Maritime Piracy in Somalia - Measures of Day to Day Confrontation with the Risk of Piracy

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Maritime Piracy in Somalia - Measures of Day to Day Confrontation with the Risk of Piracy Erasmus University Rotterdam MSc in Maritime Economics and Logistics 2010/2011 Maritime Piracy in Somalia - Measures of day to day confrontation with the risk of piracy by Andreas Gritsopoulos Copyright © MSc Maritime Economics and Logistics - 1 - Acknowledgements This thesis is the epilogue of a long journey full of experiences and knowledge. But this journey would not have been of the same value without the support and encouragement of many people. I would like to express my sincerest thanks and my gratitude especially to Mr. John Platsidakis, Managing Director of ANANGEL MARITIME SERVICES INC. for his support and trust in my abilities. I would also like to express my thanks to Ms. Michele White, General Counsel of INTERTANKO & INTERCARGO, to Rear Admiral (ret.) Antonios Papaioannou HN, Mr. Dimitrios Papandreou, Ministry of Foreign Affairs, Hellenic Republic, Mr. Bill Box, INTERTANKO, Mr. David Jones, General Manager of INTERCARGO and all those, who attributed in the realization of this research. Finally I would like to thank both my parents, Maria and Tasso for their unending and unconditional support all these years of studies and most of all for the their most precious and useful guidance in life. - 2 - - 3 - Table of Contents Acknowledgements .......................................................................................................- 2 - Table of Contents ..........................................................................................................- 4 - Table of Figures ............................................................................................................- 7 - Abstract ..........................................................................................................................- 8 - Introduction .................................................................................................................. - 10 - Chapter 1: Piracy and Ship management. Definitions ............................................. - 12 - 1.1 Definition of piracy. The offence and the offenders ....................................... - 12 - 1.2 Additional legislation ......................................................................................... - 15 - 1.3 Dominus navis et exercitor navis ..................................................................... - 16 - Chapter 2: Piracy and Somalia .................................................................................. - 20 - 2.1 Somalia. Destabilization and criminality .......................................................... - 20 - 2.1.1 Somalia. Historical overview ......................................................................... - 20 - 2.1.2 Somalia. Current political situation ............................................................... - 21 - 2.2 Somali piracy ..................................................................................................... - 23 - 2.2.1 The offenders ................................................................................................. - 23 - 2.2.2 The victims ..................................................................................................... - 26 - 2.2.3 Range of activity ............................................................................................ - 27 - 2.3 Conclusions on Somali Piracy ......................................................................... - 30 - Chapter 3: State initiatives against Somali piracy .................................................... - 31 - 3.1 United Nations and Somalia based piracy. Implication and initiatives ......... - 31 - 3.2 International counter piracy military action ..................................................... - 33 - 3.2.1 EUNAVFOR Somalia - Operation Atalanta ................................................. - 34 - 3.2.2 Combined Maritime Forces (CMF) – Combined Task Force 151 (CTF –151) - 37 - 3.2.3 NATO involvement in counter piracy operations ......................................... - 39 - - 4 - 3.2.4 Indian Navy Involvement ............................................................................... - 39 - 3.3 Conclusions on State initiatives in response to Somali based piracy risk.... - 40 - Chapter 4: International Maritime Community actions and reactions ..................... - 42 - 4.1 International maritime community initiatives ................................................... - 42 - 4.1.1 Designated self protection measures guides .............................................. - 42 - 4.1.2 The issue of armed guards ........................................................................... - 47 - 4.2 Flag states initiatives aiming to the fortification of international shipping against piracy ........................................................................................................... - 49 - 4.2.1 Contact Group on Piracy off Coast of Somalia. The New York Declaration ... - 50 - 4.2.2 Flag states – additional initiatives ................................................................. - 51 - Chapter 5: Conclusions .............................................................................................. - 53 - Bibliography & Other sources .................................................................................... - 55 - Books ........................................................................................................................ - 55 - International legislative documents & Circulars .................................................... - 55 - International Maritime Organization Documents.................................................... - 55 - National Legal documents ...................................................................................... - 60 - United Nations Documents .................................................................................... - 60 - Personal Communications ...................................................................................... - 62 - Academic Papers & Articles ................................................................................... - 62 - Other publications ................................................................................................... - 63 - International Press .................................................................................................. - 64 - Web links .................................................................................................................. - 65 - Appendix 1 ................................................................................................................... - 67 - Appendix 2 ................................................................................................................... - 68 - Appendix 3 ................................................................................................................... - 69 - Appendix 4 ................................................................................................................... - 75 - - 5 - Appendix 5 ................................................................................................................... - 80 - Appendix 6 ................................................................................................................. - 110 - - 6 - Table of Figures Figure 1: Somali pirates weaponry confiscated by EUNAVFOR. Source: AP .... - 23 - Figure 2: Ladder used to embark on victim vessel. Source: ASGL© .................. - 24 - Figure 3: Dummy doll in seafarer‟s uniform, showing the alertness of crew on board ........................................................................................................................... - 45 - Figure 4: Hot steam water installation................................................................ - 45 - - 7 - Abstract The current thesis examines the issue of maritime piracy as exercised by Somali nationals with a special focus on the post 2005 era and the response of the international community; both on state and industry level as presented and analyzed, in order to give the reader a sound and in depth understanding of the problem. Somalia based maritime piracy constitutes an issue of paramount importance for international shipping and cooperation and contribution of all interested parties is of vital importance in order to achieve a globally accepted and enforced policy aiming to the securitization of international seaborne trade. - 8 - - 9 - Introduction The first decade of the 21st century found the international maritime industry unprepared for what would later prove to be the worst nightmare for hundreds of thousands of people working in the industry and their families. When the civil war in Somalia started in 1991, it seemed as another internal conflict of the African continent with all collateral damages for the people of Somalia; but no one would predict the underlying risks of such a conflict in a country of excess geostrategic position not only for the country itself, but for the international community; for international security and stability; for international peace. Until 2005, when Somali abandoned their pacific lives of fishermen and turned into pirates initiating their piratical attacks against merchant vessels and their crews on an extended and organised level in the area of the Gulf of Aden.1 Ever since the situation seems to be out of the control of the international community with hundreds of attacks taking place yearly and thousands of seafarers living the horrific experience of hostage, giving
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