Credit: <em>Arab News</em>

Credit: Arab News

The piratical seizure of a Saudi supertanker seems to be motivating various parties to take aggressive action against pirates. There are, of course, calls to solve the political problems of countries like Somalia or breakaway Puntland in order to get at the ‘root causes’ of piracy. Most voices, though, are calling for military action against the pirates themselves.

Some are noting that if nondescript pirates can simply seize $100 million of cargo, there’s not much stopping a terrorist organization like Al-Qaeda from doing the same. It’d be a useful to quash piracy on the high seas before terrorist organizations took up the idea for themselves.

It’s clear that unlike the case of the Barbary Pirates of the 19th C., there are no states acting to support these pirates, no Deys of Algiers or Beys of Tunis. Some, as Arab News, call for hitting the pirates’ ports and wiping them out.

Although a new UN Resolution, voted in June, authorizes nations to use force against pirates, many nations are afraid of complications that would follow their arresting of pirates. The extra-nationality of the pirates could lead to problems in the enforcing countries’ own courts or even to the development of an ‘international Guantanamo’ detention center.

Lloyds’ List, from the insurance broker, advocates the use of private armed guards aboard valuable ships. I think that could work. Though it would increase the costs of the shippers (and ultimately consumers), the costs would be far less than having national navies escorting these commercial vessels. It would also avoid a certain amount of international dickering over rules of engagement and after the fact assessment of the proportionality of response.

The UK’s Guardian argues that paying ransom for the ships, cargoes, and crews is counterproductive. Not only is it inherently risky, but it teaches that crime does pay.

It’s pretty clear that this act of piracy has opened some eyes and energized some countries that hadn’t really given much thought to the matter. We can be sure that the insurance rates (and therefore costs) for cargoes will be leaping by at least a factor of ten. That alone should offset whatever costs are involved in hiring additional security and finding space for them aboard the ships.


November:18:2008 - 22:58 | Comments & Trackbacks (5) | Permalink
5 Responses to “Saudi Tanker Catalyst for Anti-Piracy Action?”
  1. 1
    ratherdashing Said:
    November:19:2008 - 00:24 

    I’m too tired to read it all now to refresh my memory, but there was a piece written a few years back that drew the similarities between piracy and terrorism. It details how we can use old concepts about piracy to fight today’s terrorist threat. Here’s the link and the money quote:

    http://www.legalaffairs.org/issues/July-August-2005/feature_burgess_julaug05.msp

    Coming up with such a framework would perhaps seem impossible, except that one already exists. Dusty and anachronistic, perhaps, but viable all the same. More than 2,000 years ago, Marcus Tullius Cicero defined pirates in Roman law as hostis humani generis, “enemies of the human race.” From that day until now, pirates have held a unique status in the law as international criminals subject to universal jurisdiction—meaning that they may be captured wherever they are found, by any person who finds them. The ongoing war against pirates is the only known example of state vs. nonstate conflict until the advent of the war on terror, and its history is long and notable. More important, there are enormous potential benefits of applying this legal definition to contemporary terrorism.

  2. 2
    John Burgess Said:
    November:19:2008 - 00:31 

    I like that quote, but it misses a very important factor. Law of the Sea is very, very different from regular, land-based law. Law of the Sea does not require lengthy trials and appeals, it has no place for international courts.

    While I could certainly back transferring all terrorism cases to Sea courts, I don’t see that happening.

    BTW, the author of that piece is no relation!

  3. 3
    chucho Said:
    November:19:2008 - 09:05 

    I was a bit disturbed by the Arab News editorial calling for a Western naval assault on Somali ports, which would undoubtedly lead to the collateral damage the Arabs are so upset about when it comes to Western military actions. Also, there’s no doubt these guys are bandits who would likely execute hostages if threatened — but calling them “murderous” is a bit premature since they actually haven’t killed anyone (unless I’m wrong on this). Calling for military strikes seems very “un-Saudi,” which is no surprise since AN leaders are not written by Saudis.

    Certainly something needs to be done, such as arming and escorting cargo ships though troubled waters. Naval assaults on ports where pirates embark seems very “colonial” to me.

  4. 4
    Sparky Said:
    November:19:2008 - 11:45 

    That cartoon pic is so darn cute but it illustrates a point. How can such a tiny fish take a bite and overtake a mightly whale? I suppose it is true that the motion in the ocean is what counts not size.

  5. 5
    mohmud Said:
    November:28:2008 - 12:17 

    I am somali against piracy in my country,i believe a millitary action to be taken against piracy is not profitabl at moment,because somali coast is too long to detect any body with a small boat intering the sea.they could be pirates they could be fishermen,how ever an accurate intteligence reports at the ground needed first,that isnot difficul as well as it is effective.
    mohoud

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