The Threat of Modern Piracy- A Merged Thread

[Blackadder1916]

Navy commander admits: no rules on Somalia pirates

By Luke Baker  Reuters  Tue 21 Oct 2008, 12:52 GMT

LONDON, Oct 21 (Reuters) - The commander of a NATO task force on its way to tackle piracy off the coast of Somalia has said he still does not know what the rules are for taking on the high-seas bandits.

U.S. Admiral Mark Fitzgerald said while he was aware of where the pirates were operating, there was little he could do militarily to stop them and that guidelines on how to take them on -- including whether to shoot -- were still in the works.

"You know, I don't think we've gotten the rules of engagement yet from NATO," Fitzgerald told reporters on Monday during a briefing on U.S. naval operations in Europe and Africa.

"That's all still being debated in the North Atlantic Council. All we've been told is to prepare a plan to go down there. So (the rules) are going to have to be debated."

Six NATO members have contributed ships, including destroyers and frigates, to a special anti-piracy task force following a request from the United Nations.

The NATO group passed through the Suez Canal last week on its way to the Horn of Africa, where piracy has surged this year, with more than 30 ships seized and ransoms estimated at $18-$30 million have been paid to free hostages.

There are already naval assets from Britain, the United States and Russia in the region, but the area is so vast -- more than 2.5 million square miles -- that it is almost impossible for the pirates to be stopped unless they are caught red-handed.

"From a military standpoint, we certainly are limited by what we can do," said Fitzgerald. "How do you prove a guy's a pirate before he actually attacks a ship?

"We have a problem from the military side at sea because we can't be omnipresent in the space, and the pirates operate at an advantage because ... they don't announce they're a pirate until they attack a ship."

Security specialists say there is a window of only about 15 minutes for a navy ship to respond to a distress call and get to another ship that's being hijacked. Once pirates are on board, there's little, legally, that can be done.

"You've got a very short window, a short time span, from the point where they decide to board a ship and (actually) board it. If you're not right there, there's not much you can do, and once the ship is taken hostage, then...."

The Danish navy learnt to its cost last month what can happen if you do seize suspected pirates.

They captured 10 people, but after holding them for six days aboard a Danish ship, the suspects were set free and put ashore in Somalia because the legal conditions surrounding their detention were unclear.

Denmark's Defence Ministry said Danish law did not allow for prosecution of the men before a Danish court. The ministry said it had explored the possibility of handing them over to other countries but that was also not feasible.

A senior British naval commander admitted last week that it was essentially a legal minefield trying to take on the pirates, and urged commercial ships operating in the region to hire their own private security companies to deal with the threat.

Admiral Fitzgerald said the Danish experience showed how weak the impetus was going to be to capture pirates. Instead he said his task force would focus on escorting World Food Programme ships trying to deliver aid to Somalia.

Asked how long the mission could last, he said: "It's open-ended right now."

(Additional reporting by Kim McLaughlin in Copenhagen; Editing by Giles Elgood)

 

[OldSolduer]

Oh I see.....too many lace panty types worrying about "legalities"> Yeah I know the argument. Guardians of human rights and all that.

 

[Old Sweat]

Now if the pirates were to capture a cruise ship full of lawyers and hold them all for ransom, I bet the legal community would find a solution very quickly. Mind you, the pirates might let them all go as a professional courtesy.

 

[OldSolduer]

Now if the pirates were to capture a cruise ship full of lawyers and hold them all for ransom, I bet the legal community would find a solution very quickly. Mind you, the pirates might let them all go as a professional courtesy.

Perfect quote OldSweat!!! I say hang em all from the yardarm.

 

[Ex-Dragoon]

Oh I see.....too many lace panty types worrying about "legalities"> Yeah I know the argument. Guardians of human rights and all that.

I have no problem with following the legalities and being considered a guardian of human rights..its what sets us apart from the pirates...

 

[GAP]

I have no problem with following the legalities and being considered a guardian of human rights..its what sets us apart from the pirates...

They will all be found guilty at their trial,  after they are hung

 

[Old Sweat]

I hate to be a wet blanket here, but even in the 'golden age of the gentlemen of the brotherhood" due process applied. Any pirates who were captured alive eventually were tried in civilian criminal courts ashore. Now the chances of getting off for anybody who was captured under arms on a pirate ship were not great, but even in the eighteenth century some managed to save their miserable hides by ratting on their comrades.

Now I am talking European pirates captured by European forces. I suspect they were less inclined to follow all the rules when dealing with, say, North African or Arab or Malay pirates, but still here must have been a process to be followed. This is even more certain if a ship and its cargo of the proceeds of crime were taken, as it seems to me the captain and crew of the capturing ship received a healthy share of the proceeds of the disposal of same.

 

[Blackadder1916]

. . . but still here must have been a process to be followed. This is even more certain if a ship and its cargo of the proceeds of crime were taken, as it seems to me the captain and crew of the capturing ship received a healthy share of the proceeds of the disposal of same.

And it can still apply today, for the Royal Navy anyway.
http://forums.army.ca/forums/threads/67625/post-769205.html#msg769205

 

[MarkOttawa]

Action being taken:

French nab 9 Somali pirates in Gulf of Aden
http://ap.google.com/article/ALeqM5jHMz6_AdORiX-45PUhBtBjZlha0gD940B19G0

Tensions heated up on the high seas, as the French Navy captured nine pirates near the Gulf of Aden and a Somali pirate warned Thursday that the crew of a hijacked Ukrainian arms ship would be killed if NATO forces attacked.

The French Navy intercepted the pirates in two small boats about 115 miles (185 kilometers) from the nearest coast, finding assault rifles, grenade-launchers, grappling hooks and ladders onboard.

The nine were handed over Thursday to Somali officials, and French officials received assurances the prisoners would be treated according to international conventions.

"We wanted to send a very clear message to the pirates that the days of their flourishing and unpunished business are over," Gen. Christian Baptiste, a French Defense Ministry spokesman, told The Associated Press by telephone.

In order not to tip off any other pirates, he declined to say exactly when or where the hostages were captured.

Pirate attacks off the coast of Somalia this year have surged 75 percent, the International Maritime Bureau said Thursday, calling for serious international action against the brigands who "operate with impunity."

It said the waters off Somalia, including the Gulf of Aden, are the world's most dangerous, accounting for 63 — or nearly a third — of the 199 reported pirate attacks worldwide so far this year...

NATO flotilla to start anti-piracy operations soon
http://www.wtop.com/?nid=105&sid=1502040

A NATO flotilla sailing toward the Somali coast will begin anti-piracy operations within the next few days, but officials said Wednesday the alliance was still working out the rules of engagement for the seven ships.

The NATO warships will escort cargo ships carrying U.N. food aid to Somalia and will patrol the pirate-infested shipping lanes off the Somali coast, where 30 ships have been hijacked this year and over 70 have been attacked.

"They will have the rules of engagement that they need, the operational plan that they need. I would not be surprised to see all of this complete in the next two days," said alliance spokesman James Appathurai.

The seizure Sept. 25 of the Ukrainian cargo ship MV Faina, laden with 33 battle tanks and heavy weaponry, has focused international attention on the pirate menace.

U.S. warships have surrounded the Faina for weeks to prevent the pirates from trying to offload the ship's weapons, and a Russian guided missile frigate Intrepid is traveling to the area.

The NATO naval group is made up of destroyers from Italy and the United States, frigates from Germany, Greece, Turkey and Britain, and a German auxiliary vessel [emphasis added].

"There will be a number of very competent and very effective military ships ... to provide presence, deterrence and, where necessary and possible, to intervene to prevent acts of piracy and to escort ships," Appathurai said.

Details of which tasks each ship will take on, and the rules for how they will handle the pirates, are still being worked out...

And a Torch post by Babbling Brooks:

While nobody's paying attention to Somalia...
http://toyoufromfailinghands.blogspot.com/2008/10/while-nobodys-paying-attention-to.html

...good work is being done in relative obscurity off the east coast of Africa.

The crew of HMCS Ville de Quebec has done its job, safely escorting World Food Programme shipments to Somalia in response to the requests of the international community...

Mark
Ottawa

 

[GAP]

U.K. warns residents Somali pirates could ruin Christmas
Posted: October 23, 2008, 12:55 PM by Chris Boutet
Article Link

Just as the editors here at Posted were joking that shipping companies should consider hiring pirates of their own to fend off Somali hijackers in the Gulf of Aden, commenter iamtom points out below that controversial U.S. mercenaries for hire private military contractor Blackwater has a helicopter-laden warship patrolling the gulf as we speak, offering their services to beleaguered shipowners. From Lloyd's List:

The vessel, McArthur, is described as a multipurpose unit designed to support military and law-enforcement training, peace-keeping and stability operations.

The ship and its helicopters have the ability to patrol a commercial vessel’s route, thereby avoiding the need to hire security contractors to ride on board.

[...]

Blackwater justifies its presence in the area commercially by pointing to the increased bills for shipowners operating in the region, including massive insurance hikes, double-pay danger money for seafarers, and ransom payments where ships are captured.

Blackwater Worldwide executive vice-president Bill Matthews said: “We have been contacted by shipowners who say they need our help in making sure goods get to their destination. The McArthur can help us accomplish that.”


---

Pirate hijackings of cargo ships off the coast of Somalia are getting so out of control that British officials are warning residents that they could face shortages on everything from clothing to cars this Christmas season unless action is taken, BBC News reports.

So far this year, more than 30 ships have been hijacked and their cargo and crews held for ransom by Somali pirates in the Gulf of Aden. The rate at which ships are being taken has led the British Chamber of Shipping to warn consumers that all goods coming to the U.K. from Asia could be put at risk, and the impact especially felt in the run-up to Christmas as more and more shipping companies opt to take a longer and safer alternative route around the horn of Africa.

Gavin Simmonds, head of international policy at the chamber, says: "Car carriers with vehicles for the UK, foodstuffs from Asia, textiles and clothing, dare I say it in time for the Christmas market, will not be arriving on time if they have to [go round South Africa]. We could begin to see shortages within the next few weeks."

Of the ships pirated this year, most attention has focussed on MV Faina, the Ukrainian vessel carrying tanks and heavy weaponry.

But the majority of ships sailing through the Gulf carry supplies vital to the running of the global economy. Goods as diverse as oil, gas, cars, textiles and electronics travel past Somalia on their way to Britain.
More on link

 

[CougarKing]

Yet another update: the pirate scum renew their threats.
http://www.cnn.com/2008/WORLD/africa/10/23/Somalia.piracy.ap/index.html

Pirates to kill crew on arms ship if NATO ships attack

NAIROBI, Kenya (AP) -- Food and water are running low on a Ukrainian arms ship hijacked by Somali pirates, and a pirate spokesman warned Thursday if the ship was attacked by NATO forces its 20-man crew would be among those killed.

Spokesman Sugule Ali also mocked comments by Tomex Team, the firm operating the MV Faina cargo ship, which said it has accumulated only $1 million toward the $20 million ransom the pirates initially demanded.

"That is worthless," he said. "It would only pay for several nights' stay in a hotel!"

However, Ali declined to say whether the pirates had lowered their ransom request.

He told The Associated Press that supplies were running out but the pirates would share what remained with the crew.

"We Somalis don't eat in front of a hungry person," he said, speaking Thursday by satellite phone. "We will share our food with them."

But he repeated his promise to fight back if attacked, regardless of the arrival of a flotilla of NATO warships.

"Either we get the money or hold onto the ship. And if attacked, we will fight back to the bitter end," Ali said.

"The important thing, though, is if we die they will die too," he added, referring to the Faina's crew.

The Faina was heading for a Kenyan port with a cargo of 33 battle tanks and heavy weapons when armed pirates seized it September 25 off the coast of Somalia. The ship is now anchored off Somalia's coast near the central town of Hobyo, where Ali was seeking medical treatment Thursday.

U.S. warships have surrounded the Faina for weeks, making sure its heavy weapons don't fall into the hands of any insurgent groups linked to al Qaeda...

 

[OldSolduer]

I'm getting very ...frustrated with the international community. Treating criminals with kid gloves as if they were some sort of foreigh dignitary. I know what my solution to these a$$holes would be.

 

[geo]

FWIW, I think that interested governments have to make a decision.
Either give their military a clear & unequivocal mandate to clean the seas of the pirates.... OR continue going about it in vague & ineffective manner.

The Military & pirates both know what would happen if the navies went after them with all guns blazing
unfortunately, the government feels that the MsM is looking over their shoulders & are afraid of what people would think......

Darn - do your jobs & let us get on with ours !!!

 

[OldSolduer]

Thank you geo. I thought maybe I was the only one that had thought this kind of behavior had gone on far too long. Time for a few "pirates" to take a swim in the Deep Blue Sea.....

 

[geo]

Not a problem Hamish

 

[Blackadder1916]

HMCS Ville de Québec completes mission: WFP humanitarian operation successfully supported
http://www.forces.gc.ca/site/newsroom/view_news_e.asp?id=2792

CEFCOM NR 08.038 - October 23, 2008

OTTAWA — HMCS Ville de Québec has completed its task of escorting ships carrying World Food Programme (WFP) food assistance in the coastal region of Somalia in response to a global request from the WFP and the International Maritime Organization, both United Nations organizations.

Beginning in August 2008, HMCS Ville de Québec provided a naval escort to 10 ships under contract to the WFP to protect them from piracy and armed robbery. Around 36,200 tonnes of food — enough to feed about 400, 000 people for six months — were successfully delivered to Somalia by ships escorted by HMCS Ville de Québec.

More than 3.2 million Somalis need food assistance, of which 90 percent arrives by sea. Although pirates have launched more than 70 attacks on vessels in Somali waters so far this year, no ship carrying WFP food assistance has been attacked while under Canadian escort. Over the past 10 months, naval escorts have also been provided by France, Denmark and the Netherlands.

“The Government of Canada was proud to respond to the request from the United Nations to provide security, while ensuring the safe arrival of critical food supplies at designated ports,” said the Honourable Peter Gordon MacKay, Minister of National Defence and Minister of the Atlantic Canada Opportunities Agency. “By escorting World Food Programme supplies the brave men and women of our Canadian Forces continue to contribute to humanitarian efforts and international peace and stability.” “

For the 253 Canadian sailors, soldiers and airmen on board, our efforts in support of the World Food Programme have been an eye-opening experience,” said Commander Chris Dickinson, commanding officer of Ville de Québec. “Our success is attributable to my crew, who I believe have made a difference in this area of the world through their efforts, while being themselves changed for the better by their experiences here.”

HMCS Ville de Québec will return to her initial mission, Operation SEXTANT, Canada’s participation in the Standing NATO Maritime Group 1 (SNMG1) fleet in support of the NATO Response Force (NRF). She is scheduled to return to Canada in December.

 

[a_majoor]

From tne "Mail" section of Chaos Manor:

http://www.jerrypournelle.com/mail/2008/Q4/mail541.html#credentials

Pirates

Hi Jerry, I don't think that arming sailors, will do much to stop the Somalian pirates. Most sailors are not trained, nor want to fight. I have heard that during the cold war, Soviet merchant ships had armed guards, which routinely shot pirates and thieves attempting to board their ships. But the Soviet merchant fleet was also seen at least as part of the military, and was probably staffed with military personal.

The main problem today, is not using naval resources to combat the pirates, but asking military forces to do the work as a police mission.

It has resulted in various ridiculous situations. As Denmark has provided the lead ship (with the "Absalon" command and support ship) in the NATO anti-pirate task force, it has been covered extensively in the local news. It seems like that the fleet is under orders not shoot to kill, but just try to block hijackings. The mission has become a farce.

When the "Absalon" command and support ship came to Somalia, they stopped a suspected pirate mothership, and found weapons and equipment robbed from captured ships. But what to do with the captured pirates?

Take them to Denmark to imprison? - no we don't want them to here, they will probably seek asylum after served sentence....

Deliver them to Kenya, Ethiopia or Yemen (the closest states)? They will probably be executed after due trial (Denmark do not accept death penalty).

The result was that they was released on a beach in Somalia....

Now the fleet is under order not to take any prisoners, but also not to kill or harm anybody not sentenced in a court of law.....

Yesterday they found another mother ship. As the pirates know they won't be harmed, they no longer care about warning shots. The only action the Absalon could take was to sink the pirates towed fast attack boats and follow and watch the pirate mothership - hoping they will tire of the attention and return to port.

This is absolutely crazy. The pirates should be classified as an illegal enemy force (not uniformed troops attacking civilian targets), and sunk upon detection - no warnings nor quarter given.

If we send military forces, they should not be under orders to act as police, trying to apprehend and sentence criminals. The military is for war - not policing.

Regards

Bo Andersen

Under the International Treaty that governs piracy, pirates taken on the high seas may be hanged instantly by the master of the vessel that takes them. Of course nations issue instructions and rules of engagement that restrict that permission. The problem of pirates isn't one that can't be solved; it's neither complex nor very expensive compared to wars. It does take some determination and will power.

 

[OldSolduer]

What have I been saying all along??

You get caught being a pirate, YOU DIE!!!

 

[Blackadder1916]

Bo Andersen

Under the International Treaty that governs piracy, pirates taken on the high seas may be hanged instantly by the master of the vessel that takes them. Of course nations issue instructions and rules of engagement that restrict that permission. The problem of pirates isn't one that can't be solved; it's neither complex nor very expensive compared to wars. It does take some determination and will power.

Now that is just another internet clown talking out his ass.  Pray tell, what "International Treaty" would that be?  As it is generally accepted that the United Nations Convention on the Law of the Sea (Part VII is the section of the convention that deals with activities on the high seas including piracy) is the standard codification of the law of nations in regards to such, I find no reference to hanging or other summary execution in any of the articles that deal with piracy.

Article100

Duty to cooperate in the repression of piracy

All States shall cooperate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State.

Article101

Definition of piracy

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).

Article102

Piracy by a warship, government ship or government aircraft whose crew has mutinied

The acts of piracy, as defined in article 101, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft.


Article103

Definition of a pirate ship or aircraft

A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.


Article104

Retention or loss of the nationality of a pirate ship or aircraft

A ship or aircraft may retain its nationality although it has become a pirate ship or aircraft. The retention or loss of nationality is determined by the law of the State from which such nationality was derived.


Article105

Seizure of a pirate ship or aircraft

On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.


Article106

Liability for seizure without adequate grounds

Where the seizure of a ship or aircraft on suspicion of piracy has been effected without adequate grounds, the State making the seizure shall be liable to the State the nationality of which is possessed by the ship or aircraft for any loss or damage caused by the seizure.


Article107

Ships and aircraft which are entitled to seize on account of piracy

A seizure on account of piracy may be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.

A cursory interpretation of the above would indicate (in light of recent reports that Blackwater proposes to send its ship to that region) that should a ship that doesn't meet the criteria of article 107 seize a "pirate" vessel and crew, they themselves would be guilty of piracy.

While each nation may (or may not) have legislation that addresses piracy both in their own waters or in international waters, it would be up to each nation to decide how to deal with pirates according to that legislation.  In the case of Canada, piracy (anywhere) is an offence under the Criminal Code.

http://www.canlii.org/ca/sta/c-46/sec74.html

PART II: OFFENCES AGAINST PUBLIC ORDER
              Piracy
Piracy by law of nations
74. (1) Every one commits piracy who does any act that, by the law of nations, is piracy.

Punishment
(2) Every one who commits piracy while in or out of Canada is guilty of an indictable offence and liable to imprisonment for life.

R.S., c. C-34, s. 75; 1974-75-76, c. 105, s. 3.

 

[Blackadder1916]

The Russians have finally arrived (well tomorrow, anyway).

Russian warship to start patrols off Somalia coast on Tuesday
http://en.rian.ru/russia/20081027/117967789.html
RIA Novosti  15:11 27/ 10/ 2008
 
MOSCOW, October 27 (RIA Novosti) - A missile frigate from Russia's Baltic Fleet is to start patrolling waters in the Gulf of Aden on October 28 to protect Russian ships and crews from pirate attacks, a Navy spokesman said on Monday.

The Neustrashimy (Fearless) frigate arrived at the port of Aden on Sunday to replenish food and water supplies after a trip from the Mediterranean.

"The Russian warship is scheduled to leave Aden tomorrow and head to the Gulf of Aden to carry out missions to ensure the safety of Russian shipping in the region," Capt. 1st Rank Igor Dygalo said.

The Russian frigate is to join an international naval group which has surrounded a Ukrainian ship, the MV Faina, that was seized by Somali pirates on September 25. The Faina, which was carrying 33 T-72 tanks and other heavy weaponry, has a crew of 17 Ukrainian nationals, two Russians, and one Lithuanian on board.

The Faina's Russian captain died of a heart attack after the vessel was seized. The pirates holding the ship have demanded an $8 million ransom, and have threatened to kill the hostages if a military operation is launched against them.

The Neustrashimy's armament includes SS-N-25 Switchblade anti-ship missiles, SA-N-9 Gauntlet SAM, a 100-mm gun, torpedoes and depth charges. The frigate also carries a Ka-27 ASW helicopter.

"Neustrashimy has the right to use force, including the use of weapons, against pirates if necessary," Dygalo said.

Pirates are increasingly active in the waters off Somalia, which has no effective government and no navy to police its coastline. Somali pirates have seized around 60 ships so far this year off the coast of the east African nation.

At the beginning of June, the UN Security Council passed a resolution permitting countries to enter Somalia's territorial waters to combat "acts of piracy and armed robbery at sea."