Download - Maritime Piracy in the 21st Century

MARITIME PIRACY IN THE 21ST CENTURY

13 MAY 2010

MATTHEW GILLIS

MA CANDIDATE, POLITICAL SCIENCE, DALHOUSIE UNIVERSITY

RESEARCH ASSISTANT, CENTRE FOR FOREIGN POLICY STUDIES

[email protected]

OBJECTIVES

1. TO DEFINE CONTEMPORARY MARITIME PIRACY ANDBRIEFLY EXAMINE ITS ORIGINS.

2. TO PROVIDE A BROAD ANALYSIS OF PIRACY IN ANDAROUND SOMALIA, AS WELL OF COUNTER-PIRACYEFFORTS IN THE AREA.

3. TO CONSIDER THE „LESSONS LEARNED‟ FROMANOTHER PIRACY-PRONE REGION AND APPLY THEMTO SOMALIA.

MARITIME PIRACY J.M. GILLIS

IN THE 21ST CENTURY 13 MAY 2010

OUTLINE

1. INTRODUCTION

2. CONTEMPORARY MARITIME PIRACY IN THE GULF OF ADEN

3. COUNTER-PIRACY EFFORTS IN THE GULF OF ADEN

4. STRAIT OF MALACCA – LESSONS LEARNED

5. CONCLUSIONS



1. INTRODUCTION

• MARITIME PIRACY IS NOT A NEW PROBLEM.

• EARLIEST ACTS OF PIRACY FOUND IN ANTIQUITY.

• ENCLAVES OF PRIVATE SEA-FARING RAIDERS. COMMON IN THE ADRIATIC SEA, AEGEAN SEA, ANDCHINA SEAS.

• EARLY ACTS OF PIRACY CONSTITUTED SHOREPARTIES RAIDING COASTAL VILLAGES.



1. INTRODUCTION



Arab pirates sack Byzantine city of Thessalonica , 904 AD.

1. INTRODUCTION

• PIRACY‟S „GOLDEN AGE‟ BETWEEN 17TH AND 18TH

CENTURIES.

• REGULAR MERCHANT TRAFFIC IN CARIBBEAN AND

MEDITERRANEAN COINCIDES WITH RISE OF PIRACY.

• PIRATES IN THE WEST INDIES AND BARBARY COAST

RAID MERCHANT TRAFFIC.

• LARGE-SCALE PIRACY EFFECTIVELY ENDS WITH

FRENCH CONQUEST OF ALGERIA IN 1830.





French ship-of-the-line battling Barbary corsairs.

1. INTRODUCTION

„MODERN‟ PIRACY AS DEFINED IN ARTICLE 101, 1982 UN CONVENTION ON THE LAW OF THE SEA (UNCLOS):

Piracy consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).



1. INTRODUCTION

Piracy consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).



Acts committed for private ends.

Violent crimes or robbery; excludes petty

theft, smuggling, drug trafficking, etc.

Piracy takes place on the

high seas only...?

1. INTRODUCTION

A BETTER DEFINITION, FROM THE ICC‟S INTERNATIONAL

MARITIME BUREAU:

An act of boarding or attempting to board any ship with the apparent intent to commit theft or any other crime and with the apparent intent or capability to use force in the furtherance of that act.



1. INTRODUCTION

CONTEMPORARY PIRACY BY THE NUMBERS:

SOURCE: IMB



1. INTRODUCTION

0

50

100

150

200

250

300

350

400

450

500

2002 2003 2004 2005 2006 2007 2008 2009 2010

World Aggregate

Indonesia

Somalia and Gulf of

Aden

Actual and Attempted Attacks

CONTEMPORARY PIRACY BY THE NUMBERS:

SOURCE: IMB



1. INTRODUCTION

218

46

32

23

29

8

45

Somalia and Gulf of Aden

Rest of Africa

Americas

Far East

Indian Subcontinent

Rest of World

SE Asia

Actual and Attempted Attacks in 2009

SOURCE: CIA WORLD FACTBOOK



2. PIRACY IN THE GULF OF ADEN

• Land boundaries: 2,340 km

• Coastline: 3,025 km

• Climate: principally desert; northeast

monsoon (December to February), moderate

temperatures in north and hot in south;

southwest monsoon (May to October), torrid

in the north and hot in the south, irregular

rainfall, hot and humid periods (tangambili)

between monsoons

• Natural resources: uranium and largely

unexploited reserves of iron ore, tin, gypsum,

bauxite, copper, salt, natural gas, likely oil

reserves

• Natural hazards: recurring droughts;

frequent dust storms over eastern plains in

summer; floods during rainy season

• Environmental issues: famine; use of

contaminated water contributes to human

health problems; deforestation; overgrazing;

soil erosion; desertification

• Population: 9,832,017

• Median age: 17.5 years

• Urban population: 37% of total population

• Ethnic groups: Somali 85%, Bantu and other

non-Somali 15% (including Arabs 30,000)

• Religions: Sunni Muslim

• Languages: Somali (official), Arabic, Italian,

English

• Literacy: 37.8%

• GDP: $2.763 billion est.

• GDP per capita: $600 est.

• GDP composition by sector:

– agriculture: 65%

– industry: 10%

– services: 25% (2005 est.)

• Land use:

– arable land: 1.64%

– permanent crops: 0.04%

– other: 98.32% (2005)

Source: CIA World Factbook




• Land boundaries: 2,340 km

• Coastline: 3,025 km

• Climate: principally desert; northeast

monsoon (December to February), moderate

temperatures in north and hot in south;

southwest monsoon (May to October), torrid

in the north and hot in the south, irregular

rainfall, hot and humid periods (tangambili)

between monsoons

• Natural resources: uranium and largely

unexploited reserves of iron ore, tin, gypsum,

bauxite, copper, salt, natural gas, likely oil

reserves

• Natural hazards: recurring droughts;

frequent dust storms over eastern plains in

summer; floods during rainy season

• Environmental issues: famine; use of

contaminated water contributes to human

health problems; deforestation; overgrazing;

soil erosion; desertification

• Population: 9,832,017

• Median age: 17.5 years

• Urban population: 37% of total population

• Ethnic groups: Somali 85%, Bantu and other

non-Somali 15% (including Arabs 30,000)

• Religions: Sunni Muslim

• Languages: Somali (official), Arabic, Italian,

English

• Literacy: 37.8%

• GDP: $2.763 billion est.

• GDP per capita: $600 est.

• GDP composition by sector:

– agriculture: 65%

– industry: 10%

– services: 25% (2005 est.)

• Land use:

– arable land: 1.64%

– permanent crops: 0.04%

– other: 98.32% (2005)





Coastal

Young

Rural

Illiterate

Poor

Agrarian


• SOMALIA ACQUIRES INDEPENDENCE FROM UK IN1960.

• MOHAMED SIAD BARRE BECOMES PRESIDENT OFSOMALIA AFTER MILITARY COUP IN 1969.

• BARRE OUSTED IN 1991 ; MOST OF SOMALIAPLUNGED INTO CIVIL WAR AND COUNTER-REVOLUTIONS.

• HUMANITARIAN SITUATION WORSENS WITH WARFAREBETWEEN OPPOSING CLANS AND WARLORDS.




• UN SECURITY COUNCIL RESOLUTIONS 733, 746, AND 794 LEAD

INTERVENTION IN SOMALIA TO RESTORE ORDER AND PROVIDE

HUMANITARIAN RELIEF.

• UN OPERATIONS CONDUCTED IN TWO PHASES:

– UNOSOM I, 1992-93

– UNOSOM II, 1993-95

• AFTER COLLAPSE OF PUBLIC SUPPORT FOR INTERVENTION, US

WITHDRAWS FROM SOMALIA IN 1994.

• WITH UNSC RESOLUTION 954, REST OF UN WITHDRAWS IN 1995.




• TO THIS DAY, SOMALIGOVERNMENTREMAINSEFFECTIVELYPOWERLESS.

• SOMALIAPOLITICALLYFRACTURED, SEVERALAUTONOMOUSREGIONS.




• LAWLESSNESS IN SOMALIA EXPLOITED BY FOREIGNFISHING FLEETS; EST. $300 MILLION IN FISHCAUGHT ILLEGALLY EACH YEAR.

• PIRATES HAVE LEGITIMATE ROOTS? SOMALIFISHERMEN STYLE THEMSELVES “SOMALIA‟SCOAST GUARD,” ARM THEMSELVES AND BEGINATTACKING FOREIGN FISHING VESSELS.

• OPPORTUNITY IN HIJACKING AND RANSOMINGVESSELS IS LUCRATIVE AND HIGHLY APPEALING....




• ....APPEAL OF PIRACY TO A YOUNG SOMALI ISAPPARENT:

“...[I]f a young pirate makes around £20,000 — his cut from two ransom pay-outs — he can persuade an ethnic Somali wife with a European Union passport to marry him and perhaps move to the United Kingdom. Staying in Somalia is not an option.”

Kenyan journalist Aidan Hartley, 2008.






2110

45

20

44

111

217

0

50

100

150

200

250

2002 2003 2004 2005 2006 2007 2008 2009 2010

Attacks attributed to Somali pirates

2110

45

20

44

111

217

0

50

100

150

200

250

2002 2003 2004 2005 2006 2007 2008 2009 2010

Attacks attributed to Somali pirates




MV Faina

Sept 2008

MV Sirius Star

Nov 2008

MV Semlow

Jun 2005

MV Miltzow

Oct 2005

MV Rozen

Feb 2007


• ANATOMY OF A TYPICAL HIJACKING:

1. VESSELS APPROACHED USING SMALL SKIFFS ORSPEEDBOATS. RANGE MAY BE EXTENDED UP TO 1000 NM WITH „MOTHER SHIPS‟

2. VESSELS BOARDED AND SEIZED; MAKE FOR SOMALICOAST.




• ANATOMY OF A TYPICAL HIJACKING, CONT‟D:

3. HIJACKED VESSEL ANCHORED OFFSHORE; PIRATESCONTACT VESSEL OWNERS AND ISSUE RANSOMDEMANDS.

4. VESSEL OWNER AND PIRATES ENTER NEGOTIATIONS; FINAL RANSOM DEMAND DRASTICALLY LOWER.

5. VESSEL OWNER MEETS RANSOM; VESSEL FREEDWITHOUT INCIDENT. RANSOM DIVIDED BETWEENPIRATES.






Source: US Navy

$3 million

ransom


• EQUIPMENT/WEAPONRY

INCLUDES:

– RPGS

– AKS

– MACHINEGUNS

– HAND GRENADES

– EDGED WEAPONS

– GPS RECEIVERS

– SATELLITE PHONES



Source: Royal Navy




Source: US Navy




Source: Royal Navy




Source: NATO




Source: US Navy


• ARE SOMALI PIRATES TERRORISTS?

– LITTLE OR NO IDEOLOGICAL MOTIVATION; NO FLAG HAS BEEN

EXEMPT FROM ATTACK.

– MONEY > RELIGION?

– DESPITE PIRATE WEAPONRY, ANARCHY/TERRORISM IN

SOMALIA, PIRATES ARE LARGELY NON-VIOLENT:

SOURCE: IMB



2003 2004 2005 2006 2007 2008 2009

Actual and attempted

hijackings (worldwide):

445 329 276 239 263 293 406

Fatalities: 21 32 0 15 5 11 8

Missing: 71 30 12 3 3 21 8

3. COUNTER-PIRACY EFFORTS



Source: Canadian Forces


• SERIES OF UNSC RESOLUTIONS (1814, 1816, 1838, 1846) ESTABLISH

COUNTER-PIRACY MANDATE.

• UNSC RESOLUTION 1846:

9. [The Security Council] calls upon States and regional organizations

that have the capacity to do so, to take part actively in the fight against

piracy and armed robbery at sea off the coast of Somalia, in particular,

consistent with this resolution and relevant international law, by

deploying naval vessels and military aircraft, and through seizure and

disposition of boats, vessels, arms and other related equipment used in

the commission of piracy and armed robbery off the coast of Somalia,

or for which there is reasonable ground for suspecting such use....




• COUNTER-PIRACY EFFORTS BY INTERNATIONALSECURITY FORCES FALL UNDER TWO APPROACHES:

– UNILATERAL

• DEPLOYMENT OF SINGLE SHIP OR NATIONAL TASK FORCE.

• NOT USUALLY PART OF OR DIRECTLY COORDINATING WITH

MULTINATIONAL TASK FORCES.

• E.G., RUSSIA, INDIA, CHINA.




– COLLABORATIVE

• US‟S CTF 150 AND CTF 151, NATO‟S SNMG1, AND

EU‟S NAVFOR SOMALIA..

• MULTINATIONAL MISSION-ORIENTED TASK FORCES

DEDICATED TO COMBATING PIRACY.




• COMBINED TASK FORCES 151/150:

– THOUGH CTF 150 WAS INVOLVED IN COUNTER-PIRACY

BETWEEN 2006-08, ITS ORIGINAL MANDATE WAS

COUNTER-TERRORISM UNDER OPERATION ENDURING

FREEDOM.

– CTF-151 HAS DEDICATED COUNTER-PIRACY MANDATE, COMMENCED OPERATIONS IN JANUARY 2009.

– BROAD INTERNATIONAL MEMBERSHIP; CURRENTLY

HEADED BY KOREAN REAR ADMIRAL.




• STANDING NATO RESPONSE FORCE MARITIMEGROUPS 1 & 2.

– THREE ITERATIONS NATO COUNTER-PIRACY MISSIONS:

• OP ALLIED PROVIDER (SEPT 2008)

– STOPGAP PROTECTION FOR WFP SHIPS.

• OP ALLIED PROTECTOR (MAR 2009)

– DETERRENCE AND DISRUPTION OF PIRATE ACTIVITY.

• OP OCEAN SHIELD (AUG 2009)

– REGIONAL CAPACITY-BUILDING IN ADDITION TO DETERRENCE.




• EU NAVFOR SOMALIA / OP ATALANTA.

– ESTABLISHED DEC 2008; EU‟S FIRST NAVAL

OPERATION.

– EIGHT EUROPEAN NATIONS MAINTAIN PERMANENT

CONTRIBUTIONS.

– MANDATE INCLUDES PROTECTION OF WFP VESSELS, DETERRENCE/PREVENTION OF PIRATE ACTIVITY.




• WHAT TO DO WITH ACAPTURED PIRATE?

– “CATCH & RELEASE”

– TRY IN REGIONAL COURT, E.G. KENYA

– TRY IN OVERSEAS COURT

– THE RUSSIAN METHOD....



Source: Spanish Navy


• ARE COUNTER-PIRACY EFFORTS MAKING ADIFFERENCE?



2005 2006 2007 2008 2009 2010

Actual and attempted attacks

between Jan-Mar (Q1): 20 12 5 6 62 35

Source: IMB




Strait of

Malacca


121

94

79

5043

28

15

0

20

40

60

80

100

120

140

2002 2003 2004 2005 2006 2007 2008 2009 2010




Attacks attributed to Indonesian pirates


• SOUTH-EAST ASIAN COUNTER-PIRACY EFFORTS CLOSELY

INTEGRATED :

– RECAAP: REGIONAL COOPERATION AGREEMENT ON COMBATING

PIRACY AND ARMED ROBBERY AGAINST SHIPS IN ASIA

– RECAAP PROPOSED IN 2001, ENTERS INTO FORCE IN 2006.

– RECAAP‟S THREE PILLARS:

1. INTELLIGENCE SHARING

2. OPERATIONAL COORDINATION

3. CAPACITY-BUILDING



121

94

79

5043

28

15

17

23

38

30

26

0

5

10

15

20

25

30

35

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40

60

80

100

120

140

2002 2003 2004 2005 2006 2007 2008 2009 2010




Attacks attributed to Indonesian pirates vs. bi/multilateral counter-piracy agreements


• SUCCESS IN THE STRAIT OF MALACCA ABOUT„DOING MORE WITH LESS.‟

• FORCE STRUCTURE AND COMPOSITIONESSENTIALLY UNCHANGED; INSTEAD, SOUTH-EASTASIAN NATIONS LOOK TO MAXIMIZE EFFICIENT USEOF AVAILABLE RESOURCES.

• JOINT/COORDINATED PATROLS AND EXERCISES –BURDEN SHARING - PROVE HIGHLY SUCCESSFUL INMALACCAN EXPERIENCE.




• CAN THE SUCCESS IN STRAIT OF MALACCA BEREPLICATED IN THE GULF OF ADEN? YES AND NO.

• MALACCAN EXPERIENCE CANNOT BE DIRECTLYTRANSLATED; VERY LIMITED REGIONAL MARITIMESECURITY CAPACITY.

• PREMISES REMAIN APPLICABLE; BETTERCOORDINATION AND REGIONAL CAPACITY-BUILDINGHAVE PROMISE.






Puntland Coast Guard officers meet SNMG1 reps onboard NRP Alvares Cabral. Source: NATO.

5. CONCLUSIONS

• MARITIME PIRACY IS A TIMELESS ISSUE.

• PIRACY IN AND AROUND SOMALIA IS ROOTED INPOVERTY AND CONFLICT.

• COUNTER-PIRACY EFFORTS ARE MAKING ADIFFERENCE.

• LESSONS LEARNED FROM OTHER PIRATE-PRONEREGIONS MAY BE USEFUL.





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