Transcript Slide 1

Modern Day Piracy
Current Events, Legal Issues, and Political Responses
RADM William Baumgartner
Judge Advocate General
September 21, 2009
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Overview of Modern Day Piracy
• Straits of Malacca and Singapore
• Gulf of Guinea
• Off the Coast of Somalia (HOA Region)
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2008 Worldwide Pirate Attacks
• 49 vessels hijacked
• 46 other vessels fired upon
• 889 crewmembers taken
hostage
• 32 crewmembers injured
• 11 crewmembers killed
• 21 crewmembers missing –
presumed dead
“Where there is a sea,
there are pirates.” Greek proverb
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SOM – HOA Piracy Comparison
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Straits of Malacca
Small geographic area
Nearly all within territorial
waters
Functioning governments
(patrol forces,
surveillance, judicial)
“Hit and run” property
crimes, kidnapping, or
complete takeovers
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Horn of Africa
Large geographic area
Mostly international
waters
No functioning
government in Somalia;
others vary in capability
“Open and notorious”
hostage taking
(sanctuary)
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Seychelles
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M/V Faina
Hijacked 28 September
2008, with its cargo
of 33 T-72 tanks and
other weaponry.
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M/V Faina
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Released 5 February 2009 after paying $3.2 million.
M/T Sirius Star
– Saudi supertanker loaded
with $100
million worth
of crude oil
– Hijacked 15
November
2008
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Released 11 January 2009 - $3 million ransom paid
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Piracy is big business in
Somalia
– Ships and crews are hijacked
for ransoms
– Average detention: two months
– Average ransom: $1 - $2 million
– $80 million ransom paid to
Somali pirates since 2008 (est.)
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• Principles of jurisdiction
• Piracy as a universal crime
• Domestic legislation
• 1988 Convention on the Suppression of Unlawful
Acts against Maritime Navigation (SUA)
• United Nations Security Council Resolutions
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PRINCIPLES OF
JURISDICTION
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TERRITORIAL
NATIONALITY
PROTECTIVE
UNIVERSAL
PASSIVE PERSONALITY
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UNCLOS Article 101
Piracy is defined as 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 … and directed
(i) on the high seas against another ship… or against
persons or property on board;
(ii) Against a ship, aircraft, persons or property in a
place outside the jurisdiction of any State.
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UN Convention on the Law of
the Sea
Article 100
All States shall cooperate
to the fullest possible
extent in the repression of
piracy on the high seas or
in any other place outside
the jurisdiction of any
State.
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RIGHT OF VISIT - ART 110,
LOSC
• Warship May Board Foreign Vessel on
High Seas / EEZ if Reasonable to
Suspect:
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PIRACY
SLAVE TRADE
UNAUTHORIZED BROADCASTING
WITHOUT NATIONALITY
the ship is in reality THE SAME
NATIONALITY AS WARSHIP
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• Article 105 UNCLOS provides that –
• Every State may:
– Seize a pirate ship or aircraft or a ship or aircraft taken by pirates;
and
– Arrest the persons and seize the property on board.
• The courts of the State which carried out the seizure may:
– Decide upon the penalties to be imposed; and
– May determine the action to be taken with regard to the ships,
aircraft or property, subject to the rights of third parties acting in
good faith.
• Article 107 UNCLOS provides that any warship or military
aircraft, or other clearly marked government vessel may 42
seize pirates.
UNIVERSAL PRINCIPLE
• Crimes of Universal Jurisdiction
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Piracy
Slave Trade
War Crimes
Genocide
Crimes Against Humanity
Aircraft Piracy
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NATIONAL
LEGISLATION
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IMPORTANCE OF NATIONAL
LEGISLATION
• International
Law - What
May Be
Regulated
• Domestic Law
- What Is
Regulated
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• Ensure courts are
competent to hear
piracy offenses
• Process to handle
claims for
compensation
• Assisting Other
Nations
• Facilitating Transfer
Logistics
• Incident Reporting
Requirements
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THE 1988 CONVENTION FOR THE
SUPPRESSION OF UNLAWFUL
ACTS AT SEA (SUA)
• 154 of the world's States are parties
• Establishes a framework whereby a coastal
State Party is obliged to accept custody of
suspected SUA offenders
• The coastal State Party is required to
investigate and then prosecute or extradite
• SUA offenses are violence against maritime
navigation (may overlap with piracy offenses)
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UNITED NATIONS SECURITY
COUNCIL RESOLUTIONS
• Most recent is 1851(2008)
• IMO Assembly Resolution (A.1002(25)) was
part of foundation for the series of 2008
UNSCR’s
• 1851(2008) authorizes into Somali territorial
sea territory and to fight counter piracy (with
consent of TFG)
• Will be revised/renewed in the coming
months
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• Military/Operational
• Political/Diplomatic
• United States Government Counter Piracy Plan
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India
Australia
Iran
Saudi Arabia
Belgium
Italy
Singapore
Canada
Japan
Spain
China
Malaysia
Sweden
Denmark
Netherlands
SwitzerLand
France
Norway
Turkey
Greece
South
Korea
United
Kingdom
Russia
United States
Germany
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The Coast Guard Role
Authorities/Missions
• Armed Force at all times
• Primary U.S. maritime law enforcement agency
with worldwide authority
• Regulate maritime industry for safety & security
• Primary U.S. voice at International Maritime
Organization (IMO)
• U.S. Competent Authority for primary
international maritime security instruments
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Prevention
Response
Prosecution
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Prevention
•Establish
Contact Group
•MSPA
•Vessel security
measures
•Strategic
Communications
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Response
• Counter-Piracy
Coordination Center
• Seize/Destroy Pirate
Vessels
• Interdiction Capable
Presence
• Shiprider/Regional
Agreements
• Dismantle Pirate
Bases Ashore
• Disrupt Pirate
Financing
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Prosecution
• Custody and
Prosecution
Agreements and
Arrangements
• Encourage SUA
Jurisdiction
• Encourage Other
Conventions Use
(TOCC, Hostage
Taking, Terrorist
Financing, etc.)
• Enhance
Regional State
Prosecution
Capabilities 59
Kenya
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Prosecution – M/T POLARIS
• Armed security has been effective
• Legal concerns include:
– Direct and vicarious criminal liability
– Civil liability
– Potential difficulties in obtaining insurance
– Compliance with arms laws
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Questions???
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