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21st Century Maritime Piracy

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Evan Cinq-Mars

on 26 February 2013

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Transcript of 21st Century Maritime Piracy

Piracy: Piracy Hotspots
(AER) Maritime Piracy? UNCLOS IMB "An act of boarding or attempting to board any ship with the apparent intent to commit theft or any other crime and with the apparent intent or capability to use force in the furtherance of that act." IMB, 2005. “Piracy consists of any of the following acts:
(a) Any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
(i)on the high seas, against another ship or aircraft, or against persons or property on board such ship
or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State; UNCLOS, Art. 101, 1982. SUA IMO
Piracy as contained in UNCLOS Art. 101...
“Armed robbery against ships” means any of the following acts:
1) Any illegal act of violence or detention or any act of depredation, or threat thereof, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on board such a ship, within a State’s internal waters, archipelagic waters and territorial sea;
.2 any act of inciting or of intentionally facilitating an act described above. IMO, A 26/Res.1025, 2010 "Piracy's"
Determining Factor:
JURISDICTION 1) Eliminates motive requirement of "for private ends";
2) Applies to any ship navigating to, through, or from territorial seas;
3) Widely expands prosecutable acts and limits jurisdictional requirements SUA, 1988 What is maritime piracy?

Why is it a problem?

How is it being dealt with?

What can be done better? PROBLEM:
Jurisdictional provisions (and differences) obscure the transboundary nature of non-state actors operating in a fluid environment MARITIME PIRACY:
Unlawful depredation at sea involving the use or threat of force possibly, but not necessarily, involving theft
and other crimes. IMB Piracy Map 2012 Why is maritime piracy
a security issue? Human Cost Economic Cost What are the drivers
of maritime piracy? Cultural
Acceptability Other Factors? Weak States Favourable
Geography Legal
Loopholes US EIA, 2012 Reuters, 2012 Transparency International, 2011 Economic dislocation Exploitation of fisheries The promise of reward
Land-based non-state groups using small to mid-size ships, increasingly sophisticated technologies and a variety weaponry Transboundary phenomenon
concentrated in globally significant regions and localities Tactical Nexus? Land-based conflicts Terrorism Transnational organized crime Littoral states User states Shipping industry Not this... Especially not this... More this. Global est/annum:
$500M - $25B Somali Piracy:
$7B (2011) Oceans Beyond Piracy, 2012 Global trade flows Increased maritime traffic Financial crises Proliferation of small arms Trends and Figures Worldwide As of Feb 2013:
22 attacks
2 Hijackings
7 Vessels, 113 Hostages held by Somali pirates IMB PRC, 2013 Total incidents per region, Jan-Dec 2012 ICC IMB, 2013 Data compiled from ICC IMB Reports, 2000-2012 Decreasing:
Somali piracy
Far East
Indian sub-continent Increasing:
Southeast Asia
Gulf of Guinea But.... "The actual problem of piracy in global waters is undoubtedly far greater...since a number of attacks - possibly as many as 50% - are not reported." RAND, 2008 Shipowners reluctant to alert authorities about attacks:
-Investigations and delays result in costs that shipping company must bear
-Reporting incidents raises maritime insurance premiums Killed: 219 Hostages: 6,530 Injured: 605 Stress, trauma, long-term physical, psychological impacts Since 2000 Efforts to Counter
Piracy Per vessel ransom
$150K (2005)
$5.2M (2010) Murphy, 2009 FATF, 2011 How does
piracy work? Three Main Types 1) Low-level:
Attacks against ships at harbour

2) Medium-level:
Theft against vessels in territorial waters or on high seas

3) Major hijacks:
Theft and conversion of ships for illegal trading...the 'phantom ship' phenomenon Toxic dumping US Navy, Getty Images S/2011/433 S/2011/433 S/2011/433 S/2011/433 S/2011/433 Pirates...
just the tip of the iceberg Sponsors &
Financiers Enabling
Officials Hostage and Ransom
Negotiators Operational Planners and Land-based Logistical Support Informal/Formal
Money Transfer
Operators 70+ States
Regional Organizations
International Organizations
PMSCs The Military
Response The Legal
Framework UN Security Council Somalia: 1816, 2077 Gulf of Guinea: 2039 Articles 100-107 Piracy / Armed Robbery High Seas / Territorial Waters Legal and Jurisdictional Issues Contested and Circumstantial Energy security The Cost Global: $25B Annually Somali: $7B (2011) Estimated:
1500-3000 Somali pirates $2.3 - $4.6 MILLION
PER PIRATE Figures elsewhere are uncertain,
but if counter-piracy costs are given at mid- to high-range
the expenditure on a
per-pirate basis is staggering Global Maritime Trade:
$5B+ Annually
(70-80% of all trade) Region-Specific
Organizations RAPPICC Political Engagement
Intelligence & Information Sharing
Naval Cooperation
Rule of Law
Industry-Specific Initiatives

AT SEA & ON LAND Intergovernmental Organizations Political Engagement
Intelligence & Information Sharing
Naval Operations
Rule of Law
Industry-Specific Initiatives

AT SEA & ON LAND Industry & Maritime Security Companies Deterrence
Boarding, Seizure and Arrest
Destruction Shipping Companies BMP4 PMSCs Insurers Planning and Operations Practices for Ship Operators Transiting AERs Industry-led with support from IOs, MNTFs UKMTO Industry Support Private Maritime Security Companies PROSECUTING
is declining... Enhanced naval operations
Enhanced information sharing
Enhanced industry safety practices ...but gaps remain Insufficient information on piracy networks

Role of PMSCs remain problematic

Legal and jurisdictional weaknesses

Shifting clusters of piracy

Naval operations not a panacea

COSTS Thanks for your attention! May the force of Pirate Yoda be with you. An Old Threat
Strikes Back
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