International oceans, environment, health, and aviation law.

• Author: Crook, John R.

United States Joins International Response to Somali Pirates

Somali pirates in small speedboats operating from ports in Somalia and from mother ships far offshore increasingly threaten shipping in the Gulf of Aden and the Arabian Sea. (56) Through November 2008, pirates reportedly attacked at least ninety-five ships in the Gulf of Aden, hijacking thirty-nine and holding them and their crews for ransom. (57)

Pirates' activities drew particular attention in September, after they captured and demanded ransom for the Faina, a Ukrainian-owned ship carrying thirty-three T-72 tanks along with grenade launchers, ammunition, and other materiel reportedly destined for Kenya's armed forces. (58) Five U.S. vessels were reportedly monitoring the Fainia in October. (59) (As of this writing (late-November 2008), the Faina remains under pirate control, closely monitored by U.S. and other vessels.) Other recent seizures included a Saudi-owned, Liberian flag supertanker seized hundreds of miles off the coast of Kenya with a full cargo valued at $100 million, (60) and a Philippines chemical tanker. (61) Some ships carrying badly needed aid cargos destined for Somalia have been seized. No U.S.-flag vessels have been attacked.

Somalia's weak central government has sought foreign assistance against the pirates. (62) Naval assets from the United States and several other countries are operating in the area, many as part of the multinational Combined Task Force 150. (63) Warships are patrolling in an International Maritime Organization-designated corridor in the Gulf of Aden and in adjoining waters. In April and again in September, French forces stormed and recovered two captured French yachts. (64) In late October, NATO dispatched a flotilla of six warships and an auxiliary to the area--including vessels from Germany, Greece, Italy, Turkey, the United Kingdom, and the United States. (65) Deployment of a separate European Union force has been complicated by questions in Germany and other countries regarding jurisdiction and rules of engagement. (66) In November, the INS Tabar, an Indian Navy frigate, sank a vessel that it believed to be a pirate mother ship, after the vessel reportedly refused to heave to and opened fire. (67) Also in November, an encounter between a British Navy vessel and pirates attacking a Danish vessel resulted in several fatalities. (68)

In October 2008, responding to a press inquiry, the U.S. Department of State posted a statement reviewing...