the International Piracy Ransoms Task Force is Available

The International Piracy  Ransoms Task Force, established at the London Conference on Somalia, issued its final Report on December 2012. The objective of the Task Force, composed of representatives of 14 States, was “to develop a greater understanding of the payment of ransoms in cases of piracy, in order to put forward policy recommendations to the international community as to how to avoid, reduce or prevent the payment of ransoms. The ultimate goal of this effort is to reach a point where pirates are no longer able to profit from ransom payments and thus abandon the practice of kidnapping for ransom.”

The conclusions and recommendations of the Task Force, included in the Report, build upon the following main options to reduce and avoid the risk of ransom payments to pirates:

  • strengthen the co-ordination between Flag States, the private sector and military responders to prepare for potential hostage situations, in order to shorten the decision-making process during the narrow window of opportunity for intervention after a piracy incident;
  • develop a new strategic partnership between Flag States, the private sector and law enforcement agencies that brings together those tackling piracy and those subjected to it in a united effort to break the piracy business model. In particular, this partnership should develop a more co-ordinated approach to information-sharing which would greatly enhance the quality and quantity of information exchange both to reduce ransom payments and to provide evidence to pursue and prosecute all involved in piracy, from those directly attacking ships to the kingpins who direct this organised crime;
  • encourage the implementation of anti-piracy measures, including still greater compliance with industry Best Management Practice, under the leadership of flag states and supported by the private sector, including insurance companies, in whose interests it is to mitigate risks.

Among the main practical recommendations put forward in the Report are the consolidation of various regional information-sharing frameworks to achieve a “one stop shop” mechanism for the diffusion of relevant information in the immediate post-hijack phase; the conduct of ransom negotiations with the knowledge of relevant national and international authorities in order to foster mutual assistance between these and the private sector; and the development of a mechanism maximising the evidence-gathering process immediately after the release of the vessel or its crew for subsequent prosecutions.

In line with the Task Force’s objective, the 15 page-long Report focuses mainly on the establishment of broad policies to improve communication and coordination to prevent hostage and ransom situations in the future. Several of these policies have been already under discussion for long time and by a number of institutions involved in the fight against piracy. Hopefully, the issuing of the Report will provide for a swift implementation of these policies. Regrettably, the Report does not contain an analysis and more practical recommendations directly relevant to actual hostage-taking, vessels’ hijacks and, more particularly, ransom situations. Given the wealth of knowledge and the technical resources available to the Task Force and its member states, as well as other participants from the private sector, it would have been preferable to expand on the Task Force’s mandate to immediately initiate an information sharing and lesson-learned process relevant to these aspects of piracy ransoms.

Weekly Piracy Review: United Nations Involvement

Romanian boarding team brings suspected pirates and their skiff back to the ROS Regele Ferdinand

Wednesday morning (November 21) a Swedish air patrol reported the presence of a suspicious skiff off the coast of Somalia. Romanian and Turkish warships approached the skiff, and the suspected pirates attempted to evade capture for about an hour. The warships were assisted in their pursuit by a Luxembourg helicopter, which easily kept track of the skiff. Finally, the Turkish team was able to search the boat while the nine suspected pirates were detained onboard the Romanian warship. The skiff  had been sighted earlier in known pirate waters, and no fishing supplies were found. Despite the strong suspicion that this was a pirate boat, the EU team determined that there was not sufficient evidence to build a case and prosecute these men, as they were not caught actually committing any crimes. The suspects were released onto a Somali beach on Thursday. After releasing the men EU naval forces sunk the skiff, causing these suspected pirates to lose their fuel, transportation, and ladders; and hopefully ensuring that these pirates will not be able to return to the seas in the near future. Rear Adm. Duncan Potts, the force’s operation commander, stated: “My message to the pirates is clear — we are watching you and we plan to capture you if you put to sea.”

Vietnamese boarding team re-captured hijacked Malaysian chemical tanker; arrested 11 suspected pirates

On November 17, a Malaysian-owned chemical tanker was hijacked in the South China Sea by a group of Indonesian pirates and taken to Vietnamese waters. After the International Maritime Bureau sent out an alert, Vietnamese authorities re-captured the vessel (which had been repainted and reflagged) and arrested the eleven suspected pirates on November 22. The nine crew members who were on board the hijacked tanker were forced into a life raft and released at sea on Wednesday. They were all rescued by local fishermen. This attack, the hijacking of a laden tanker, is said to be the first of its kind in the region in several years.

As previously reported here and here, Indian Ambassador Hardeep Singh Puri holds the UN Security Council presidency this month, and convened the first Security Council debate on the general threat to world peace and security posed by maritime piracy. Puri stated that forty-three Indian citizens are currently being held hostage by pirates, and it is estimated that piracy costs the maritime industry at least $6.6 billion annually for security. U.N. Deputy Secretary-General Jan Eliasson said that countries who are involved in counter-piracy operations need better communication with each other, and called for an agreement on the rules regulating the placement of private armed guards on merchant ships. U.S. Ambassador Susan Rice asserted that no ship carrying armed guards has been successfully hijacked, but the merits are controversial. Russian and Italian private guards have inadvertently fired on and killed fishermen off the coast of Somalia, mistakenly believing they were pirates approaching with the intent to board. French Ambassador Gerard Araud emphasized the greater deterrent effect that government-posted naval patrols have in warding off attacks. He also stressed the fact that about 80% of those arrested on suspicion of piracy are released without facing any prosecution, and that there is a need for a more efficient system of justice. More than twenty different nations have apprehended pirates off the coast of Somalia, and without a system in place to handle those arrested, many have simply been released back to Somalia. Though piracy is down this year, it is widely accepted that there must continue to be a strong focus on counter-piracy measures, or attacks will increase again.

Hardeep Singh Puri, Indian Ambassador to the UN, called for Security Council debate on piracy

The following day, the Security Council renewed authorizations put in place in 2008, which were developed to allow international cooperation in the fight against piracy. The Council emphasized the role Somalia is expected to play in these efforts and requested that the nation pass a complete set of anti-piracy laws. It also called on all member states to fully criminalize acts of piracy and assist Somalia in its implementation of more effective policies to combat the problem. The development of specialized anti-piracy courts in Somalia and other similarly affected states was termed a priority. South Africa’s representative, while agreeing that the adoption of these measures is an important step, emphasized that as a whole the efforts ought to include measures to combat the root causes of piracy in order to stop it before it starts.

The International Maritime Bureau reports that as of November 20, there have been 261 total attacks worldwide and twenty-six hijackings worldwide so far this year. Of those numbers, Somalia accounts for seventy-one incidents and thirteen hijackings, with 212 total hostages. Currently, Somali pirates hold nine vessels and 154 hostages.

Weekly Piracy Review: Land-Based Counter Measures

Three vessels from Russia’s Pacific fleet are en route to replace Russia’s current deployment in the Arabian sea and take over their counter-piracy patrols in the area. This flotilla is the eighth sent from Russia since they joined the international anti-piracy operations three years ago. During this time the Russian Navy has escorted more than 130 commercial and aid ships through the Red Sea and other pirate-infested shipping lanes off Africa.

NATO’s counter-piracy ships in the Indian Ocean are focusing this week on patrolling waters along the shore of Somalia. Teams have employed smaller rigid-hull inflatable boats to approach the skiffs and fishing boats run by Somalis to exchange information with them regarding the continued presence of patrolling warships in the area. This campaign is undertaken with the intent of discouraging would-be pirates from beginning the enterprise at all, before they launch their boats. Though the increased presence of patrol ships and better communication between merchant vessels has made it increasingly difficult for pirate boats to remain unseen at sea for extended periods of time, the hope is that making the naval presence more well-known close to shore will discourage pirates from setting out to sea at all.

Speakers at the Maritime and Coastal Security Africa 2012 conference held in Cape Town last week discussed the variety of factors that have caused a recent drop in the number of pirate attacks carried out this year [from increased presence of warships and patrols to enhanced communication regarding pirate sightings and the placement of armed guards onboard merchant vessels]. Jason Marriott-Watson of the maritime security company ISPS Group asserted that the recent seizure of the Somali port city of Kismayo from al-Shabab militants was a major cause of this decline. Kismayo had been a stronghold for Somali pirates until control was taken from the group, which is linked to al Qaeda. Many of the al-Shabab militants were arrested by the African Union forces who wrested back control, which were led by Kenyan troops.

Worldwide, pirates have killed at least six crew and taken 448 seafarers hostage this year. The IMB reports that 125 vessels were boarded, 24 hijacked and 26 fired upon while there were 58 attempted attacks. These numbers are the lowest reported since 2009, when maritime piracy was at its height. They show the success of the effort undertaken by the international community to put pressure on those committing acts of piracy, but many organizations say the need for vigilance has not decreased and warn against complacency.

Ahead of Security Council Debate, Secretary General Outlines Anti-Piracy Progress

As anticipated by Roger, on 19 November 2012 the UN Security Council is scheduled to hold an open debate on piracy as a threat to international peace and security. The meeting is called under the auspices of India’s current presidency. Earlier this month, the Council already approved the extension of the UN-AU joint military mission in Somalia (AMISOM) until March 2013, in another effort to provide continuity in security and governance to the current state authorities. Yet, the Council failed to reach an agreement on the funding of a maritime component for AMISOM. The Council also received the latest 3-montlhy report of the Sanctions Committee for Somalia. The briefing included an update on requests received by the Committee for exemptions to the on-going arms embargo on Somalia. It appears that calls by the African Union for a partial lifting of the arms embargo to strengthen Somalia’s poorly equipped military were so far unsuccessful.

Nigerian Troops Attached to AMISOM on Patrol in Mogadishu – Press TV

The upcoming debate will review the most recent UN Secretary General efforts to combat piracy in the Gulf of Aden region, contained in his latest report on this matter. The report covers the most important activities relevant to the fight against piracy launched by or in cooperation with the UN following the Council’s Resolution 2020 last year. These include the progress in prosecution, detention and transfer of convicted pirates, the activity of the main UN bodies and of the Contact Group on Piracy Off the Coast of Somalia, naval patrolling and anti-piracy capacity building in the region as well as a number of international conferences. Throughout the year, we have covered these issues here, here and here.

Interestingly, the report takes quite a direct stance on the impact of illegal fishing and illegal dumping toward piracy:

64.  Some observers continue to argue that illegal dumping of toxic waste and illegal fishing off the coast of Somalia is one of the factors responsible for forcing Somali youths to resort to piracy and attack foreign vessels because such activities deprive them from engaging in gainful employment opportunities. However, the United Nations has received little evidence to date to justify such claims. Most pirate attacks have been carried out against large merchant vessels several hundred nautical miles off the coast of Somalia.

65.  As for the dumping of toxic waste on land and at sea, while this may have occurred a few years ago in the waters off the coast of Somalia, there is no evidence of such activities currently. Concerns about the protection of the marine environment and resources should not be allowed to mask the true nature of piracy off the coast of Somalia, which is a transnational criminal enterprise driven primarily by the opportunity for financial gain.

The possibility for a specialized judicial structure solely devoted to investigate and prosecute piracy cases is also still gaining some momentum. The report refers to the initiative by Qatar for the establishment of a “special court for piracy” in the Gulf State (para. 42). As a first step, a delegation from UNODC and the Contact Group on Piracy off the Coast of Somalia visited Qatar last September for detailed discussions with the Qatari authorities. Additional initiatives pertain to a possible direct involvement of the UN in anti-piracy policing activities. The Asian Shipowners’ Forum called for the establishment of a multinational anti-piracy military task force under the auspices of the UN that could be deployed, a sort of UN Peacekeeping Vessel Protection Detachment on board of merchant ships (para. 43). These developments are not ripe for further exploration in the Secretary General report, but they raise fascinating preliminary legal issues. For instance, on the jurisdiction of special criminal fora, rule of law enforcement and the immunity of peacekeepers in connection with the prevention and punishment of universal jurisdiction crimes, that are worth considering for discussion in the near future.

Unused Pirate Skiffs in the Somali Town of Hobyo – AP

The most updated figures show a significant drop of both attempted and successful piracy attacks in the Gulf of Aden and the larger Indian Ocean area, speaking volume of the regional, international, government-lead as well as the private industry’s efforts in combating piracy. With the end of the monsoon season and the possible risk of disengagement by the international community as Somalia continues its current path of democratization, the jury is still out on how effective these efforts have been and what, if any, the pirates’ next move will be. These concerns are addressed in the report, which also recalls the need to add focus on land-based solutions to piracy:

74.  The recent gains made by the international community in its collective fight against piracy off the coast of Somalia are encouraging. However, although there are signs of progress, they can be easily reversed. Until the root causes of piracy, namely, instability, lawlessness and a lack of effective governance in Somalia, are addressed, counter-piracy efforts must not be minimized. In particular, ongoing efforts to build the rule of law and livelihood opportunities ashore should be intensified.

75.  A significant gap still exists in land-based programmes in Somalia to address piracy. This is primarily owing to the lack of security on the ground and lack of sufficient funding to support capacity-building and alternative livelihoods. An ever greater emphasis must now be placed on providing focused assistance to States in the region and to authorities in Somalia to build their capacity to deal with the institutional and operational challenges to governance, the rule of law, maritime law enforcement and security, and economic growth. In addition, counter-piracy actions should run alongside a concerted effort to rebuild the civil structures and institutions of Somalia in close cooperation with the Somali authorities and civil society.

76.  The successful end of the political transition in Somalia should act as a catalyst to address the root causes of piracy. I encourage the new Government to develop a comprehensive national counter-piracy strategy, working closely with the regional administrations and neighbouring States. This should include efforts to facilitate the development of skills necessary to earn sustainable incomes in such sectors as agriculture, livestock, fisheries and industry. I also call upon the Somali authorities to adopt appropriate counter-piracy legislation without further delay to ensure the effective prosecution of individuals suspected of piracy and to facilitate the transfer of prosecuted individuals elsewhere to Somalia. The new Government should proclaim an exclusive economic zone off the Somali coast in accordance with the 1982 United Nations Convention on the Law of the Sea.

77.  Although pirates’ proceeds decreased significantly in 2012 owing to a lower number of executed attacks, militias and parallel illicit activities sponsored by pirate money will continue to pose a threat to the stability and security of Somalia. It is imperative that pressure on Somali pirates and their business model be maintained.

The current lull in piracy activity in Somalia is, however, matched by a growing rise of violent robbery-style pirate attacks in West Africa’s Gulf of Guinea, often connected with other illicit activities of a transmaritime and transnational nature. The Security Council already held an open debate on piracy in West Africa in October 2011. For the first time, the upcoming debate within the Security Council will provide the opportunity for a joint and integrated discussion on piracy in both East and West Africa. Hopefully, it will also be capable to provide for an opportunity to confront these differing realities, identify their root causes and peculiarities and, most importantly, share the relevant lessons learned on the ground so far. We will closely follow the debate and report on its achievements, or failures, as soon as possible.