Piracy off the coast of Somalia.

AuthorSterio, Milena
PositionInternational Law in Crisis

The rise of piracy off the coast of Somalia over the last five years has been spectacular, amounting to a true crisis in international law. During the first six months of 2011, Somali pirates attacked 163 ships and took 361 sailors hostage. As of June 30, 2011, Somali pirates were holding 20 ships and 420 crew members, demanding millions of dollars in ransom for their release. Moreover, pirates have been attacking larger ships, such as oil tankers, and using more potent weapons, such as rocket-propelled grenades and automatic weapons. Pirates have also been attacking during monsoon season, an otherwise risky endeavor. According to the International Maritime Bureau Director, Pottengal Mukundan, "[i]n the last six months, Somali pirates attacked more vessels than ever before and they're taking higher risks." In sum, piracy has increased shipping expenses, costing an estimated $10 billion per year in global trade.

What has sparked this international law crisis off the coast of Somalia? Moreover, what can the international community do in order to alleviate the crisis and prevent piracy from spreading to other regions of the world? What should be the way forward? This paper will briefly address these issues by focusing first on the rise of piracy off the coast of Somalia, before turning to an examination of international law on maritime piracy, and by finally suggesting some solutions for the future in the global fight against piracy.

  1. INTRODUCTION II. BACKGROUND: PROLIFERATION OF PIRACY IN SOMALIA IN THE 21ST CENTURY III. INTERNATIONAL LAW AND PIRACY IV. THE WAY FORWARD? V. CONCLUSION I. INTRODUCTION

    The rise of piracy off the coast of Somalia over the last five years has been spectacular, amounting to a true crisis in international law. During the first six months of 2011, Somali pirates attacked 163 ships and took 361 sailors hostage. (1) As of June 30, 2011, Somali pirates were reported to have 20 ships and 420 crewmembers captive and were demanding millions of dollars in ransom for their release. (2) Moreover, pirates have been attacking larger ships, such as oil tankers, using more potent weapons, such as rocket-propelled grenades and automatic weapons. Pirates have also been attacking during monsoon season, an otherwise risky endeavor. (3) According to the International Maritime Bureau Director, Pottengal Mukundan, "[i]n the last six months, Somali pirates attacked more vessels than ever before and they're taking higher risks." (4) In sum, piracy has increased shipping expenses, costing an estimated 10 billion [pounds sterling] per year in global trade)

    What has sparked this international law crisis off the coast of Somalia? Moreover, what can the international community do in order to alleviate the crisis and prevent piracy from spreading to other regions of the world? What should be the way forward?

  2. BACKGROUND: PROLIFERATION OF PIRACY IN SOMALIA IN THE 21ST CENTURY

    Many signs point to Somalia being a failed state. (6) The country has lacked a stable government since 1991 and has been plagued by civil war and violence, and famine has been rampant over the last few years. (7) An average Somali person earns $600 per year. (8) In this cowboy climate of violence and poverty, piracy has thrived--perhaps unexpectedly. Pirates operate out of coastal Somali towns, where they are able to dock their own skiffs freely, and where they haul back their hijacked property and hostages. (9) Coastal towns in Somalia benefit economically from the proceeds of piracy and thus have no incentive to participate in anti-piracy operations. (10) The Somali government has no effective control of the various coastal regions where pirates operate, and is unable to respond with any effective law enforcement or military operation against pirates. (11) Reports indicate that piracy is supported by powerful Somali warlords, who exercise control over their respective regions of influence, and who routinely finance pirate attacks and reap the benefits thereof in case of a successful hijacking and ransom payment. (12) Until recently, international patrol ships sailing through the Indian Ocean have had no authority to enter the Somali territorial waters in pursuit of pirates, and no authority to penetrate the Somali land. (13) Thus, until recently, pirates operated with impunity within Somalia, and unless they were captured in the Indian Ocean, were able to complete their hijacking operation and, in many instances, earn multi-million dollar ransoms. It was not until 2008 that the U.N.'s involvement with anti-piracy efforts ended the Somali pirates' ability to operate with almost no repercussions.

    The pirate modus operandi has been relatively simple. Pirates congregate on a mothership and from there launch attacks using tiny skiffs. (14) Armed with AK-47s, rocket-propelled grenades (and in some instances, primitive weapons such as knives and small guns), pirates hijack victim vessels and sail them back to Somali ports. (15) Pirates often demand millions of dollars for the release of their victims from shipping companies and even the victims' home states. (16)

    Pirates and their warlords have prospered significantly in recent years. (17) A single successful pirate attack can yield thousands of dollars to an individual pirate. (18) Compared to the meager yearly income that average Somalis earn, it is understandable why piracy attracts so many young Somali men. Latest reports on piracy indicate that pirates are driven primarily by financial gain, and that pirates and warlords that often finance their operations have been prospering noticeably. (19)

    In light of the significant security and financial concerns caused by Somali piracy, the international community became involved in major anti-piracy operations starting in 2008. However, combating piracy continues to pose several difficult issues for international law and international institutions.

  3. INTERNATIONAL LAW AND PIRACY

    The above-described Somali piracy crisis has sparked a response by the international community. Faced with economic harm and the security threat posed by Somali pirates over the last decade, major maritime nations have begun anti-piracy operations on several fronts. Some of these operations have required modifications to the traditional rules of international law rules, in order to enable piracy-fighting nations to catch and prosecute pirates effectively.

    First, major maritime nations created several patrolling fleets, which routinely sail through the Gulf of Aden and which have succeeded in warding off numerous attempted pirate attacks. (20) International law in its traditional incarnation created a hurdle for the patrolling nations. Under the international rule of the law of the seas, every nation has the right to capture pirates on the high seas. (21) The high seas are defined as the body of water stretching beyond the twelve-nautical mile territorial sea of littoral states. (22) Patrolling nations, under international law, do not have the right to enter any nation's...

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