Coast Guard Collaborates with U.S. Interagency, International Partners and Maritime Industry to Halt Piracy
Piracy has been rightfully called an insult to civilization. The recent pirate attacks on the motor vessels MAERSK ALABAMA and LIBERTY SUN focused the attention of the American public on what has been an increasingly significant international issue. It is important that the American public and the international community know that the U.S. Government is working hard to find an enduring international solution to this international problem.
Maritime piracy is a symptom of instability in Somalia. The only long-term solution must address piracy's root causes in Somalia itself: political instability and lack of economic opportunity. The U.S. supports a reconstituted Somalia with lawful control over its entire territory. The new unity Transitional Federal Government offers the hope that Somalia can return to the rule of law and legitimate economic activity. Until this happens, the U.S. and the international community must treat the symptoms and secure the maritime domain and protect its seafarers by improving response options, reducing vulnerabilities, and establishing effective legal mechanisms to deliver consequences against pirates.
In December 2008, the National Security Council published the, "Strategy for Countering Piracy off the Horn of Africa: Partnership and Action Plan." The Plan is founded on the principles of the National Strategy for Maritime Security and, "recognizes that nations have common interest in achieving two complementary objectives: to facilitate the vibrant maritime commerce that underpins economic security, and to protect against ocean-related terrorist, hostile, criminal and dangerous acts, including piracy." This requires a whole-of-government approach, integrating military, law enforcement, judicial, diplomatic, and commercial interests.
There are positive effects of the international military response, including the U.S. Fifth Fleet's Combined Task Force 151, a European Union Naval Force, as well as a number of ships from other nations operating independently but cooperatively with these task forces. Essentially, this is the Cooperative Strategy for 21st Century Sea Power in action and examples of its success include the interdiction of 16 pirates in February by U.S. Navy and Coast Guard forces working from the USS VELLA GULF; the French capture of three pirates in mid-April, bringing the total facing French prosecution to 15; and most recently the rescue of Richard Phillips, heroic Captain of the MAERSK ALABAMA. The Cooperative Strategy was promulgated by the three maritime U.S. military service chiefs in October 2007.
On the vulnerability front, working through the International Maritime Organization (IMO) and via the international Contact Group on Piracy off the Coast of Somalia, the U.S. has engaged with the shipping industry to develop self-awareness and self-protection measures that reduce their vulnerability to attack. These most recent attacks against U.S. ships have added to the already heightened sense of urgency, and have raised the possibility of armed security teams as a specific measure to be employed by merchant vessels to reduce their vulnerability to pirates. The Coast Guard, working closely with the maritime industry, will issue a new Maritime Security Directive to address additional security measures authorized and required by U.S. vessels operating in waters threatened by piracy. It is important to recognize that armed security is but one of many protection measures, including the application of non-lethal tactics. There are numerous examples of these measures succeeding in thwarting pirate attacks in the Gulf of Aden and Horn of Africa region.
Regionally coordinated operations and information sharing, an approach that has been highly successful in reducing piracy in the Strait of Malacca, are critical to the sustainable disruption of piracy. In January, the Djibouti Code of Conduct was adopted, providing a legal framework for the interdiction and prosecution of pirates. The Code also contains practical law enforcement measures, including a shiprider program to share scarce patrol resources and information sharing and operational coordination mechanisms. This agreement has so far been signed by nine regional nations.
The passage of U.N. Security Council Resolution 1851 in December 2008 further assisted in establishing an effective legal framework for prosecuting pirates. This resolution encourages nations to employ the operative provisions of the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA) Convention. SUA provides a robust mechanism for effective consequence delivery applicable to 78% of the World?s nations. Complementing this, in January the U.S. signed a Memorandum of Understanding with the Government of Kenya for the transfer and prosecution of suspected pirates. Seven of the pirates captured by the USS VELLA GULF were transferred to the Government of Kenya under the terms of this MOU.
One thing is abundantly clear. The U.S. and its international partners are adapting and becoming more effective. Although cooperation between governments will be critical to addressing piracy, cooperation and coordination within our government comes first. In the MAERSK ALABAMA response, the Maritime Operational Threat Response (MOTR) protocol, a novel concept to orchestrate intra-governmental efforts in maritime incidents, played a positive and significant role. This protocol facilitates interagency unity of effort, efficient information flow and decision-making.
Piracy is a complex problem that is not going to be solved overnight. Establishment of rule of law and economic opportunity in Somalia are essential for a long-term end to this threat. In the meantime, there must be continuous strategic and operational engagement alongside our international partners. Such a coherent on-shore and off-shore strategy will enhance the security of the global commercial shipping lanes and halt the rise of piracy.
Maritime piracy is a symptom of instability in Somalia. The only long-term solution must address piracy's root causes in Somalia itself: political instability and lack of economic opportunity. The U.S. supports a reconstituted Somalia with lawful control over its entire territory. The new unity Transitional Federal Government offers the hope that Somalia can return to the rule of law and legitimate economic activity. Until this happens, the U.S. and the international community must treat the symptoms and secure the maritime domain and protect its seafarers by improving response options, reducing vulnerabilities, and establishing effective legal mechanisms to deliver consequences against pirates.
In December 2008, the National Security Council published the, "Strategy for Countering Piracy off the Horn of Africa: Partnership and Action Plan." The Plan is founded on the principles of the National Strategy for Maritime Security and, "recognizes that nations have common interest in achieving two complementary objectives: to facilitate the vibrant maritime commerce that underpins economic security, and to protect against ocean-related terrorist, hostile, criminal and dangerous acts, including piracy." This requires a whole-of-government approach, integrating military, law enforcement, judicial, diplomatic, and commercial interests.
There are positive effects of the international military response, including the U.S. Fifth Fleet's Combined Task Force 151, a European Union Naval Force, as well as a number of ships from other nations operating independently but cooperatively with these task forces. Essentially, this is the Cooperative Strategy for 21st Century Sea Power in action and examples of its success include the interdiction of 16 pirates in February by U.S. Navy and Coast Guard forces working from the USS VELLA GULF; the French capture of three pirates in mid-April, bringing the total facing French prosecution to 15; and most recently the rescue of Richard Phillips, heroic Captain of the MAERSK ALABAMA. The Cooperative Strategy was promulgated by the three maritime U.S. military service chiefs in October 2007.
On the vulnerability front, working through the International Maritime Organization (IMO) and via the international Contact Group on Piracy off the Coast of Somalia, the U.S. has engaged with the shipping industry to develop self-awareness and self-protection measures that reduce their vulnerability to attack. These most recent attacks against U.S. ships have added to the already heightened sense of urgency, and have raised the possibility of armed security teams as a specific measure to be employed by merchant vessels to reduce their vulnerability to pirates. The Coast Guard, working closely with the maritime industry, will issue a new Maritime Security Directive to address additional security measures authorized and required by U.S. vessels operating in waters threatened by piracy. It is important to recognize that armed security is but one of many protection measures, including the application of non-lethal tactics. There are numerous examples of these measures succeeding in thwarting pirate attacks in the Gulf of Aden and Horn of Africa region.
Regionally coordinated operations and information sharing, an approach that has been highly successful in reducing piracy in the Strait of Malacca, are critical to the sustainable disruption of piracy. In January, the Djibouti Code of Conduct was adopted, providing a legal framework for the interdiction and prosecution of pirates. The Code also contains practical law enforcement measures, including a shiprider program to share scarce patrol resources and information sharing and operational coordination mechanisms. This agreement has so far been signed by nine regional nations.
The passage of U.N. Security Council Resolution 1851 in December 2008 further assisted in establishing an effective legal framework for prosecuting pirates. This resolution encourages nations to employ the operative provisions of the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA) Convention. SUA provides a robust mechanism for effective consequence delivery applicable to 78% of the World?s nations. Complementing this, in January the U.S. signed a Memorandum of Understanding with the Government of Kenya for the transfer and prosecution of suspected pirates. Seven of the pirates captured by the USS VELLA GULF were transferred to the Government of Kenya under the terms of this MOU.
One thing is abundantly clear. The U.S. and its international partners are adapting and becoming more effective. Although cooperation between governments will be critical to addressing piracy, cooperation and coordination within our government comes first. In the MAERSK ALABAMA response, the Maritime Operational Threat Response (MOTR) protocol, a novel concept to orchestrate intra-governmental efforts in maritime incidents, played a positive and significant role. This protocol facilitates interagency unity of effort, efficient information flow and decision-making.
Piracy is a complex problem that is not going to be solved overnight. Establishment of rule of law and economic opportunity in Somalia are essential for a long-term end to this threat. In the meantime, there must be continuous strategic and operational engagement alongside our international partners. Such a coherent on-shore and off-shore strategy will enhance the security of the global commercial shipping lanes and halt the rise of piracy.
Posted at
6:08 PM
4 Comments:
Sir,
I concur that the land-based problem in Somalia and in its adjacent waters stems from a failed state, no structured economy and general lawlessness coupled with terrorist activity. The UN Secretary-General noted this state of affairs in December 2008. I do find it interesting, though, that piracy and terrorism are seen as separate and distinct. I believe that piracy is maritime terrorism?plain, but probably not so simple.
Extremism and terrorism have shown, through historical and current examples, to be neither negotiable nor collaborative ventures, despite any past kindness given through status or compensation. Maritime terror?my label for piracy?is no different.
Of course, when speaking of whether or not piracy is actually an act of terrorism, this does becomes a sticky argument. Even within the United States, the definition of terrorism is unclear. The Departments of State and Defense (DOS and DOD) use strict definitions, measured through political and ideological lenses, whereas the Federal Bureau of Investigation (FBI) uses more broad terminology.
The State Department defines terrorism as premeditated, politically motivated violence perpetrated against noncombatant targets by sub-national groups or clandestine agents, usually intended to influence an audience.[1]
The Department of Defense defines terrorism as the calculated use of unlawful violence to inculcate fear, intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological. [2]
The broadest view of terrorism is given by the FBI?the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives. [3]
The situation becomes even more troubling when seeking a multinational or international definition of terrorism.
The way I view it, maritime terror is premeditated and predicated on violence; it is meant to coerce; it intimidates, civilians, governments, societies and transnational organizations; it furthers, at a minimum, the individuals' social objectives; it furthers, at most, extreme ideology, and; it is counter to international freedom, prosperity, sovereignty and democracy.
Maritime terrorists are combatants with the means to endanger human life, increase instability and expand their sphere of influence.
Yes, to be effective at combating maritime terror, nations must first recognize that the central problem is on the land rather than the sea. The failed nation of Somalia, its current lawless environment and the poor human conditions effect this behavior. That being said, maritime terror is still not a justifiable recourse nor a simple act of robbery? they are, in part supporting terrorists group in Northern Africa.
As of recent, the United States, Japan and NATO are taking bold steps to quell this behavior in Somalia and the Gulf of Aden. [4] The hope is that the rest of the international community decides that piracy is terrorism and eliminates this threat quickly and efficiently. Simultaneously, international solutions are required to tackle the land-based problem as well, which includes groups like Al Shabaab, a known Islamic militant group operating in Somalia.
As a ?dangling carrot? I presume the following, unless the international community decides to move forward:
1. Maritime terror, if left unabated, will grow. This is based on the fact that maritime terrorists, who used to instill fear with knives and hatchets, now use automatic weapons and grenade launchers. If the pace continues, they will have bigger boats, bigger weapons and more material and personnel?they will have the means and ways to seek their end.
2. Groups, like Al Qaeda and Al Shabaab (in Africa), will be able to fund, and receive funding from, this type of terror. This is based on the volume of entities that are already willing to pay ransoms rather than decisively eliminate seafaring terror. If the pace continues, see presumption one.
3. A major catastrophic event will occur in the next 18 months involving maritime terrorists and luxury cruise ships. I base this on presumptions one and two. It will probably occur in either the Mediterranean Sea or Indian Ocean?locations where ?super-empowered individuals? have a ways and means to seek resolve?it is their current (but may not be their future) center of gravity. This event will not be for money. It will seek to harm lives, intimidate nations, and minimize the power and influence of the U.S. and its allies, NATO and other states.
Terrorists have already proven their capability to achieve devastating effects on land and via the air (Iraq, Afghanistan, North Africa and the World Trade Center). Their next potential target, less the USS Cole and shipping routes, will be to terrorize large civilian populations at sea.
I sincerely hope the global community recognizes what Marcus Tullius Cicero recognized circa 60 B.C. when he identified pirates in Roman law as hostis humani generis, "enemies of the human race." [5] Pirates are terrorists. I recommend we identify them as such.
I sincerely thank you for your time and look forward to any mentoring response.
Respectfully, MAJ D. Barton Cushen, US Army
MAJ D. Barton Cushen is a student at the satellite campus for the Command and General Staff College, Fort Gordon, Ga. His views are his alone and do not represent the views of the U.S. Army, U.S. Coast Guard or Department of Defense.
________________________________________
[1] Office of the Coordinator for Counterterrorism, Patterns of Global Terrorism 2002, US Department of State Publication 11038 (Washington, DC: State Department, April 2003), p. 13. Online at: http://www.state.gov/documents/organization/20177.pdf This document further states: ?For purposes of this definition, the term ?noncombatant? is interpreted to include, in addition to civilians, military personnel who at the time of the incident are unarmed and/or not on duty.?
[2] United States Department of Defense, Office of Joint Chiefs of Staff, Joint Publication 1-02: Department of Defense Dictionary of Military and Associated Terms (Washington, DC: United States Department of Defense,12 April 2001?As amended through 5 June 2003), p. 531. Online at: http://www.dtic.mil/doctrine/jel/new_pubs/jp1_02.pdf
[3] Counterterrorism Threat Assessment and Warning Unit, National Security Division, Federal Bureau of Investigation, Terrorism in the United States 1999: 30 Years of Terrorism ? A Special Retrospective Edition, (Washington, DC: United States Department of Justice, 1999), p.i. Online at http://www.fbi.gov/publications/terror/terror99.pdf
[4] Taken from ?Ending Somali piracy: few options for US forces? By TODD PITMAN, Associated Press Writer ? Tue Apr 14, 2009. http://news.yahoo.com/s/ap/20090415/ap_on_re_af/piracy_few_options_2 and ?Japan prepares planes for anti-piracy mission? By Reuters, 17 Apr 2009. Online at: http://www.alertnet.org/thenews/newsdesk/T312983.htm
[5] Taken from ?Schneier on Security?, By Bruce Schneier. A blog covering security and security technology. August 30, 2006. Online at: http://www.schneier.com/blog/archives/2006/08/terrorists_as_p.html
Major Cushen,
Thank you for those outstanding comments. A thread that connects piracy, the Mumbai attacks, and the emergence of self-propelled semi-submersibles for drug smuggling is unregulated small boats. International conventions focus on vessels greater than 300 gross tons. Our challenge is to create better transparency of the movements of the these millions of boats. See our post on AIS and LRT.
ADM A
Admiral:
Will the anti-piracy MARSEC Directive now in preparation be directed solely at the Horn of Africa region or apply to all pirate-infested waters (however that might be defined)? The issue is relevant in determining which US vessels,or all of them on international voyages (presumably it wouldn't affect domestic vessels), or some subset of all will need to update their Vessel Security Plans?
V/R
John Bennett
Outstanding blog, and I found out about it through Wired's Danger Room. I write in a blog called Feral Jundi, and I talk about the security contracting industry. Some of my topics include maritime security and the latest piracy issues. One of the ideas I have been hitting on, is bringing back the letter of marque as a tool for dealing with these guys. Either the recognized government in Somalia could issue them, or even the US could issue them (LoM is still listed in our constitution).
The other area I keep hitting on, is to put armed guards on the boats. I noticed that General Petraeus recommended the same thing. What is your recommendation on how to deal with the piracy issue in the Gulf of Aden?
Post a Comment
Links to this post:
Create a Link
<< Home