Pirates, Modern Piracy and Somalia, What to Do?

Control and Limitation of Today's Pirates in Somalia and Elsewhere

Apr 12, 2009

Somalian pirates present an ongoing threat with bold, high ransom attacks on ships of all nations. How soon and decisively the world responds is important and matters.

The armed speedboat arrives. The target ship, captain and crew are prey for these predators. The cargo ship is unarmed, vulnerable — the speedboat men carry AK-47s, grenade launchers. Guided by GPS, brazen attacks come against ships from many nations. Can these pirates be stopped?

Pirates of the Caribbean, Pirates of Somalia, Pirates of Wherever

Pirates flourish today off the Somalian coast. Their attacks are regular. Dozens of pirated, large cargo ships and their crews, from diverse nations, are anchored and guarded in port as booty and ransom. Pirate demands are made. Hostages and ships remain imprisoned. Negotiations go on for weeks or months. Then, millions of dollars, Euros, or other monies rain down from helicopters for ransoms paid. The crew and ship are released, as pirates wade hip-deep in wealth. They dance and laugh at the futility of modern armies and navies to defeat them. These are the cunning pirates of Somalia.

The problem is not simple. Somalia has only an interim, provisional government, and suffers with economic ruin due to war, floods, drought and crop failures over decades.

Piracy Defined, Pirate Life and Pirate Moral Code

The1982 UN Convention on the Law of the Sea (UNCLOS) defined piracy as "illegal acts of violence, detention, or depredation (plundering, robbing or pillaging) committed for private ends by a private ship on the high seas, i.e. outside the jurisdiction of any country."

Piracy as a lifestyle is dangerous, but it can be lucrative. Death or disability during an attack is a pirate's worst nightmare. In the Somali piracies, the prey ships are almost always unarmed. Thus, there is little chance of injury or death to a pirate here. Once the ship is captured, the crew is taken hostage and only those lives are at risk. Recently in April 12, 2009, a giant US destroyer shadowed a small disabled raft with an American ship captain hostage. Three pirates were killed, one captured, as US Navy seals prevailed against the tiny enemy craft.

Pirates have their own moral codes: It is good to steal from the others, but not one another. It is good to share the booty with those who risked equally with you.

There is a captain, or pirate leader, who usually is the smartest, most cunning and treacherous pirate. He has survived many ventures and is respected by others, who aspire to be like him someday.

Piracy Costs and Consequences Factors

The cost of modern piracy cannot be underestimated:

Diverted, wider routes create greater fuel and voyage times for cargo ships.
Insurance costs have doubled and tripled for virtually all ships and cargoes.
Military patrol costs have escalated dramatically for patrolling nations.
Loss of confidence throughout the world that nations can cope with this crisis.

Stopping Modern Piracy, Somalia and Elsewhere

The world's quandary: how do you stop piracy, protect innocent crew and ships, and continue to pay ransoms? The answer is obvious — it cannot be done! As long as there is reward and no punishment, there will always be these and other piracies. Further, piracies will expand and grow if rewards, without any penalties, are perceived.

Some new approaches might be among these:

Major changes and upgrades to the 1982 UN Law of the Sea are needed. UNCLOS sets difficult rules of engagement for nations who encounter pirates. There must be adequate reasons for seizure of suspect pirate ships, and only government warships and military aircraft can do this. Improper seizures could be cause for payment due for damages and losses. Boarding parties sent from the warship to confirm illegal intent could become hostages, or killed by pirates.
Heavy, increased military protection for merchant ships from all over the world.
Arming of merchant ships with trained military crews.
Interdiction of pirate forays by air patrols.
Strict, uniform penalties for captured and convicted armed pirates.
Invasion of Somalia pirate regions with commandos to release ships and hostages.
No ransom payments.
If pirates take hostage lives for unpaid ransoms, or as retribution for valid actions taken by aggrieved nations, then even more vigorous action probably will be required.

Formal laws and rules of others do not matter to pirates. Terrorists and pirates really understand only one thing- the rule of force.

Concluding Thoughts

Somalia has no real, rule of modern law. The United Nations remains impotent and paralyzed and cannot halt world-impacting problems in Somalia, North Korea or Iran. Responsible nations must take leadership. Whether that occurs or not is to be seen. How long piracy reigns depends upon those at risk. Those piracy risks and stakes continue to increase with time.

How well will the world deal with piracy in the 21st century?

Sources

Lehr, P. Sea Piracy on the Rise Off Somalia's Coast. NPR Morning Edition, April 25, 2008.
United Nations Convention on Law of the Sea 1982.

The copyright of the article Pirates, Modern Piracy and Somalia, What to Do? in International Trade is owned by Donald Reinhardt. Permission to republish Pirates, Modern Piracy and Somalia, What to Do? in print or online must be granted by the author in writing.