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21-094 Piracy _ Armed Robbery Against Ships

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					PIRACY & ARMED ROBBERY:
 ORGANIZED CRIME AT SEA




                          1
       Combating Piracy: History

• Robbery & Ransom

• The Gulf & Mediterranean

• South China Sea

• The Americas & Caribbean



                                   2
Source: International Maritime Bureau, Live Piracy Map
                January- October 2011

                                       no translation    3
Locations Where 75% of the 2010 Piracy/Armed
      Robbery at Sea Attacks Reported




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               SOURCE: ICC International Maritime Bureau
         Piracy and Armed Robbery against Ships Annual Report
                                                                    4
                      1 January - 31 December 2010
Piracy & Other Threats
• Affect vital shipping lanes

• Potential for environmental disaster

• Characteristics of high threat regions

• Terrorism; trafficking in weapons, drugs,
  persons; illegal fishing and dumping

                                              5
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                 6
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                 7
2010 Piracy Hotspots


           •   Somali Coast: 139
           •   Gulf of Aden: 53
           •   Indochina: 40
           •   South China Sea: 31
           •   Red Sea 25
           •   Arabian Sea: 2
           •   Indian Ocean: 1



                               8
no translation   9
         Modern Piracy: Profile
• Merchant Ships
  – high value cargo
  – small crews
• Pirates
  – high speed craft &
    mother ships
  – heavily armed
  – surprise attacks
• Reduced Naval Forces



                                  10
no translation   11
                         Somali Piracy




• Lethal weapons
• Sophisticated capabilities
• Profit

                                         12
   Piracy Under International Law
• Illegal act of violence, detention, or
  depredation
• for private ends
• by crew or passengers of a private vessel
  or aircraft
• directed against another ship or aircraft
• on the high seas or outside jurisdiction of
  any State



                                            13
Universal Jurisdiction Over Crime
            of Piracy
            • Warship of any State may:
              – in international waters
              – upon reasonable suspicion
              – visit any ship to verify flag
                state registration
              – further examine ship if
                suspicion remains




                                           14
   Universal Jurisdiction Over Crime
               of Piracy
• Warship of any State may:
  –   in international waters
  –   seize a pirate ship or aircraft
  –   arrest persons on board
  –   seize property on board
• Pursuit of pirate ship or
  aircraft:
  – in international waters
  – in national waters with
    consent of State concerned

                                        15
Universal Jurisdiction Over Crime
            of Piracy
              • Courts of State seizing
                pirate ship or aircraft may:
                – conduct criminal trial of
                  those arrested for piracy &
                  punish upon conviction
                – determine disposition of
                  seized ships & aircraft and
                  property aboard




                                         16
States Commitment to Repress Piracy
• 1982 UN Law of the Sea
  Convention
  – lacks specific obligations



• 1988 Suppression of Unlawful Acts Against
  Safety of Maritime Navigation (SUA) Convention
  • State parties obligated to establish jurisdiction over
    most acts involved in piracy
  • and either prosecute or extradite


                                                       17
Summary of International Law & Piracy
• State repression of piracy is limited to law
  enforcement means
  – outlined in 1982 UN Law of Sea Convention
  – in accordance with relevant international human
    rights agreements & customary law
• Unless:
  – acting in self-defense to an attack or imminent attack
  – or under Security Council Resolution authorizing use
    of military force



                                                      18
     Armed Robbery Against Ships
• Illegal act of violence, detention, or depredation,
  or any threat, incitement, or facilitation of same
• for private ends
• directed against another ship or persons or
  property on board
• Within a State’s internal or archipelagic waters,
  or territorial sea




                                                 19
       Challenges in Repressing
    Piracy & Armed Robbery at Sea
• Economic: ransom
• Social: lack of legitimate means to earn a living
• Jurisdiction: lack of domestic law
• Coordination: bilateral agreements among
  States
• Capacity: law enforcement and judicial




                                               20
International Maritime Organization
               Efforts
               • Develop measures &
                 encourage cooperation
                 among States
               • 2009 Djibouti Code of
                 Conduct
               • Recommendations to
                 Governments



                                     21
International Maritime Organization
        Guidelines to Ships
• Conduct a security assessment to develop
  prevention measures
• Measures to consider:
  –   secure areas
  –   defensive maneuvering
  –   privately contracted armed security personnel
  –   law enforcement officers or military personnel




                                                   22
               Other Measures
• Information Sharing
  – IMB Piracy Reporting Center
  – ReCAAP Information Sharing
    Centre
  – Djibouti Code of Conduct
    Piracy Information Centers
• Training
• Special Security Units




                                  23
              Other Measures

• New Technology
  – ship tracking devices
  – electric fence & alarms
  – chemical agents




                               24
Government Efforts
        • Naval Task Forces
        – Operation Atalanta
        – Operation Ocean Shield
        – Combined Task Force 151
        • Warships Under National
          Command
        • Regional Agreements &
          Arrangements




                                    25
   UN Security Council Resolutions
• Since 2008: authorized entry into Somali
  territorial waters
• Since 2008: authorized action in Somalia &
  seize/dispose pirate vessels, arms, equipment
• 2011: urged Somalia & regional states to
  establish specialized anti-piracy courts with
  international assistance




                                             26
Other Government Efforts
    • Intelligence Collection &
      Sharing
     • Coordinated Air Surveillance &
       Pursuit
    • Security Operations Centers
    • Shiprider Arrangements




                                    27
    Comparing Maritime Terrorism and
     Piracy & Armed Robbery at Sea
•   Motivation
•   Law
•   Circumstances
•   Threats
•   Capabilities




                                   28
        Maritime Terrorist Attacks
• Hostages, Murder, Damage

• Range of tactics

• Vessels as weapon          Captured LTTE suicide boat off of Sri
                                      Lanka (Oct 2008)

• Rare but with potential
  global impact




                                                            29
 Pirates/Robbers Sea & Terrorists
           Connection



• Terrorists adopt pirate hijack tactics
• Little evidence of general collusion
• Growing evidence of Somali pirate
  group & Al Shabaab collaboration


                                           30
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posted:8/24/2012
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