DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI military policy |NATO | |International law |Maritime security |PSCsItalian costs of piracy, therole of NATO inthefight againstpiracy. legal andhumanitarian problems on insuringpiracyrisk,the the relation betweensmartdefence and maritime security, the relations, theprosecution of pirates, thepolicy of ship-owners, on boardcommercial ships, maritime piracyandinternational implications of piracyandrole of navies, thearmedpersonnel several important questions, including thegeo-political wide-ranging andthought-provoking presentations on Studies on 28November 2013.Eminent speakers delivered Law (IIHL),andheldinRome at theCenter for Higher Defence cooperation with theInternational Institute of Humanitarian was organized bytheInstitute for International Affairs (IAI),in territorial waters. An international conference on thisissue relevant actsoccurnotonly on high seasbut increasingly on to thefreedom of theseas,particularly considering that the major threat tointernational tradeandmaritime security and The criminal phenomenon of piracyhasresurfacedasa Abstract edited byChiaraAltafin International Community and theRole of the The Threat of Contemporary Piracy keywords DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI 2 CA and thought-provoking presentations weredelivered byeminent speakers. risk, thecostsof piracy, therole of NATO inthefight againstpiracy. Comprehensive additional topics, namely thelegal andhumanitarian problems on insuringpiracy and maritime security. Thethirdsession provided for ananalysis on anumber of prosecuting pirates, the policy of ship-owners, the relation betweensmartdefence and international relations. The second session examined the significant issues of navies, thearmedpersonnel on boardcommercial ships, thequestion of piracy It wasarticulated inthreesessions. Thefirstsession focused mainly on the role of renowned experts,public andprivate stakeholders, specialists andacademics. together representatives of military institutions andinternational organizations, at theCenter for Higher Defence Studies (CASD)on 28November 2013andbrought * 5 4 3 2 1 The conference wasintroduced byAdmiral Rinaldo Veri scientific supervision of Prof. Natalino Ronzitti. of Contemporary PiracyandtheRole of theInternational Community”, underthe of Humanitarian Law (IIHL), organized an international conference on “The Threat The Istituto Affari Internazionali (IAI),incooperation with the International Institute edited byChiaraAltafin* of theInternational Community The Threat of Contemporary PiracyandtheRole and theRole of theInternational Community The Threat of Contemporary Piracy . their presentations. their Internazionali (IAI) in cooperation with the International Institute of Humanitarian Law (IIHL). Law of Humanitarian Institute International the with cooperation in (IAI) Internazionali Affari Istituto the by 2013 Rome November on in 28 organized Community”, International the were madebyProf. Ronzitti, who also chairedthefirstsession; Ettore Greco presenting ageneral outlook of thecurrent legal framework; concluding remarks Report of the international conference on “The Threat of Contemporary Piracy and the Role of the and Piracy of Contemporary Threat on “The conference international of the Report Chiara Altafin is PhD candidate, Law Department, European University Institute (EUI), Florence. (EUI), Institute University European Department, Law candidate, PhD is Altafin Chiara

Natalino Ronzitti is S is Ronzitti Natalino Ettore Greco is Director of the Istituto Affari Internazionali, Rome. Internazionali, Affari Istituto of the Director is Greco Ettore Rinaldo Veri is President of the Center S for of the Higher Defence Veri President is Rinaldo The names of the speakers are mentioned infra in connection with the topics they dealt with in in dealt with topics they the with connection in infra mentioned are speakers of the names The Fausto Pocar is President of the International Institute of Humanitarian Law, S of Humanitarian Institute International of the President is Fausto Pocar S D), Rome. cientific Advisor at the Istituto Affari Internazionali (IAI), Rome. (IAI), Internazionali Affari Istituto the at Advisor cientific 1 The conference was held in Rome tudies (Centro alti studi per la difesa - difesa la per alti (Centro studi tudies 3 andProf. Fausto Pocar, anremo. 2 4 5

DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI 3 S Center for S Military the by 2012 in commissioned of Aden Gulf the in of piracy costs and S European CA by organized were The persistenceof thethreat isstill alive though. Only an impressive amount of where it basically disappeared insome years while inothersit againskyrocketed. Somali piracyhasbeencharacterizedbyastrong volatility of thephenomenon, of Somali piracyasanimportant but also fragile success. S However, it wasemphasized that experts agreed on considering thestrong reduction grey financial transactions. Somali-based piracy networks as well as favouring stricter international control on stability of Somalia hasplayed arole inreducing thesupport on theground to of private security armedguards.Besides,arelative improvement inthepolitical measures on boardagrowing number of commercial vessels, including theuse respectively. Nonetheless, such declinerelies on theadoption of preventive important ones, theNATO Operation OceanShield andtheEUOperation Atalanta to October2013,wasdue toseveral successful naval missions, including themost highlighted, thedrop inpiracyoff thecoasts of Somalia, with only tenattacks up 8 7 6 continuing violent attacks off theEast and West coasts of . maritime piracyisat its lowest third-quarterlevel since2006,despite threats of As shown byarecent report of theInternational Maritime Bureau, at present scene of theconference. monitoring issues on piracywereprimarily addressedbyAdmiral Veri, who setthe trade andmaritime security andtothefreedom of the seas.In thisvein, some The criminal phenomenon of piracyhasresurfacedasamajor threat tointernational Introduction chaired thesecond session, while Fabio Caffio and theRole of theInternational Community The Threat of Contemporary Piracy current maritime security framework. conference confirming theevolving dimensions of contemporary piracyinthe What follows isasummaryof themainissues andpoints debated during the general debate waschairedbyProf. Pocar. Report.pdf. 2013 December B Maritime S missing. reported one is and injured, were 21 killed, was seafarer One kidnapped. 36 and Totally, hostage taken were crew 304 thwarted. were attacks 28 afurther while 202, at boarded and 22, at fired vessels, 12 hijacked pirates 2013 in 2012; in 585 with compared 2013, in hostage taken people fallen noticeably,304 has with hostage-taking also 2012; in 233

tudies was cited. was tudies He primarily referred to two important training courses on fighting the threat o threat the on fighting courses training important to two referred He primarily Fabio Caffio is Vice of the (ret.). Navy theItalian of Admiral is Vice Fabio Caffio According to the ICC-IM to the According Piracy and armed robbery against ships – Report for the period 1January-31 for the period ships against –Report robbery and armed Piracy ureau, ecurity and Defence College; in the same vein, a research paper on the economics economics on the paper aresearch vein, same the in College; Defence and ecurity , available at http://www.ship.sh/attachment/files/2013_Annual_IM B russels in 2012 in the framework of the of the framework the in 2012 in Brussels in and VeniceSD in 2011 in 2013 annual report, 264 piracy incidents occurred in 2013, down from from down 2013, in occurred incidents piracy 264 report, annual B 2013 7 6 chairedthethirdone. Thefinal ee ICC International ICC International ee ince 1991thehistory of 8 As Admiral Veri f piracy, which f piracy, which _Piracy_ trategic trategic DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI 4 the coastal State, which istherefore requiredtoensurethefreedom of navigation and state jurisdiction. Indeed, theterritorial waters fall underthejurisdiction of high seas,andthisisinobservanceof theprinciples of state territorial sovereignty However, thetraditional legal notion of piracyisrestricted toactsperpetrated on the commercial ships, which applies bothtothehigh seasandtheterritorial waters. Sea, namely thefreedom of theseasand particularly thefreedom of navigation of crime istheprotection of one of themostsignificant principles of the Law of the As Prof. Pocar underlined,the basic reason for regarding piracyasaninternational place outside thejurisdiction of any State. persons or property on board,but which hastotake placeon thehigh seasor ina passengers of aprivate ship anddirectedagainstanothership or aircraft or against or detention, or anactof depredation, committed for private endsbythecrewor particular, under Article 101of UNCLOS piracy is definedasan illegal act of violence those contained intheGeneva Convention on theHigh Seasof 20April 1958. Convention on theLaw of theSea(UNCLOS) of 10December1982,which repeat that codify international customary law and are reflected in the United Nations the international legal framework inwhich issues on piracyariserelies on rules community inrecent times,it isnotanewphenomenon or trend.In thisregard, Although piracyhascome tothefrequent attention of theinternational contemporary piracy. suggesting theappropriateness of aconstant focus on theevolving dimensions of similar tothat intheGulf of Aden intheyears 2008-2012 with such ascenario, so Gulf of Guineaconsider only afew of thempredicting areplica of thesituation he emphasized that analysts’ discussion on theevolutionary trendsof piracyinthe than for thekidnapping of thecrewandthennegotiating theirransom. In thisvein, as thevessels are attacked andseizedmore for immediate looting of cargos rather for international maritime security, although differently from the , Lopez, Gabon, toCape Palmas, , represents indeedanotherrisinghotspot for thetimebeing.According toAdmiral Veri, thelatter, which extendsfrom well asagrowing intensity of piracyinWest Africa’s Gulf of Guineaareregistered Conversely, persistence in the levels of arms robberies and piracy in Eastern as minimum rule of law insidethecountry. efforts of the African Union andtheinternational community inrebuilding a to the ongoing process of political domestic stabilization and the success of the an emergingissue, now thefuture of piracyinSomalia appears prettymuch linked sustainability in the long-term of the costs related tosuch contrast could become other illicit activities such ashuman trafficking orarmstrafficking. While the and forced the pirates’ financial support to move the resources elsewhere or to international public andprivate countermeasures hasquizzedthephenomenon and theRole of theInternational Community The Threat of Contemporary Piracy 9 convention.htm. http://www.un.org/Depts/los/convention_agreements/convention_overview_ 1982, 10 December s ee Articles 100-107 and 110 of the United Convention 100-107 (UNCLO Nations on of of the the Law Sea 110 and Articles ee ) of of S) 9 In In DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI 5 2 June 2008; S 2 June2008; under theUNCLOS). the territorial waters (namely, theotherway around inrespectof what isprovided of consent, rather authorizing the pursuit of a foreign ship from thehigh seas into Security Council resolutions have beenvery careful nottotouch on thequestion law concerning piracy on the high seas applicable also to territorial waters, the that consent might become relevant. However, inmaking therules of international of thecoastal State isnotnecessary;on the contrary, ifthenotion changesthen Pocar, ifit remainsauniversal crimeasit ison thehigh seasprobably theconsent notion that would imply theconsent of the coastal State. In thisvein, for Prof. current phenomenon aspiracyor, instead,whether weareadopting adifferent of piracy. In particular, thebasic issue that arisesiswhether weareaddressingthe this phenomenon occurs,it isimportant toquestion theevolution of thenotion Accordingly, it wasunderlinedthat, inconsidering thelegal environment inwhich to robbery interritorial waters, though theacts areactually thesame). notion (inthesensethat SCresolutions normally do notspeakof piracyrather refer and allows actions byStates therein,without necessarily changingthat traditional the high seas,but nevertheless addressestheproblems arisinginterritorial waters 10 drawn byAdmiral Filippo MariaFoffi, A comprehensive overview of therole of navies tocontrast maritime piracywas 1. Thegeo-political implications of piracyandtherole of navies resolutions adopted up tonow on thismatter. notion of piracyhasnotbeenmodified bythe United Nations Security CouncilSC) ( of navigation inits territorial sea.However, according toProf. Pocar, thetraditional concerning areaswhere thecoastal State isnotinaposition toprotect thefreedom take placeintheterritorial waters toalargeextent, andnotonly on high seas, Conversely, therecent phenomenon of piracyhasshown that therelevant acts against private ships. and toadopt measures that prevent and repressactsof thekindmentioned above and theRole of theInternational Community The Threat of Contemporary Piracy 11 consequent role of safeguarding theeconomic interests of theterritorial sea. reaffirming theprinciple offreedom of navigation onthe high seasaswell asthe also extendingtheanalysis totheperception of thephenomenon bynavies in the field, sheddinglight on thepurely military aspects of the fight againstpiracy, RE documents/resolutions. RE 22 November 2011; S 2011; November 22

s Filippo Maria Foffi is Commander in Chief of the Italian Fleet. theItalian Chief of in Commander is Foffi Maria Filippo S S ee, on piracy off the coasts of S coasts the off on piracy ee, /1897 (2009) of 3 November 2009; S 2009; of 3November (2009) /1897 S UN All 2011. of 31 October (2011) /2018 /RE S /1846 (2008) of 2 December 2008; S 2008; of 2December (2008) /1846 /RE S /2077 (2012) of 21 November 2012. S 2012. November of 21 (2012) /2077 omalia, S omalia, /RE S C resolutions are available at http://www.un.org/en/sc/ available are C resolutions /1950 (2010) of 23 November 2010; S (2010) November of/1950 23 /RE 11 who highlighted theinternational efforts in S /1814 (2008) of 15 May 2008; S 2008; May of 15 /1814 (2008) /RE 10 It seemstoacceptthenavigation on S /1851 (2008) of 18 December 2008; S 2008; December of 18 /1851 (2008) ee, on piracy in the Gulf of , S of Guinea, Gulf the in on piracy ee, /RE /RE S /1816 (2008) of /1816 (2008) S /2020 (2011) of (2011) /2020 / / DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI 6 12 coastline. populations live ingreat majority (around 90%)within 200kilometres of the of communication constitute a basic principle embraced by all nations, whose on earth, freedom of navigation on the high seas and free access to the sea lines In view of globalization andtheincreasedinterdependence of people andgoods and theRole of theInternational Community The Threat of Contemporary Piracy freedom of the high seas”. high of the freedom all by S exercised be shall freedoms “These and law” of international rules other by Convention and this by down laid conditions the under exercised is 87, seas high of the Article “Freedom under seas”; high on the S “Every 90, Article are indeedhigh strategic arenafor thoseStates whose economies arestrongly The ,theArabian gas tankers. coordinated thanthoseoperating intheHorn of Africa) areusedtoattack oil and particularly inNigeria where extremely violent groups (well-equipped andbetter Bureau released areport focusing its attention on theGulf of Guinearegion, different features in . On16October2013,the International Maritime has become asignificant challenge inSouth-East Asia andit isspreadingout with However, thiskind of criminal activity isnotexclusive totheHorn of Africa, but it central government able tocontrol mostof theSomali territory since1991. of coastline(thesecond longest coastlineof theAfrican ), haslacked a around theHorn of Africa, where Somalia, acountry with over 3,000kilometres S often instable countries. worth theriskfor thousandsof unemployed people living indesperately poor and Even though it isintrinsically dangerous, piracyremains aprofitable activity and States, cultural acceptability, andtheopportunity for rewardinorder toflourish. number of factors such as a permissive political environment, weakness of the local as an indisputable collective need. Piracy is a crime that requires the presenceof a and hasled theresponse topiracybeuniversally recognized byinternational law against theentire society; this firmbelief hasbecome increasingly rooted inhistory as amoderntransnational threat with unique features. Firstly, it istheoldestcrime to maritime domain remains maritime piracy, as it has resurfaced in recent years One of thechallenges presently facedbythe global security environment related , Asia andAfrica. twenty percent of theseatradepassesthrough thisbattled basin,connecting the Mediterranean Seaplays acritical role inthisglobal maritime traffic net,since Panama Canals. Although representing only one percent of theworld sea-surface, Strait of Gibraltar, theBosporus Strait, the Strait of Malacca, andS including theS over 90%of theglobal economic traffic, of which 95%passthrough keycheck points, ince 2008,piracyhasincreasingly become anunprecedented threat inthewaters

The UNCLO The 12 Seaboardtradinghasincreasedover thelasthalf century and it standsat codifies the legal rules governing the freedom of navigation principle: under under principle: navigation of freedom the governing rules the legal S codifies uez Canal andtheStrait of BabelMandeb,theStrait of Hormuz, the tate, whether coastal or land-locked, has the right to sail ships flying its flag its flying ships right to sail the has or land-locked, coastal whether tate, tates with due regard for the interests of other S of other interests for the due regard with tates Sea, theHorn of Africa, and the tates in their exercise of the of the exercise their in tates ingapore and DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI 7 appropriate way toensureacredible presence of the international community in the “sea-based” concept. For thisreason, navies continue torepresent themost operations arebased (“on thesea” and“from thesea” tothe land), thus strengthening has identified theseaas only possible dimension where all counter-piracy ground policy” adopted bytheinternational community, still underharshscrutiny, root causes of which still resideintheSomali territory, the“no-boots-on-the- Although criminal piracy activities at sea arede factotheeffects of thisphenomenon, allow piracytoboom inthat . piracy intheHorn of Africa region, but it hasfailed to changethedynamics that navies at sea,theinternational community hasbeenable tomitigate theriseof After more thanfive years of effort andthankstothe constant commitment of treat thesymptoms rather thandefeating thethreat. , ,, andYemen), navies asfront-line entities have beenable to national counter-piracy missions (,, Iran, , theRepublic of Korea, forces (NATO, EU, andacoalition led bytheUnited States) andnineindependent naval deployment intheHorn of Africa region, which seesthreeinternational task been called toplay apivotal role infighting piracy. In theextraordinary maritime this reason, supported byaresponsive role within theUnited Nations, navies have which isprevalent inland-basedordinary law crimes,such asrobbery or theft.For acts of piracyhasrequiredmore thanthetypical police-prosecution cooperation, S international commitment tocountering piracyoff thecoast of Somalia. threatening one of the most primary trade routes that hasdrawn an expansive exactly the enormous potential risk of economic shock of small criminal groups several consequences in the medium-long term if not tackled opportunely. It is According toAdmiral Foffi, piracyisan alarmingphenomenon that may have of theusual maritime peril. piracy among “warrisks”charging much higher insurancecoststhaninthecase from thegreat economic flow. As animmediate consequence thelaw hasincluded the Cape of GoodHope, circumnavigating Africa andcutting off the Mediterranean Mediterranean, asmany stakeholders may prefer todivert maritime tradetraffic to community iswell aware of theconsequences thethreat of piracymay have on the tons in2001toalmost tenbillion tons in2012.In thisregard,theinternational the amount of goods transported by sea has significantly increased from six million of theso-called “balled goods” traffic, aretransiting daily. Moreover, inrecent years where two-thirds of global oil trade,half of thewhole container traffic, and onethird hundred areItalian flaggedships. Conversely, the Indian Oceanisahigh route ships, of which sixthousandarestrictly linked tonational interests andfifteen The andtheSomali Basinarecrossed byover twenty-five thousand Mediterranean”; Italian political, economic andsocial interests areat stake. They constitute afundamental portion of thegeopolitical concept of the“wider interlinked with these zones, as in the case of and the European Union. and theRole of theInternational Community The Threat of Contemporary Piracy ince piracytakes placeon thehigh seas,often very farfrom theshore, combating DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI 8 could becontextualized within thenavy historical role of naval diplomacy, which programs on maritime capacity building. As Admiral Foffi suggested, thisaction awareness andtohelp develop constant surveillance capabilities, also through engagements” in order to acquire confidence and influence local leaders to improve emphasized bydiplomatic action on landthrough theso-called “key leader naval instruments. Already consolidated navy action at seaisappropriately undergone adeepmodernization process favouring amore flexible andbalanced In view of theseaspects,mostWestern navies, including theItalian one, have assets, andoverall ships able tointervene quickly. special forces, marineboardingteams, airandunmannedaerial vehicle (UAV) tools to be used for estimating autonomy in performing surveillance capabilities, adequate coordination among all operating assetsandentities requireappropriate meteorological conditions, thepeculiarities of thethreat aswell astheneedfor an However, Admiral Foffi stressedthat theextent ofthearea of operations, theuneasy globe, from B exchanging of information among thirty-three navies operating throughout the is asuccessful andambitious Italian project that startedin2004and allows the the international level, theVirtual-Regional Maritime Traffic Centre (V-RMTC) agency actors undertheleadership of thePrimeMinisterandhisCabinet.At application of such concept at national level, gettingtogetherall national maritime interministeriale integrato di sorveglianza marittima -DIISM) isthepractical approach at national andinternational level. Theinteragency centre (Dispositivo Integrated Maritime S in thefield of information gathering andsharingis at the foundation of Italian prevent and deter pirate attacks. In this regard, the commitment of the Italian Navy and civilian, toachieve aneffective integrated surveillance could bebeneficial to necessary. Then,bettercoordination among national operational centres, military as intensive intelligence information sharingamong all theactors involved is According toAdmiral Foffi, extensive surveillance coverage oftheareaaswell initially assessed. clearly prove that thepiracyphenomenon isbetterorganized andstructured than to rapidly counteract navy attacks adopted byNATO, EUandtaskforce coalition East totheArabian Sea,India andMaldives, farsouth of Mozambique. Theability moving their actions from the Gulf of Aden to the SomaliBasin, pushing further Over thelastfive years, pirates have beenable tochange dynamics and tactics, as well asdirectattacks againstpirate logistics ashore without collateral damages. merchant ships, and, from the sea to the land, to confidence-building measures reactive, offensive measures),from deterrence, directandindirectprotection of commitment jobat seathrough awiderangeof activities (diplomatic, representative, Due totheirflexible andpolyvalent capacities, navies continue a“no-stop” is 50%largerthantheterritory of theEuropean Union. this wide strategic arenathat covers about 2,5 million squaremiles, an areawhich and theRole of theInternational Community The Threat of Contemporary Piracy razil toS urveillance Policy, which ispursued through aninteragency ingapore. DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI 9 create adequate living conditions for thefuture. Overall, thisentails areaffirmation to restore good order at seamay beviewed asenhancingtheSomali capacity to information gathering cannotbeunderestimated. In fact,thiscooperative effort their concrete maritime capacity building andconfidence building, andtheir the root causes of piracy, thenavies’ contribution ineffective maritime security, in thelong-term institution-building of theSomali territory, thus addressing As Admiral Foffi concluded, while the international community may beengaged tourism. In sum,theirrole iscomplex, faceted,andinterdisciplinary. bases such ascommerce, fishing, legal exploitation, andmarine resources and contributing tothereconstruction anddevelopment of fundamental economic enabler”: byachieving effective maritime security, navies have apivotal role in preconditions for asecureuseof thesea.Besides,theyactas“economic capacity needed. Consequently, they exercise the role of “security provider” by creating collectively the role of guaranteeing good order at seawhatever andwherever Furthermore, the added value of navies was specifically addressed. Navies have the short-term but surely more effective andcheaper inthe long run. international spacewhere theuseof force isanavy prerogative isless economic in is notasafe place.Onthecontrary, enforcing theprinciple of afreeandsecure long run”: aplacewhere everybody isfreetofirewith or without the legal cover on thefactthat “safe seaintheshort-term risksbecoming anoman’s landinthe overall use of a free and secure international sea. In this vein, emphasis was placed itself isjustone of thesymptoms, abadsymptom, but what isreally at stake isthe or military teamscannotbecompared with thelong-term navy presence.Piracy Indeed, short-term protection of single ships throughout the market of private presence of navies on thehigh seasisamust inthe long-term strategic vision. According toAdmiral Foffi, far from resulting instop-market habits, the considerable navies at sea. maritime security, thus it cannotbeachieved without aconsiderable presenceof for any wellbeing andeconomic growth, it isafreedom directly interlinked with by Grotius Additional remarks wereelaborated from apuremaritime perspective. As stated the comprehensive effort. term period; Admiral Foffi considered themas complementary measures within resulted in effective self-defence measures tomitigate the problem in the short- Management Practice andtheautonomous Vessel Protection Detachments) has The recent protection of ships through preventive/reactive measures(e.g.theBest had seeninthepastnavies operating insynergywith foreign affairsdepartments. and theRole of theInternational Community The Threat of Contemporary Piracy 13 of 1633 by Ralph Van Deman Magoffin, New York, Oxford University Press, 1916. Press, New Oxford University Magoffin, York, of 1633 Van Ralph by Deman toBelongs the Indian to Dutch in Take theTrade East Part

Mare Liberum Mare Hugo Grotius, 13 five centuries ago, thefreedom of international seasisaprerequisite The Freedom of the Seas, Or, The Right Which Or, Right Which The of the Seas, Freedom The transl.: , English , translated with a revision of the latin text text latin of the arevision with , translated 10 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI S 1995, par. 70, http://www.icty.org/x/cases/tadic/acdec/en/51002.htm. 1995, (IT-94-1-A), for Motion on Interlocutory Jurisdiction Appeal on the Defence Decision 2October S aS within groups such or between groups armed organized and authorities governmental S force between to armed aresort is there whenever centuries, thishasfadedbecause of theship owner’s concerns about liability, While armingsailors andarmingmerchant ships hasbeencommonplace for individual right. consequently theuseof armsinself-defence, which isauthorized asaninherent took placeabout thepossibility of armingprivate personnel on merchant ships and the rule on theuseof force inthoseoperations. Conversely, anincreaseddebate needed at least for warships toengageincounter-piracy operations anddefined Besides, DrDeVidts underlinedthat international law regulated all theauthority approach, considering theUNMontego Bay Convention asthegoverning law. investigations andprosecutions. TheUNSecurity Council hasalso endorsed this and Mauritius, which allows extrajudicial transfers of captured pirates for criminal conclusions of a set of agreements between the EU and counter-piracy operations accept this view. This approach seemstounderpin the conflict; theyarenotcombatants, theyarecriminals. All governments involved in of police powers. Pirates arenotinany relevant legal senseengagedinanarmed against piracyisalaw-enforcement operation, andtheapplicable rules arethose 15 14 controversial subject. In focusing specifically on thisissue, Baldwin DeVidts role of armedpersonnel on boardcommercial ships hasbeenatraditional and Despite theessential function of navies inmaintaining law andorder at sea,the 2. Armed personnel on boardcommercial ships defend thevital global interest of thefreedom of thesea. of theprinciple that wherever neededtheinternational community standsready to and theRole of theInternational Community The Threat of Contemporary Piracy answer relies on thefactthat thereisnowarwith pirates. conflict hasany role toplay incombating andsuppressing piracy. Thenegative question of whether weareat warwith pirates andwhether thelaws of armed use of “all necessarymeans”at seaandon landtosuppress piracy, has raisedthe generis of naval forces, along with theclassical description of pirates ashosteshumani patrolling theareasunderthreat, it wasnoticed that such amilitary presence As regardstheseveral national andmultinational counter-piracy missions currently legal framework. firstly articulated some general observations having some impact on the applicable Prosecutor v. Tadić, Prosecutor Duško (ICTY), Yugoslavia former for the Tribunal Criminal International ee anremo.

b As mentioned by the Appeal Chamber of the ICTY, in the Tadić case, “an armed conflict exists exists conflict “an armed case, Tadić the in ICTY, of the Chamber Appeal the by mentioned As aldwin De Vidts is Vice President of the International Institute of Humanitarian Law (IIHL), (IIHL), Law of Humanitarian Institute International of the Vice President Vidts is De aldwin and thewording of theUNSecurity Council resolutions authorizing the tates or protracted armed violence between between violence armed or protracted tates inter alia, , 15 In principle, thefight tate”. 14

11 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI improved inorder toestablishaproper legal framework for such apresenceand acceptance of PMSCs, inview that national legislations have beendeveloped and and off thecoast of Somalia, Organization (IMO) BestManagement Practices todeterpiracyintheGulf of Aden Scepticism about theuseof PM SCs hasbeenexpressedintheInternational Maritime should remainthemainprovider of security at sea. ships despite theunderstandingthat State coastguardsand State naval forces companies (PMSCs) hasmeant that private contractors might protect commercial the possibility of armedpersonnel at theservice of private military andsecurity proper meanson boardcommercial ships inorder toprotect them.In this regard, affected bypiracy attacks, hasgradually raisedthequestion about affording The counter-piracy strategy, besidesprimarily tryingtosecuremaritime areas that armingthecrewisnotsolution. making theships andthecrewsafer; it isanopen question, but theanswerseems and challenges, there is the basic question of determiningwhether the law is ship-owners inany maritime armsrace. Therefore, besidesall thelegal concerns would allow themtobuy anduselargerweapons andweapons assistancethanthe that appropriate combat-training hastobeorganized, but pirates’ higher budgets said that thereisareluctance toallow weapons on board:armingacrewmeans be present at that moment. In this respect, according toDr De Vidts, it could be by thoseauthorized todo soinpractice because nolaw-enforcement officer would limited tosituations where theimmediate threat of violence cannotbeprevented with theuseof thenecessary force toprotect such right. Theright toself-defence is authorized bytheState todefend thelaw (law-enforcement personnel) arecharged principle of theState’s monopoly of legitimate useof force, it entails that those The right toself-defence isafundamental human right; combined with the interpretation andimplementation varywidely indifferent national jurisdictions. justification within theconcept of self-defence, DrDe Vidts stressed that relevant In considering theuseof force intimeof dangerandimminent threat asalegal well-being of another,or theproperty of anotherfrom harmanddeadly threat? or private defence asacountermeasure todefend oneself, one’s property or the pirates or thekilling of pirates? What bethescope of theconcept of self-defence of thegunlocker? Whowill take command responsively with regardtocaptured of vessels subject totheregulations of theflagState? Whowill authorize theopening weapons bycrewmembershaving different nationalities on boardcommercial what istheapplicable legal framework regardingthepossession andtheuseof and of theship. Relevant delicate questions generally raisedinthisregardincluded: responsibility, accountability asconnected to thesafety andsecurity of thecrew and theRole of theInternational Community The Threat of Contemporary Piracy 16 Circulars/Pages/IMODOC S ( Practices Management ofBest IMO version revised latest For the eptember 2011. All IMO circulars are available in the IMO website: IMO http://www.imo.org/OurWork/ the in available are circulars IMO All 2011. eptember s ee, e.g., IMO circulars M circulars IMO e.g., ee, S .aspx. S C.1/Circ.1332 of 16 June 2009 and M and of 16 June2009 C.1/Circ.1332 16 but it hasgradually changedinto aconsiderable S B C.1/Circ.1337 of 4 August 2010. 2010. of 4August C.1/Circ.1337 MP4) see M MP4) see S C. 1/Circ.1339 of 14 1/Circ.1339 C. 12 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI response. covers abroad rangeof possible actions tobetaken andearlier or more graduated range of twenty-two /twelve hundred meters(e.g.machineguns,snipers); this information it seemsthat PMSCs equip theirpersonnel with weapons having a weapons that canbecarried on board.According toDrDeVidts, basedon available A number of like- States (bothcoastal States andport States) restrict thetypesof actions demonstrating thewillingness todefend theship andthecrew. all meansavoid fighting, but trytodeter attacks through appropriate pre-emptive use specialized weapons; thisisbasedon theapproach that PMSCs should with (e.g. shot gunswith a range not extending three or four hundred meters)or they PMSCs do nothave standardweapons on board,theyusesingle typesof arms reaction bypirates when attacking the ship. In any case,it wasunderlinedthat highly sophisticated armson boardcould endangersecurity andcause anover- Nonetheless, asstressedbyDrDeVidts, theknowledge that amerchant ship has different appropriate toolsagainsttheperpetrated acts of piracy. the State hasentirely fulfilled its obligation toprotect commercial ships andtaken members. In this vein, PMSCs should be seen as a temporary measure lasting until arguing that it remainsanoperational decision tobemadebythecompanies’ of weapons, liability), takingPMSCs on boardhasbeendeemedas anoperation, since VPDssolves thenumber of legal issues (e.g.theuseof weapons, position Protection Detachments (VPDs)systemasprovided bygovernments. In particular, has beenapragmatic one, questioning thepreference for theuseof armsandVessels The approach taken byBIMCO, thelargestof theinternational shipping associations, IMO does notintend toendorse or toinstitutionalize theuseof PM SCs. 18 17 ships. the IMO regulation of theuseof private armedcontractors on boardmerchant International Maritime Bureau (IMB).Thepositive trendof acceptanceled to Shipping (ICS), theBaltic International Maritime Council (BIMCO), andtheICC of Independent Owners (INTERTANKO), the International Chamber of really recommended. Thiswasalso thecasewith theInternational Association At thebeginning,useof PM SCs wasat thediscretion of thecompany, but not possible action. and theRole of theInternational Community The Threat of Contemporary Piracy privately contracted armed security personnel on board ships in the High Risk Area”. High Risk the in ships on board personnel security armed contracted privately S coastal and for port recommendations interim on “Revised July 2012 M Area”; and High Risk the in ships on board personnel security armed S for flag recommendations interim on “Revised 2012 recommendations set out M in set recommendations personnel onboard ships intheHigh Risk Area. ship operators andshipmasters on theuseof privately contracted armedsecurity s s ee M ee ee M ee 17 S S In thesamevein, the IMO revised the interim guidance to ship-owners, C.1/Circ.1405 and M and C.1/Circ.1405 C.1/Circ.1405/Rev.2 of 25 May 2012, to be read in conjunction with the interim interim the with conjunction in read to be 2012, May of 25 C.1/Circ.1405/Rev.2 S S C.1/Circ. 1406 of 23 May 2011. May of 23 1406 C.1/Circ. C.1/Circ.1443 of 19 June 2012; M June2012; of 19 C.1/Circ.1443 tates regarding the use of privately contracted of contracted privately use the regarding tates 18 However, it isunderstoodthat S C.1/Circ.1406/Rev.2 of 25 May May of 25 C.1/Circ.1406/Rev.2 tates regarding the use of use the regarding tates S C.1/Circ.1408/Rev.1 of 6 C.1/Circ.1408/Rev.1 13 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI are notdirectly applicable. It wasstressed that PMSCs andits personnel hiredby UN basic principles on theuse of force andfirearms by law enforcement officials also differ. Unless PMSCs personnel act as that isrequired,or thelegality of preventive self-defence betweenjurisdictions can In caseof attacks, DrDeVidts emphasized that thedegreeof imminenceof anattack Domestic criminal law remainsthemainsource. ship to/through thewaters of acoastal State (theS what extent thePM SCs have animpact on innocent passengersof amerchant law andthelaw of coastal State hastobeconsidered. Another point concerns to State coastal andport State law complies. Besides,thedifference betweenflagState law). If navigation through territorial waters of that State involves ports of aforeign where thecompany hasits registration (e.g.thislegislation isapplicable inSwiss the flagState, otherregulations may also become applicable asimposed bytheState Additional issues may arise inthiscontext. In particular, it wasnotedthat, besides stimulated even to flagout for legal uncertainty. from open, permissive rules torather very restrictive ones; companies have been movement, carriage,andon boardmanagement of arms,differs enormously PMSCs. As already notedbyDrDeVidts, however, flagState law on procurement, law of theflagState will regulate issues related toarmsinthemerchant ship using have toberespectedandrules that have tobeenforced. Thus, on thehigh seasthe to exercise jurisdiction underinternational law, andin casuit prescribes rules that UNCLOS, thenationality of theState indicates which State ispermitted andobliged be primarily governed bythelaw of theflagState. Secondly, underArticle 94of the armson boardships navigating ininternational waters on thehigh seaswill the nationality of theState whose flagthey areentitled to fly. Thus, theships and that would apply. Firstly, in accordance with Article 91 of UNCLOS, ships have could become applicable. However, DrDeVidts underlinedsome basic principles also subsequently. Theroute of theship will also determinethelegislation that domestic legislations, andfollowing circumstances may apply cumulatively but such personnel hastooperate). Thismeansthat wearedealing with panoply of legislation about the functioning of PMSCs, andtheobligations under which concerning carryingweapons, provisions on import/export of weapons, national The legal requirements are defined normally in domestic law (e.g. regulations to avoid potential security risks. information raise anumber of delicate legal questions. As underlinedbyDrDeVidts, all that ammunitions, maintenance equipment, communication equipment, etc.,canall has tobestored incontainers andreportedly used.Thetypeandquantity of arms, also in respect of armed personnel and the conditions under which such weaponry arms, on boardmanagement of security protection related items byPM SCs), and disembarkation of weapons, thecarriageof weapons, on boardmanagement of issues, legal restrictions regardingarmson board(concerning embarkation or legal framework. However, several legal challenges areposedbyprocurement The expanding use of PM SCs has triggered legal reforms in order to create a proper and theRole of theInternational Community The Threat of Contemporary Piracy per seisalmost unavailable, andit will notbecommunicated inorder de facto law enforcement officials, the uez Canal hasaspecial regime). 14 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI 2011 consideration of current Italian legislation. Article 5of Law No. 130of 2August board commercial vessels sailing inunsafe waters wasdiscussedwith particular the use of VPDs and Privately Contracted Armed It isworth notingthat, inthecontext of thefinal general debate, theissue of no threat vis-à-visfreenavigation andvis-à-visall of us. international community toprotect andsafeguard freenavigation sothat thereis (only in Italian): http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:2011;130. Italian): in (only antipirateria urgenti Misure Consiglio didal Sicurezza. adottate (2011) e 1973 1970 delle Risoluzioni (2011) l’attuazione per edisposizioni edi polizia armate delle forze nonché delle internazionali missioni edi di stabilizzazione, pace dei processi a sostegno 107, e n. allo sviluppo luglio 12 didecreto-legge degli cooperazione recante 2011, proroga interventi [ Piracy against Measures S UN for Implementing Provisions and Missions of Peace and S and of Peace S Cooperation, for Development of Interventions of Time Extension concerning 2011, Koninklijke Marechaussee Koninklijke the 20 19 of law enforcement officers. use of VPDswith thedifferent options including theuse of themilitary or theuse a good idea to arm the crew of a ship, either through the use of PMSCs, or by the protection bylaw enforcement officers orbythe military. Secondly, it would be to self-protection isextremely important, asisself-protection byPMSCs, andself- Two mainconclusions wereoutlined byDrDeVidts. Firstly, thecrew’s entitlement case of PMSCs. carrying weapons andtheapplicable discipline aremore transparent thaninthe Thus, this is a completely different framework, where thesituation regarding uniform officials actingintheir capacities of military or law enforcement agents. are fundamentally different from PMSCs personnel, because VPDsteamscomprise embarked on boardcommercial ships toprotect themfrom pirate attacks. They the VPDssystementails theuseof small teamsof law-enforcement officials he retainsoverriding authority on boardeven ifPMSCs areon board.Conversely, responsibility andliability for thesafety andsecurity of theship, andof thecrew; advantage of arms.According toDrDeVidts, themasterof theship hastheultimate question that arose concerned who could take decisions touseforce andtotake personnel wasshortly highlighted. As tocommand andcontrol procedures, abasic Moreover, therelationship betweenthemasterof theship andthePMSCs could deploy themasfor VPDsiftheyconsidered them asState agents. facto state agents or organs boundbytheUNbasic principles statement. States using force inself-defence or inthedefence of others;theydo notqualify asde private companies andpresent on boardmerchant ships remainprivate persons and theRole of theInternational Community The Threat of Contemporary Piracy board merchant vessels flying the Italian flagandsailing in waters designated as

s In this regard, some S some regard, this In ee Law No. 130 of 2 August 2011, Conversion into Law of the Law Decree No. 107 of 12 July No. 107 of 12 Decree Law of the into Law Conversion 2011, of 2August No. 130 Law ee 20 admits thepossibility of embarking military teamsaswell ascontractors on tabilization Processes, Participation of Armed and Police Forces in International International in Forces Police and of Armed Participation Processes, tabilization tates offer more options: in France there is the Gendarmerie is there France in more options: offer tates Legge 2 agosto 2011, n. 130, Conversione in legge, con modificazioni, del del modificazioni, con in Conversione legge, 130, n. 2011, 2agosto Legge 19 In any case,it remainstheduty of States andthe , in Italy, in Carabinieri C Resolutions 1970 (2011) and 1973 (2011). Urgent (2011). 1973 and (2011) 1970 C Resolutions .] Entered into force on 6 August 2011. Text 2011. .] into force Entered on 6August Security Personnel (PCA SP) on . , in The The , in upport upport 15 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI extra-salary. B extra-salary. an have seafarers and risk, due higher to the applied are of insurance extra-costs area, this In E. 78° has been suggested by IMO as well as by S by as well as IMO by suggested been has and theship applies theIMO BestManagement Practices. PCASP (“guardie giurate ”), who canbeemployed when theVPDscannotbeprovided two merchant vessels. merchant two PCA Recently,time, first for the www.poliziadistato.it/articolo/31177. ( 2013 October in Interior of the Minister the by approved acircular in detailed was decree This http://gazzette.comune.jesi.an.it/2013/75/1.htm. of PCA use the about aspects all the concerning adecree approved Infrastructures of the Minister the and of Defence Minister Interior, of the the Minister the 2012 of 31 December July In No. to 155 2005). Law converted 2005, S of 15 No. 154 (Decree Interior of the Minister of the decree by established as courses practical and theoretical passed have secondly, must they service; out the to approval carry Prefect’s the and weapons possess to Interior of the Minister the by license the granted be then and June1931) of 18 No. 773 Decree (Royal security on public laws of the text consolidated of the 134 and 133 Articles with accordance rischio%20pirateria.pdf. Documents/Decreto%20Ministero%20Difesa%20%201%20settembre%202011%20-%20aree%20a%20 established these areas. Text (only in Italian): http://www.marina.difesa.it/attivita/operativa/nmp/ No. of 1S 217 Decree of Defence Ministry Italian The Organization. Maritime International the of reports relevant the into account taking ofAffairs Foreign Ministry the and 24 23 22 21 defence canvaryfrom one legal order toanother.Under current Italian law, thelaw officials enjoying functional immunity. Ofcourse,the content ofthe law of self- order toimplement theright of self-defence, considering also that VPDsareState incidents, thedecisions aretaken bytheheadof themilitary team,for instancein personnel isundertheauthority of thecivilian masterof theship. In caseof Joint Operations Headquarters (Ministryof Defence), while theprivate security ship is subject to the law of the Ministry of Affairs and the orders of the Italian concerned, asProf. Ronzitti highlighted, themilitary teamaboardthemerchant As farasthequestion of thetwo separate chainof command isspecifically High Risk Areas and theRole of theInternational Community The Threat of Contemporary Piracy for military activity carried out againstpiracy, Defence, whereas the commander of each VPD has the exclusive responsibility out inconformity with thedirectives andrules of engagement of theMinistry of forces but underthecontrol of theItalian Navy andwhose activities must becarried protezione”), comprising the Navy personnel or personnel from the otherarmed a specific part of these High Risk Areas, on the part of: VPDs(“Nuclei militari di by theItalian Parliament entails that theship-owners canrequest protection, in to fight piracy [ to fight piracy order in (VPD) Detachment Protection Vessels ships merchant on Italian for boarding Association UG.pdf. difesa.it/attivita/operativa/nmp/Documents/ Allegato: http://www.marina. Documents/A_101011_Protocollo_Difesa_CONFITARMA_UG.pdf; pirateria alla di per l’imbarco nucleicontrasto per il militari di protezione (Confitarma) Italiana Armatori

s

High Risk Area (HRA) is bounded by S by bounded is (HRA) Area High Risk The HRA designation occurs following consultations with the Ministry for Transportation for Transportation Ministry the with consultations following occurs designation HRA The Two additional conditions are required for the PCA for the Two required are conditions additional ee Protocol of 11 October 2011 between the Ministry of Defence and the Italian S Italian the and of Defence Ministry the between 2011 October of 11 Protocol ee ]. Text (only in Italian): Protocollo, http://www.marina.difesa.it/attivita/operativa/nmp/ Text]. (only Protocollo, Italian): in esides, the adoption of best practice protection in the HRA (i.e. by VPD and PCA and VPD by (i.e. HRA the in protection practice of adoption best the esides, Protocollo di intesa dell’11 ottobre 2011 tra Ministero della Difesa e Confederazione eConfederazione Ministero Difesa della tra 2011 ottobre di intesa dell’11 Protocollo 21 of piracybytheMinistryof Defence. eptember 2009, implementation of Art.18 of Law Decree No. 144 of 27July No. 144 Decree of Law of Art.18 implementation 2009, eptember Ps: see Decree No. 266 of 28 December 2012. Text (only Italian): in 2012. December of No. 28 266 Decree SPs: see uez and the S the and uez ecurity Council resolutions. Council ecurity B _101011_Convenzione_Difesa_CONFITARMA_ Circolare antipirateria Circolare and Sand 10° and north, to the of Hormuz trait Ps: firstly, they must be authorized in be authorized SPs: firstly,they must 23 or, alternatively, on thepartof the 22 Thisdual solution chosen Ps have been embarked on embarked been have SPs ). Text (only http:// Italian): in 24 eptember 2011 has has 2011 eptember hipowners’ hipowners’ SP) 16 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI Circulars/Pages/IMODOC website: IMO http://www.imo.org/OurWork/ the in area”. Text available risk high the in ships board Operations and S and Operations introducing extensive trainingandcertification requirements, to the mandatory trainingexistsfor seafarers,except for the2010Manila amendments contained within this booklet”. this within contained B the applied and passage of the advance in trained and planned who have crew ship’s 2011). As to the training of seafarers, it was noticed that IMO circular 1405 makes standards for guardshadbeendeveloped (e.g.IMO MSC.1/Circ.1403 of 23May guards on vessels) provided some guidanceon thisscore, andthat voluntary high defeated andGUARDCOM (thestandardcontract for theemployment of security emphasized that thisremainedatemporary measureuntil piracywasdefinitely As tothetrainingof armedguards,arepresentative of theshipping industry highlighted. community to press exist for maritime security armed guards. In thisvein, therole of the international 27 26 25 this issue that the prevention, contrast andprotection againstpiracy. In particular, it wasnoticed concerned theimportance of trainingprivate armedguardsandseafarersfor the It isworth underliningthat anotherpoint raisedduring thefinal general debate the useof PCASPwithout passingor implementing any laws. only want theuseof VPDsandtheydo notrecognizePCASP, many othersauthorize legal instruments inthisregard.While today some countries like theNetherlands in thefuture could bethegeneralized useof PCASPbytheindustry without having Soula. Indeed, aproblematic aspectof theprobable diminishingof military presence seems tobeat theforefront andshould betaken asanexample according toMr In respectof othercountries that do nothave any legislation on thisissue, Italy defence inorder toprotect theship. life but nottorecover property, thelaw asapplied toVPDsallows employing self- to PCASP, because while underthelatter self-defence isallowed tomeetathreat to of self-defence asapplied toVPDsiswiderthanthelaw of self-defence asapplied and theRole of theInternational Community The Threat of Contemporary Piracy 28 http://www.imo.org/ourwork/humanelement/pages/stcw-f-convention.aspx. ( Vessel Personnel on boardcommercial vessels. “shipboard familiarization training”of armedprivate guardsbefore theyembark pdf/Oss_Polinternazionale/pi_a_0044.pdf. internazionale di politica in Approfondimenti sconfiggerla?”, dell’Osservatorio per fare che pirateria: “La s

For a detailed examination of Law n. 130 of 2011, see Fabio Caffio and Natalino Ronzitti, Ronzitti, and Natalino Fabio see Caffio of 2011, 130 n. of Law examination For adetailed According to point 4.6 ofB 4.6 IMO to point According International Convention on S International ee M ee S STCW Convention and Code, which entered into force in January 2012 Best Management Practices for protection against piracy (BMP 4) highlight C.1/Circ.1405/Rev.2 of 25 May 2012 on “Revised Interim Guidance to S Guidance Interim on “Revised 2012 May of 25 C.1/Circ.1405/Rev.2 26 andthat IMO MSC.1/Circ.1405/Rev.2 called thecoastalStates for , No. 44 (December 2011, updated April 2012), particularly at 7-9, particularly http://www.iai.it/ 2012), April updated 2011, (December , No. 44 hipmasters on the Use of Privately Contracted Armed S Armed Contracted of Use Privately on the hipmasters S TCW-F), into entered force onS on29 7 Julyand adopted 1995 States to implement such courses as mandatory was critically S .aspx. tandards of Training, Certification and Watchkeeping for Fishing and forFishing Watchkeeping Certification of Training, tandards MP 4, “The majority of piracy attacks have been repelled by by repelled been have attacks of piracy majority “The 4, MP 27 As totheItalian situation, it wasstressed that no 25 ecurity Personnel on Personnel ecurity 28 then,nocourses hipowners, S hipowners, eptember 2012, 2012, eptember MPs MPs hip hip 17 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI case of terrorism. Christian piracy could beconsidered asa“real” threat ininternational relations, asinthe An additional perspective of analysis arose byquestioning thefactthat maritime 3. Piracyandinternational relations implement it, because badtrainingwould result inmore risksof captured vessels. clear that it istheresponsibility of theflagState, which should develop ways to and theRole of theInternational Community The Threat of Contemporary Piracy 29 considered as acrimethenpiracyrequireslaw enforcement operations. From thus requiringextraordinary military response. From alegal perspective, ifit is piracy represented a threat to freedom of the sea as well as to local populations, people, five types of counter-piracy wereidentified. If considered asathreat then piracy wasdealt with bydifferent professional communities but also bycommon than one problem, implying several different consequences. In reconstructing how Indeed, according toDr Bueger, piracyshould bedeemedasconstituting more of problem it actually was. question to be addressed in order to contextualize piracy and consider what kind an international threat that requiresamilitary response. Thisseemedthecrucial can go back the way we came, so considering piracy as a local issue rather than Overall, themainquestion arisingfrom that historical evolution iswhether we piracy hasclearly become anaval problem tobesolved byamilitary response. connected toseveral otherissues such asState failure or proliferation; besides, example, SharedAwareness andDeconfliction (SHADE). Again, piracyhasbeen in the piracy, it hasbecome aglobal issue, andits internationalization isquite evident and corruption. In the2000s,largely from 2005,particularly inview of Somali to largerconcerns such asterrorism, environmental aswell asenergysecurity, seen asaregional threat requiringinter-State coordination; it also becamelinked a different level of sophistication including disappearance of ships; it startedtobe and thefirstpublications on piracy appeared. In the1990sEast Asian piracyreached issue, debated as a local safety problem, especially within the shipping community, Looking at relevant contemporary history, piracyfor thefirsttimebecameamajor navies arethemainactors inchargeof counter-piracy. activities using weapons differing from thecommon ones usedtoday, where the Counter-piracy inthe1980srelied on private guardson board,unorganized for thefuture of maritime security governance. looked at theeffects of piracyaswell asdrawing some lessons from Somali piracy if piracywas a threat. Arguing that piracy caused more than just one problem, he this issue. Considering thehistory of thereturnof piracysincethe1990s,heasked

Christian B Christian Security Council resolutions as well as in the coordination mechanisms for ueger is Lecturer at the Cardiff University. Cardiff at the Lecturer is ueger Bueger 29 gave a comprehensive and indirect answer to 18 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI for acontinuous engagement intheHorn of Africa begiven after 2015 when political and functional level (strategy and action, e.g.how should political support three points werestressed.Thefirst one concerned thecoordination between the As to the challenges for redefining maritime security and policies in the future, security inorder togeteffective results. entailing that States hadtowork with thecompanies that dealt with maritime mean good law enforcement. Finally, public andprivate coordination wascrucial, they didnotchangeanything. Furthermore, good law (such asUNCLOS) didnot system were very important only as part of a larger spectrum of solutions, otherwise of Conduct (DCoC),andSHADE. Thirdly, technology and particularly asurveillance process worked well due totheirlargelevel of expertiseof boththeDjibouti Code international functional cooperation shaped especially by theDjibouti conduct Firstly, remotecontrol development policy wasconsidered problematic. Then,the maritime security governance inrespect toSomali piracywereunderlined. Besides, anumber of substantive issues tobelearned from thesuccess of the they canrapidly lead toglobal effects, asSomali piracyhasshown. may help. Finally, maritime security threats tendtolook very local at firstsight but asymmetric, andfor navies abroader spectrumof solutions (rather thanfirepower) hence requireearly warninginfrastructures andreaction systems.They areeven these aredelicate thus prevention isactually crucial. Theyalso escalate quickly, they largely have todo with thecharacterof maritime security threats. Firstly, According tohim,at least four lessons canbelearned from Somali piracy, and within Somalia andtherearenosuccessful attacks anymore. now that wearemoving closer tothesituation where therearehardly any hostages window of opportunity”, DrBueger questioned what happens tosuch awindow only inEurope but also inAfrica hasbeenachieved. In considering piracyas“a decades of complete disregard; finally, anewrecognition for maritime security not and thisisone of thereasons that favoured agreat level of attention toSomalia after has emerged;besides,piracyled toanentirely newengagement with Somalia, international cooperation underastrong international consensus (CGPCS,HADE) piracy. As tothepositive consequences, since2008,adramatic success story of States); thus African economic costs(according totheWord Bank,notably paidbyfor theregional human suffering (especially for seafarersandtheirfamilies) andtoconsiderable both negative andpositive aspects. Certainly Somali piracyhasled toconsiderable In focusing on thequestion of theeffects of Somali piracy, DrBueger highlighted to people. again becomes asecondary issue asthetrue one isfacinghumanitarian responses a humanitarian perspective, if it is considered as a source of suffering thenpiracy becomes asecondary problem asthetrue one isstructuring its root causes. From From adevelopment perspective, ifit isconsidered asasymptom thenpiracy international shipping thenpiracyinduces significant industry responses. the industry perspective, if it is considered as a cost factor in the operations of and theRole of theInternational Community The Threat of Contemporary Piracy States are those suffering from the major problems related to 19 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI Somalia andtheHorn of Africa, and $413 million were taken in ransom from the hijacking of ships off the coast of Office onDrugs andCrime Interpol, from 2005to2012,between$339 million According toarecent study carried out bytheWorld Bank,theUnited Nations piracy off thecoasts of Somalia. Organization, UNICRI has also established a database on court decisions related to well asprivate sector companies. In partnership with theInternational Maritime regarding theuseof PCASPon boardmerchant vessels, for theuseof States as on boardships aswell aselaborating asetof guidelinesandsoft law standards developing aprogram aimedat addressingtheuseof private security contractors Justice Research Institute (UNICRI) is specifically involved inthe issue of piracyby As highlighted byJonathan Lucas, 4. Prosecution: what do piracycourtcasestell us? integrated maritime strategy. security strategy for Europe didnotlook that much betterthantheAfrican maritime security sector at home andabroad, also considering that themaritime security into development policy. Thethirdone concerned thereform of the the mandate ends?).Thesecond one concerned themainstreamingof maritime and theRole of theInternational Community The Threat of Contemporary Piracy 31 30 Institute (UNICRI), Turin. (UNICRI), Institute Somalia. Focusing on piracyoperations, thenumber of pirates involved inasingle by pirates’ actions. As to the places of detention, there were a lot of transfers back to the different jurisdictions and also depending on whether any deaths werecaused average of 10years. Thereisacertaindifference interms of sentencing, inview of law. The length of sentence ranges from 2 to 24 years, the acquittals are 19, with an strong percent of minors who arenotsubject toprosecution underinternational fishermen (soindicating why theyare good seafarers).Achallenging issue isthe came from Mogadishu, theybelonged toadominant clan,andtheyweremainly In thisvein, focusing on pirates who wereconvicted, it wasnoticed theymostly from, andsoaddresstheissue properly on land. data of court cases may be used to know better who they are and where they come money. Only 1%of pirates werearrested. As underlinedbyDrLucas, however, the a fraction of theproceeds, amounting tobetween1%and2.5%of thetotal ransom ended up with thesefinanciers. Thepirate “foot-soldiers” aboardtheships took just pirate “financiers” andestimated that between30%and75% of theransom money model”, thisjoint report analyses theinvestments madebyasample of fifty-nine of criminal activities on aglobal scale. Bytracingapattern called “thepirate money November 2013, http://hdl.handle.net/10986/16196. 2013, November of Africa off the Horn Pirate Activities from Flows the Financial Illicit s

Jonathan Lucas is Director of the United Nations Interregional Crime and Justice Research Research Justice and Crime United Interregional Nations of the Director is Lucas Jonathan ee Worldee B Pirate Trails: Tracking Tracking PirateTrails: and Interpol, Crime and Drugs on United Office Nations ank, 31 theransom money wasusedtofuel awiderange 30 theUnited Nations International Crimeand , Washington, World B , Washington, ank, 4 ank, 20 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI when it iscommitted on thehigh seasandwhich provides for universal jurisdiction. difficult to apply international law, under which piracyisan international crime waters or it wasdoubtful where theywerecommitted andconsequently it remains difficulty is probably due tothe fact that those acts were committed in territorial such as applicable jurisdiction. On this point, as highlighted by Prof. Pocar, the face challenges when arrestedpirates arebrought totheirshores for trial andissues Dr Lucas referred tothe difficult situation inthe IndianOcean whereseveral States in respectof thenumber of around one thousandpirates captured. the CGPCS,apparently only around one hundred pirates have beensubject totrial of ransom. However, according to thestatistics produced byWorking Group 2of criminalize the activities related to piracy, such as the flow of money or the payment but also theirinstigators andaccomplices. In thesamevein, States areinvited to on States toenactpunitive laws relating notonly totheauthors of actsof piracy suppression of piracy. Remarkably, Security Council Resolution 2020(2011)calls Resolution 1851(2008)toensurethat all States laiddown thefoundations for the the Coastof Somalia (CGPCS),which wasestablishedpursuant toSecurity Council includes theresolutions adopted inthecontext of theContact Group on Piracyoff provided for. Primaryaction undertaken inthisregardwithin theUnited Nations domestic legislations, including open-registry States, thecrimeof piracyisstill not specifically the criminalization of piracy. As Admiral Caffio underlined, in many It isworth highlighting that one of theissues raisedduring thegeneral debate was related topiracy. prosecuted, none of themcome from thosetransnational criminal organizations upper-level. While several pirates have been arrested on the high seasand then from piracyandmakingaprofit from such organized crimeactivity are at the the bottom of thepower structure, whereas thosewho areactually benefitting and opium poppies or thefarmersinAfghanistan, theyarethe“foot-soldiers” at is very similar to the one played by either the to bemuch more like anorganized crimeactivity, andinfacttherole of thepirates Looking at thewhole structure, including thefinancingaspect,piracyhasresulted members to8crewmembers.Therewasaninstancewhere noskiffwasused. attacks wasinApril. Thenumber of crewaboardaskiffrangefrom less than3crew 12pm and2pm,with very few inthemorning or intheevening; thetime-pick of attack rangefrom 4to15, while theusual timeof attacks concentrated between and theRole of theInternational Community The Threat of Contemporary Piracy 32 autonomous and S and autonomous Puntland S Italy, the and Kenya France, as well , as Netherlands, the as such s tates that have proceeded to indict pirates include the United S the include pirates to indict proceeded have that tates omaliland macro- of S macro-regions omaliland campesinos who aregrowing coca omalia. tates, some European countries countries European some tates, eychelles, but also the the but also eychelles, 32 In thisregard, 21 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI national interests hadtotake second placetoglobal strategic interests. However, the naval resource constructions imposed bygovernments would lead, notingthat As totheoperational status quo, industrial concern wasexpressed about where required on land. while thelaw enforcement vacuum hasbeenfilled at sea, much furtheraction is As emergedinthecaseof Somalia, “lawlessness ashore equals lawlessness at sea”; which will remain unless piracy is defeated, rather than simply deterred or disrupted. According to Mr Noakes, this is the very real and unavoidable themselves. back at them.S to tryregulate toavoid abusesandpotential liabilities when governments come seas?). In thecasegovernments do notdo it, it hasto betheship-owner that has no value unless they are policed (but can they be policed particularly on the high some way of runninglaw on the high seas,sincecodesof conduct (ICoC) have perception. Indeed, the mainconsequential issue becomes how tocome up with vacuum andabsenceof armedconflict perse,or, what iftherewasno “vital interest” relevant questions wereraisedastowhat iftherewasalegal andlaw enforcement (PSC) purchase: government sponsored, logistical, andfreelance.In thisregard, of security that have been bought include three types of Private Security Contracts in order that thenormal daily business andcommerce cancontinue. Typical types authority when challenged; governments have avital interest tomaintain security was emphasized that security isinherently governmental andStates fear aloss of As totheshipping industry’s view on therole of theinternational community, it according toMrNoakes. mass destruction. However, apparently nopiracyterrorists arepresent inSomalia biggest concerns istheterrorist useof shipping ascontainers todeliver weapons of prepared toconfront thepotential useof piracytoachieve terrorist aims;one of the risks should be addressed by the international community decisively inorder to be industry perspective, amajor concern wasthat piracyandpotentially terrorist In thepresentation of theoverarching strategic view on piracyfrom theshipping BIMCO isfocusing primarily on Somalia. Piracy andarmedrobbery riskareasarecurrently globally positioned, though the promoting of the application of internationally agreed regulatory instruments. and standardization of shipping related activity, besidesbeingvery much active in to thelargestshipping association, BIMCO, which focuses on theharmonization The shipping industry’s view wasintroduced byGiles Noakes, 5. Thepolicy of ship-owners and theRole of theInternational Community The Threat of Contemporary Piracy 33 ( B

IMCO), B Giles Noakes is Chief Maritime S Maritime Chief is Noakes Giles agsværd () uch businesstorelationships traditionally self-regulate ecurity Officer at the B at Officer ecurity altic International Maritime Council Council Maritime altic International 33 particularly referring status quo today, 22 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI through its ship-owner membership, and it is offering PM offering it is and membership, ship-owner its through (PCA of management experience PCA and Master between Interface RUF; 2. of them, management and disembarkation, and PCA 1. factors: critical and other firearms 34 and PMSCs, andGUARDCON andmembership, by vessels inHigh Risk Areas; theimprovement of self-regulation related toPCASP consideration tothefollowing aspects: theawareness andimplementation of BMP its own work wasconcerned, theshipping industry intended toreserve special military, maintaining dialogue andcoordination remainedapriority. As faras prosecution resolution andsupport for theright topay theransom. As tothe efforts. Onthe governmental side,theshipping industry should encourage funding and,when it ispossible, provide assets,besidesenhancingcooperative information for UNCLOS andtherole of theinternational community, continue Coast of Somalia and IMO), the shipping industry should reinforce its support and considered. At the supranational level (i.e. the Contact Group on Piracy off the Focusing on theshipping industry strategy andpolicy, several dimensions were industry could not,andwould not,fundthecounter piracyeffort. of theinternational community andflagStates. Afinal position taken wasthat PCASP without any institutionalization soastowaiver fundamental obligations revising BMP, bytakingaction toregulate andmonitor PMSCs, andbyregulating Citadels wasconfirmed: theindustry would continue tocontribute, for instanceby right topay theransom should it benecessary. Additionally, afocus on BMPand should notbehinderedaccording totheindustry: theship-owner maintains the could potentially bepirates have beenstressedtoo.As for ransom payments, they coast guardsaswell asarequirement for change of conditions for fishermen who change, thesolution seemstolie ashore, but arequirement for effective law and Regarding theposition of theshipping industry on theroot causes andefforts to differing objectives andcoordination, confusion anddelays remaincritical. As tothefinancial status quo, multiple streamsof international fundingwith was notanexcuse, andtherewasaneedfor more forceful political interventions. changing thesituation. However, for MrNoakes, thedifficulty of implementation only limited practical solutions implemented on the ground today were actually effective political will asquestionable: despite thelarge number of initiatives As for thepolitical status quo, apparently theshipping industry perceived the therein. high seas:BestManagement PracticesBMP), armedguards,andnaval ( presence reliable. Therearethreepillars tocurrently deterringanddefeating piracyon the and activities sharing, and the assets provided by governments were considered industry-military relationship wasdeemedaspositive intermsof communication and theRole of theInternational Community The Threat of Contemporary Piracy List”.

I S P - “C2” procedures and policy; 3. PCA 3. policy; and procedures SP -“C2” O 28007 Certification provides standard for licences, for fire arms, import and export of export and import arms, fire for licences, for standard provides Certification O 28007 P/training and human rights. B rights. human and SP/training P Team size, composition and equipment, Embarkation Embarkation equipment, and composition SP Team size, P Vetting and Training; 4. Maritime knowledge/ Maritime 4. Training; and SP Vetting S Cs a Consultation Forum and a “White a“White and Forum aConsultation Cs 34 theavocation for theuseof IMCO will provide oversight provide will IMCO 23 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI that certainmilitary capabilities could andshould be cut bytheAllies (e.g.ColdWar we needdo nothave”). As MrMarrone stressed,themessageseemedtosuggest explained (“some of thecapabilities wehave wedo notneed,some of thecapabilities prioritization, asarecent statement byNATO SecretaryGeneral Rasmussen clearly budgets in amore efficient and effective waywereidentified. Thefirst onewas In thisregard,threekey elements describing how Europeans spent defence the nextfew years. declining andfermented European Defence Budget, which would notincreasein years. Therefore, it wasargued that “smart defence” isabout betterspendingthe cutting themilitary expenditure byforty-five billions of dollars only inthelasttwo since 2008,andtheconsequent introduction of theEuropean Defence Budget novelty consisted of theenduring economic crisisthat Europe hadbeenfacing defence budgets predominantly at national level. According toMrMarrone the together inthelasttwo decades. However, theycontinued tospendmoney in managed todeploy sailors, airmen,soldiers, assetsinmultinational operations for efficiency and effectiveness wasnotnewinhistory, as allied countries had in amore efficient and effective waythaninthepast. Itwasnoticed that the quest through the concept of “smart defence” that, in theory, means spending money Alessandro Marrone 6. S existent vulnerabilities. possible, andthemore globalized theproblem themore exposedweweretoall were thekey solution, while significant disruption of commerce wasclearly easily aspects wasexplainedbyemphasizing that effective andefficient partnerships interests asidentified by theinternational community. Therelevance of all these building efforts inweak/failed coastal States should beachieved according tovital standards through IMO as well as ISO. Fifthly, increasing maritime capacity and integration was possible, as and IMB and this had to continue. Thirdly, enhancing cooperation, co-ordination Robbery against Ships (ReCAAP), theMaritime Trade Information Centre (MTISC) through the Regional Co-operation Agreement on Combating Piracy and Armed increasing domain awareness andinformation sharingwaspossible for example, but it isthelessons learnt from herethat have tobeapplied for thefuture. Secondly, way forward for theinternational community. Firstly, focus wasplacedon piracy In conclusion, some real challenges werehighlighted with theview of findinga global “soft law” where currently avacuum existsandUNCLOS isinadequate. the needwasaddressedfor one common standardtobeenshrinedinsome form of citadels; information sharing,particularly witnesses toprosecute pirates. Finally, and theRole of theInternational Community The Threat of Contemporary Piracy 35

Alessandro Marrone is Researcher at the Istituto Affari Internazionali (IAI), Rome. (IAI), Internazionali Affari Istituto at the Researcher is Marrone Alessandro mart defence andmaritime security 35 addressedtheissue of navy capability andmaritime security SHADE proved. Fourthly, creating binding single 24 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI be deployable before 2020. before deployable be not will ones next the out and faced been had old ones the since available, no carries has currently capability gap had beencreated. were tooexpensive for reduced defence budgets. Thus, it wasunderlinedthat a capabilities or stopped upgrading andmaintaining available assetsbecause these Many otherEuropean countries delayed procurement programs toacquirenew European countries hadcompletely given up anti- warfare capabilities. the surrounding region. Thisalso mattered for maritime security, since some maintain theirresponsibilities for thesecurity of Europe, theMediterranean and framework, notleast because theUnited States madeclear that Europeans should a whole would lose them.As MrMarrone emphasized, thismattered inaNATO key capabilities would be cut by all member information sharedamong Allies. Thispractice increasedtheriskthat certain was that Europeans hadcut theirbudgets inanuncoordinated way andwith little The second official element of “smartdefence” wasspecialization. The major issue preserved or maintained (e.g.naval capabilities). “Iran tanks”stored inEuropean military bases),while othercapabilities should be and theRole of theInternational Community The Threat of Contemporary Piracy 36 defence” or “poolingand sharing”, there were nobig numbers incomparison with well. Despite asmall number of cooperative projects undertheheadingof “smart both “smart defence” and“poolingsharing”approaches werenotworking very part inone thirdof these projects. Unfortunately, it wasalso notsurprisingthat these projects were led byEuropean countries, or that European countries took in every single “smart defence” project launched byNATO, or that two thirdsof problem. It wasnotbyaccident that at least one European country waspresent it wasnoticed that bothNATO andEUwereindeedaddressingthesame European the “pooling and sharing” concept put forward by theEuropean Union. In thisvein, The “smart defence” approach wastherefore considered asbeingquite similar to was anotherissue. shared military capabilities theycould getit andmaintain it. What theyusedit for Conversely, ifEuropean countries pooltheirinvestments toacquireandmaintain cost of high-tech military capabilities increasedthiswasjustamatter of economics. country. As MrMarrone explained,when thedefence budget wasreduced andthe capabilities cannotbeprocured or cannotbemaintained byany single European The thirdmainandlastelement of “smart defence” iscooperation. Certain military could maintain military capabilities distributed among NATO members. defence” approach, specialization should be made in a way that Europe as a whole adequate for demandingmilitary missions). In thiscontext, according toa“smart anymore (intheory theywereavailable, but inreality theywerenotsufficient and this wasriskytoobecause undercertainthresholdscapabilities werenoteffective to maintain theirfull spectrumof military capabilities; however, for MrMarrone, investments inall capabilities areas,without giving up something, inaneffort

An example mentioned by Mr Marrone in the maritime domain concerns the UK, which which UK, the concerns domain maritime the in Marrone Mr by mentioned example An 36 Finally, few European countries reduced their States, so implying that Europe as 25 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI “smart defence”. Under thisstrategy theNATO defence planningprocess would greater multinational cooperation and pulling of resources”, which exactly defines document calls for the transformation of processes andcapabilities and“encourages Looking at the NATO maritime strategy published in2011,it wasnoticed that this naval capabilities too. naval domain. Generally speaking,thewhole “smart defence” approach applied to consensus, also applied tonaval capability andwould continue toapply tothe not of sharedcapabilities indemanding operations incooperation which hadno Therefore, according toMrMarrone, thepolitical issue about theavailability or participated. and it wasalso conducted at sea,it wasquite risky, andnotall NATO members Protector in Libya included anarmsembargo againsttheLibyan government as Ocean may not enjoy such a strong and stable consensus among Allies or partners such variety of tasks,also insupport of airoperations andland-basedoperations, which Conversely, MrMarrone underlinedthat narrower capability may berequiredfor a Mediterranean Seaandit hasreceived the contribution of bothRussia andUkraine. covered only EasternMediterranean, it hasbeenextendedtocover thewhole related activities in theMediterranean isanothergood example: while it initially Besides, NATO Operation Active Endeavour to deterandprotect against terrorist- EU ; indeedits mandate hasbeenreneweduntil March 2014. Operations Allied Provider andAllied Protector andcooperating well with the Operation OceanShield tocounter-piracy, extendingthereachof previous NATO and stable support among Allies, and also between partners. A good example is In therecent past,NATO operations intheseadomain have experienced strong Unified Protector. for intelligence andsurveillance inLibya in2011thecontext of theOperation the deployment of NATO Airborne Warning andControl S to MrMarrone, thishypothesis wasnotsounlikely, asshown bytheexample of deployed with delays andcaveats, thus notefficiently andnot effectively. According not want to; it was noticed that such a capability would not be used or it would be France wanted to use this capability in an operation inAfrica while Germany did France pooled theirinvestments toacquireandmaintain asharedcapability, but there was a political reason: an example was taken by assuming that Germany and countries, including bilateral cooperation, appeared less problematic. Thirdly, In contrast, defence procurement cooperation among small groups of like-minded asked for different versions of thesame capability byincreasingcostsanddelays. procurement programs were not satisfactory, because participating countries as sufficient tomaintain national autonomy. Secondly, sofar,multinational cases (e.g.France) thenational defence budget, although declining,wasperceived According toMr Marrone, this was due tothreemain reasons. Firstly, insome the total European spending. and theRole of theInternational Community The Threat of Contemporary Piracy Shield and Active Endeavour. In this regard, in 2011 the Operation Unified ystem (AWACS) aircraft 26 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI the Cape of GoodHope option. team on board,andtheS the Cape of GoodHope and,despite theadditional costsof insurance,thesecurity of expensesor time,transit viatheS owners andtradersinview of acorrect necessity tomaintain low costs.In terms only). However, minimizingthecostsof carriageremainsamajor need for ship- against two hundred andthirtypirate attacks (with amaximum frequency of 20% until 2011,with adecreasetosome sixteenthousandpassagesexpected in 2013, pointed out, statistics show atransit of twenty thousandships viatheS kidnapping andransom for ships sailing through theGulf of Aden. As MrMadia of attacks in2008produced atenfold increaseof theinsurancepremiums for particularly thosefor high-risk piracyzones. For instance,thesignificant growth number of pirate attacks, with anincrease of its shipping rates andpremiums, The maritime insuranceindustry hasbeenstrongly influenced bytherising the “warrisk”insurancewasatraditional form usedtocover againstpirate attacks. interests of the ship-owner (hull insurance) and of the cargo-owner (cargo risk); of human life (insurance for the crew) as well as the protection of the economic instrumental incovering all theinterests related totheship, including thesaving shipping insuranceprotection. Therole of theinsuranceindustry wasdeemedas of a disasterrecovery plan were addressed by Giacomo Madia The social role played bytheinsuranceindustry aswell asthematerial aspects 7. Insuring piracyrisk:legal andhumanitarian problems efficient across Europe orsoto say “smart”. did notmeanthat procurement inthenaval domain wasalready effective and not important or would notremainrelevant for thefuture. At thesametime,this vehicles, andcyberdefence capabilities), didnotmeanthat naval capabilities were defence asit includes air-to-airrefuelling, satellite communication, amended the procurement program on thetable of thenextEuropean Council dealing with capabilities within the debate on European defence spending(as confirmed by In conclusion, it washighlighted that thelow attention reserved for naval in thelanddomain or intheairdomain. the samechallenges mentioned above andexperienced byprocurement program other words, ina“smart defence” way. Unfortunately, theseinvestments would face investments that would have tobemadeinaneffective andefficient way, or,in to MrMarrone, thiswasambitious andnotcheap, asit would requirelong-term rapidly deployable, interoperable, andsustainable maritime forces. According need todevelop thecapabilities of Allies, andaimstodevelop capable, flexible, and theRole of theInternational Community The Threat of Contemporary Piracy 37

Giacomo Madia is Managing Director of the B of the Director Managing is Madia Giacomo uez transit fees, it still remainscompetitive inrespectof uez Canal isfarpreferable to thepassageof rokers, Genoa. Brokers, Insurance Costa anchero 37 in dealing with uez Canal 27 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI in Somalia dropped from two hundred and thirty-seven toseventy-five in2012and to put security guards on board,thenumber of attacks andactual ship detentions unknown number of crewmembers.Conversely, underthesingle crewpermission around two hundred and twenty sailors werekilled bypirates alongside an between 2005andDecember 2012for aship off thecoast of Somalia. Unfortunately, the payment of around four hundred million claimedinransom for pirate attacks continuity of tradingviaS As MrMadianoticed, theunanimoussuccess of such asystempermitted the treatment aswell. treatment for thecrewfees and expensesincurredbythecrewfamilies for such keeping themon board,thepermanent disablement of thecrew, medical therapy thousand dollars for thetimeof detention, theloss of personal belongings and eventually theloss of via-period of theship deviation, and sometimes two/three actual paid ransom (sometimes even twice if thedelivered ransom incashislost), regard, theypay alot of items: thefees andcostsfor negotiations with pirates, the once theransom hastobepaidaccording totheprinciple “paidtobepaid”. In this the vessel andthecrew. However, insurancecompanies do notanticipate, theypay “Kidnap andRansom Risk”, hasbeenable topay ineffect theransom asked tofree new systemof insurancepolicy, which waselaborated in2007-2008 andcalled admittedly, the insurance policy was and still remained an achievable solution. A although noclear solution wasavailable, clearness wasneeded.It wasstressedthat, ransom payment inexchange for thefreedom of human life, stressingthat, loss of theship andthecargo, MrMadiahighlighted thedelicate issue concerning community to the life of crew members and then to the economic aspects of the In considering the appropriate protection primarily afforded bythe shipping insurance seemedtobethemostfeasible solution. to disposeof several million dollars incashfor aransom requirement, thecostof recover theship, thecrewandcargo. S become theonly answerthat pirates accept,and,afterall, theonly possibility to human life” may be the only basis of a possible solution; paying the ransom may being harmful anddangerous tothelife of hostages.In thisvein, “money against diplomatic attempt inthecaseof difficult anddramatic situations may result as Mr Madiaunderlinedtheexistenceof some limits where any military action, any against piracy and thepotential of security teamson board against pirate attacks, Despite theexcellent results achieved bytheinternational community inthefight total amount tobuy theinsuranceisaround four hundred million dollars. $200,000 inaddition tothehundred already mentioned. It wasnoticed that the trip viaCape would bethirty-seven days. Thus, $18,000perday would besome $538,000, which means$100,000more, andthedifference of tendays asthetotal of vessel, for the voyage from a Mediterranean port to team, for atotal of $450,000peratwenty-one-day trip. Fuel costsfor thesametype S vessel, from Mad to S Mr Madiatook asan example thetrip of aneighteen thousanddeadweight tons and theRole of theInternational Community The Threat of Contemporary Piracy uez Canal transit fees, plus theinsuranceagainstpiracy, plus thecostof anarmed ingapore, costing $300,000 inconsumption; considering the uez Canal andtheinsuranceindustry wasable toabsorb ince it remaineddifficult for theship-owner S ingapore via the Cape is 28 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI (a) to (f). S subparagraphs in set forth offences of of the any commission attempted or the commission the ship; or […] of that any injures or kills person navigation safe the to endanger intentionally and http://www.un.org/en/sc/ctc/docs/conventions/Conv8.pdf. 3-22. S Navigation (SUA Convention). the Convention for the over thetwo Italian marinesindicted of having killed two Indian fishermenunder 40 39 38 In this context, additional considerations werearticulated byStephenAskins. piracy, covering nomore than5%of it. noticed that thecostof thispayment wasnotsogreat inrespectof thetotal costof Council had not completely condemned such a payment. Nonetheless, it was many problems underalegal point of view, also considering that theUNSecurity In thisregard,asAdmiral Caffio stressed,the payment ofransom money presented it either. payment of ransom wasprohibited thentheinsurancecompany would notpermit application of what waspermitted or notpermitted underthelaw, andifthe Italian citizens, it wasconcluded that the recoursetoinsurancewassimply the Italian law systemthat bansany possibility topay ransom or thekidnapping of of education, life andvital problems of survival. Nonetheless, inreferring tothe that didnotdiffer purely for thelanguage,but also for atotally different system that hardly any national law wassuccessful when applied toadifferent social entity opinions on thenegative effect of thepayment of ransom, Mr Madiaunderlined Although conscious that many eminent institutions have expresseddifferent to put theteamon board. from anaverage of $50,000to$2,500nowadays, with anadditional sumof $35,000 nil in2013.As a consequence theinsurancepremium for asingle voyage dropped and theRole of theInternational Community The Threat of Contemporary Piracy Security Council resolution, February 2012intheframework of cooperation againstpiracyasregulated bytheUN other hand, in the in relation toprosecution, with areal riskof proliferation of pirate attacks. Onthe not have national laws todeal with piracyor some uniformity across theboard territorial waters, theinternational community realized that mostcountries did vessel not included inthat definition. Conversely, intheemblematic caseregardingthe the one concerning theaction of theIsraeli State againstthevessel Mavi Marmara violence, committed for private ends,on thehigh seas,andthismakes casessuch as Under Article 101of UNCLOS, piracyisclearly understoodasbeinganillegal actof ea and Immunity of S Immunity and ea

s

For a recent comment of this case, see Natalino Ronzitti, “The Enrica Lexie Incident: Law of the of the Incident: Law Lexie Enrica “The Ronzitti, Natalino see case, of this comment For arecent Under Article 3 of S Under Article tephen Askins is Partner at the international law firm INCE & Co., London. Co., INCE & firm law international at the Partner is tephen Askins Fairchem Bogey,which washijacked threemiles from Salalah andinOmani ee S ee UA Convention, adopted on 10 March 1988 and entered into force on 1 March 1992, 1992, into entered force on 1March and 1988 UA on 10 adopted March Convention, against a person on board a ship if that act is likely likely is act that if aship on board aperson against of anviolence act […] performs Enrica Lexie incident, which happened in international waters in UA Convention, any person commits an offence if that person unlawfully unlawfully person that if offence an commits UA person any Convention, tate Officials Issues”, inItalianIssues”, Yearbook Law of International tate Officials S uppression of Unlawful Acts against the 39 India hasclaimedtoexercise its criminal jurisdiction 40 Furthermore, in the recent case involving the , in connection with with connection , in Safety of Maritime , Vol. 22, 2012, p. p. 2012, , Vol. 22, 38

29 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI was opposed to the definitions set by UNCLO by set definitions to the opposed was and adefinition narrow tooktoo court lower the that arguing by whalers, Japanese against ruling Comm/2012/70.html. Lark) (Triton AS Handymax piracy. danger, that the vessel, her cargo, crew or other persons will be exposed to acts of reasonable judgment of theowner, thereisa“real likelihood”, inthesenseof areal such as“Conwartime” or “Voywar”, thebasic question toberaisediswhether, inthe considering circumstances inwhich amaster/owner canrely on “War Risk Clauses” Nevertheless, aclear teston riskanddangerisnow available among lawyers. In naval forces or theBMPresulted inbeing“soft”. the number of armedguards wasreduced or governments removed some of their commonly happened inthepast,with anescalation of pirates, inthecasewhere in thisregardthus concerns thepossibility of returningtoastagesimilar towhat of riskrather thanbytherewards, but now theriskistoogreat. Theissue raised out tosea.In thepast, it seemed prettyclear that pirates were motivated byalack to create asituation where therisktopirates isnow toogreat for themtogo the presenceof BestManagement Practices, armedguardsandnaval forces seems However, MrAskins underlinedthat aso-called “herdimmunity” hadbeenreached: of theseships have citadels, andaround 34%of theships declarearmedguards. of theships areregisteredwith theMaritime Security Centre Horn of Africa, 65% As farasEastAfrica isconcerned, military information reveals that around 80% private maritime security personnel togo backtotheirbusiness. lack of uniformed understandingandthelackof appropriate protocols allowing According toMr Askins, all thesecasesshow that thecrucial problem remainsthe Russia’s piracyclaimsagainstGreenpeace activists. 41 “violent” asinterpreted byUNCLOS. it spelled out several reasons why theactsof Seahepherdhadtobeconsidered was soimpressed bytheaggressiveness shown bythisenvironmental group that marine conservation society Seahepherd,theNinth Circuit USCourtof Appeals and theRole of theInternational Community The Threat of Contemporary Piracy 42 been characterizedbylackof negotiations andcommunication with theships, and Nigeria, two in Togo, two on theIvory Coast).Thesevery difficult situations have twenty-two occurringoutside territorial waters andsixteen inside(twelve in in which therehave beenaround thirty-eight kidnappings andhijackings, with Conversely, avery different scenario wasaddressedwith regardto West Africa, is costingmoney. it wasayear ago, whereas theactual riskisprobably lower. However, this“riskgap” security want togettheshipping well covered assumingthat theriskishigher than no riskor threat. In particular, thereisa“riskgap”: the military andthemaritime “the warriskclauses” usedbyowners, although thisdoes notimply that thereis

Chief Judge Alex Kozinski of the Ninth Circuit U Circuit Ninth of the Judge Kozinski Alex Chief Pacific Basin IHX LimitedIHX Basin Pacific see Bulkhandlingv. case, Lark Triton the in considered was This 42 In thisregard,according toMrAskins, legally thereisnodangerunder , 2012, EWHC 70 (Comm), http://www.bailii.org/ew/cases/EWHC/ 70 (Comm), EWHC , 2012, 41 Another recent controversial caseconcerned S . Court of Appeals overturned a lower court’s court’s alower overturned of Appeals S Court 30 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI pirates inrespect toothercases.In thisvein, anhistorical parallelism may betraced the stateless Somalia favours abetter understandingof thepeculiarities ofSomali consideration Somali piracyandits economics aspartof the“warfor power” in should beconsidered aspartof theSomali civil war.In particular, takinginto according toMrQuercia, theeconomics for piracy, themoney flow from piracy, actors tochangetheirroutes inorder toavoid precisely “thecostof piracy”. Indeed, up beingasuccess story for pirates able toforce themostpowerful economic “securitization” of piracyintheGulf of Aden. Conversely, Somali piracyhasended S instruments through which public or private stakeholders have facedpiracy. In thisregard,theuseof force andtheuseof money may beseenasthetwo transit betweenAsia andEurope. security aspectsaswell asspreadingthecostover thefinal consumers of goods in led theinternational economic systemtotreat piracysimply asa“cost” byfinancing the vacuum State andthelackof adequate law enforcement agencies), which has piracy underthetraditional instruments of prevention or repression (because of costs isconnected tothedifficulty ofchallenging thecriminal phenomenon of According to Paolo Quercia, have definitely become a much largerportion of direct ones, including ransoms. because theeconomic costsof piracy, especially collateral andindirectcosts, least explored andunderestimated topics. Nevertheless, theydeserve attention the costsof Somali piracyinrespecttotheglobal economy have beenone of the In thecontext of thecomprehensive issue of counter-piracy intheGulf of Aden, 8. Thecostof Somali piracy the rules of engagement for theirown purposes. to beof great assistancetoowners andPM SCs when drawing up andagreeingto industry still needsinternationally approved RUF, thisrecent initiative isexpected which offers aguidance for the Rules for the Use of Force (RUF). Although the and useof security guards,with or without arms,on boardmerchant vessels and regulation, sincethisisacomprehensive standardcontract for theemployment contract, GUARDCON wasconsidered animportant stepforward intermsof unfortunate needtoprovide ship-owners and PMSCs with aclear worded standard the emphasis on accreditation andaccountability. In respect to theindustries market; thus, thedebate iscurrently focused on how theycanbeusedsafely, with policy but more owners usedthemastheycompeted for businessinadifficult As MrAskins finally highlighted, theuse of armedguardsremainedacontroversial name of theships. the removal bypirates of all navigation equipment andeven thechangingof the and theRole of theInternational Community The Threat of Contemporary Piracy 43 pecifically, theuse of money hasbeentherelevant dominant component of the

Paolo Quercia is a Rome-based political-security analyst. political-security aRome-based is Quercia Paolo 43 one of the main reasons for the emergence of such 31 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI increased criminal activities intheHorn of Africa, it hasbeennoticed that for a two benchmarks, namely thereal value of thecriminal market of piracyand the across theGulf of Aden (from Somalia andEthiopia toYemen). In view of these in the Horn of Africa, such as heroin trade or ivory trade or human from piracy andthosefrom othertransnational criminal activities takingplace An additional important comparison to be elaborated concerns the revenues services, alongside thecriminal market. able or willing todeal with, by creating ahuge market insecurity andprotection business-to-business model)dealt with thesecurity issue that States werenot supports. Indeed, inalawless scenario of afailed State theprivate sector (the of theoverall huge coststhat it produces andthat theinternational community Therefore, thecriminal phenomenon of piracyresulted tobeworth less than1% million dollars pership. this meanstheequivalent costof thetransit fee of S local communities for acquiringtheirsocial consensus, clans,logistic services); several stakeholders, such asbusinessmenwho financedthe operation, managers, (where only one thirdisactually taken by pirates, while therestisdivided among the real gain of Somali pirates hasnever beenmore thanthe2%of theoverall costs ultimately covered through general taxation of thecontributing countries; instead, final consumers of thetransported goods; thedeterrencecosts(around the24%)are protection costs (namely 63% of the overall costs) are ultimately passed on tothe divided among theshareholders.In thisregard,MrQuercia emphasized that the whether any attempts toreduce themisactually debated, or how theyareactually relevant questions that arisearehow long cantheoverall costsbesustainable, or the ransom andthedamagecaused bytheship). In respectof thesestatistics, the directmaterial costsof piracythat areusually covered byinsurance(namely naval missions); nomore thanone hundred million dollars peryear constituted and international organizations (mostly for prosecutions, rule of law initiatives, indirect contrast/deterrence costspaidbythepublic sector, national governments for BMPenforcement, private guards,fueling) while around $1billion werethe billion were the indirect protection costs paid by the shipping industry (mostly were estimated as the general costs of piracy in the Gulf of Aden; around $3 and it is not over. Nonetheless, the issue of costsfor facingSomali piracyappears quite complex of thestrong reduction of Al-Shabaab power. conflicting situation inSomalia andits newpolitical environment, but also inview are still present, thelatter hasalmost disappeared notonly inview of the reduced Somali piracyphenomenon. Accordingly, although several roots of Somali piracy between theriseandthencollapse of Al-Shabaab Islamist movement andthe and theRole of theInternational Community The Threat of Contemporary Piracy 44 Rivista Marittima, March 2013, p. 81-88. p. 2013, March Marittima, Rivista economico della pirateria somala”, Fausto in B pirateria della economico

For a detailed analysis of the several costs of S costs several of the analysis For adetailed 44

Between 2008 and 2011 approximately $5 billion per year Il tesoro dei pirati tesoro Il Quercia, Paolo and iloslavo omali piracy, see Paolo Quercia, “Il costo costo “Il Quercia, Paolo piracy, see omali uez canal which isaround $300 , Roma, Roma, , 32 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI initiatives inthe Indian Ocean, 46 45 As detailed byMichel Soula, 9. Therole of NATO infighting piracy be sustained,but more thanthiswould bequite problematic. the way theshipping systemworked, andthat theamount of five million could still observed that probably themarket hadmuch todo with theinsurancecontracts, ransom of that year reachingtheamount of $5million. In thisregard,MrQuercia dimensions, up to$155million paidfor ransoms in2011,with thetop average Somalia addressedthereal causes that allowed piracytoreachcolossal financial Another perspective of analysis relevant toabetterunderstandingof piracyin or ahuman smuggler. criminal inSomalia it isnotmuch more profitable tobeapirate thanan ivory trader and theRole of theInternational Community The Threat of Contemporary Piracy successful hijacking, that of the MT S MT of the that hijacking, successful recent the most since passed have Eighteen shore. months on hostages atotal of fifty and held, no ships are moment At there the 2012. none May at and all since 2012, 8in 2011, in 24 2010, in of S coast the off pirate hijackings successful 45 included have slope declining the progressively and operatives), pirate financiers incentivizing further ayear, million $150 over at peaked payments ransom held; hostages hundred seven over with hijacked, been had vessels section of theinternational community (, B founded inJanuary 2009asaninternational body tobringtogetherabroad cross- Accordingly, theContact Group on Piracyoff theCoast of SomaliaS) was (CGPC cooperation mechanism” tofacilitate all aspectsof thefight againstpiracy. Resolution 1851of 16December 2008called on States toform an“international authorization hasbeenrenewedasnecessaryever since.Then, Security Council June 2008authorized States tocombat piracy off thecoast of Somalia, andthis conformity with international law. UNSecurity Council Resolution 1816of 2 In thisregard,all NATO counter-piracy initiatives have beenconducted infull Ocean Shield (August 2009-endof 2014). Africa, asmandated bytheUNSecurity Council, wasestablishedunderOperation (March-August 2009).Then,acontinuous NATO maritime presenceoff the Horn of which conducted surveillance anddeterrencepatrols besidesescorting WFPships 2009 a more robust presence was guaranteed under Operation Allied Protector, danger led totheevolution of NATO’s mission beyond anescort role: sinceMarch million people inSomalia andthroughout EasternAfrica. However, thispersistent attacked byrocket-propelled grenades,socrippling UNefforts to feed up toa damaging both international tradeand humanitarian aidandWFPships hadbeen Allied Provider, October-December 2008).Indeed, Somali piracywasseriously escorting the (WFP) ships through the region (Operation UN Secretary-General, BanKi-moon, specifically requested its assistancein

Michel S Michel In contrast to the alarming scale of the threat by the end of January 2011 (thirty merchant merchant (thirty 2011 of end January the by threat of the scale alarming to the contrast In oula is Head of the Operations S Operations of Head the is oula 45 MYRNI. inthehighly successful story of counter-piracy 46 NATO’s role dates backtoOctober2008,when ection in the NATO’s Operations Division, Brussels. Division, NATO’s the in Operations ection razil, China,India, Russia, etc.) omalia in 2009, 45 45 2009, in omalia 33 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI piracy: poverty, instability, andinstitutional weakness. reasons of piracyintheHorn of Africa, andthus move toattack theroot causes of community isnow requiredtoavoid forgetting or dismissingtheunderlying the disease,which isnosmall accomplishment. Nevertheless, theinternational Apparently theinternational community haseffectively treated thesymptoms of This smoothcooperation hasbasically entailed that piracyrates aresharply down. Coast of SomaliaShared Awareness andthe andDeconfliction Mechanism. are proceeding very smoothly asfacilitated bytheContact Group on Piracyoff the (including China,India, Japan, Korea, , andRussia). Theircommon efforts Combined Maritime Forces, and with independent deployers from many countries region have beenestablishedwith theEU-led Operation Atalanta, with US-led well aspartnersandotherinternational forces. NATO’s vital relationships inthe The broad scope of NATO’s counter-piracy cooperation encompasses Allies as age of austerity. model hasresulted inbeinggood value for money, which nations appreciate inan duplication. Besidesbeingapositive stepforward for cooperative security, this multiple counter-piracy deployments have notresulted inredundancy and situational awareness, andstrengtheningrelationships. Indeed, executed carefully levels hascreated invaluable synergies: increasinginteroperability, expanding In this vein, emphasis has been placed on the factthat close cooperation at all patrol. coordination with its partnersmeans that between10and15ships areusually on Although NATO normally hasbetween3and5ships positioned intheregion, collaboration hasdefinitely beenfundamental tocontaining thepirate threat. NATO’s success inreducing piracyrates wasdue tocooperation. International sounding like a very small drop in a very big ocean), it wasMr Despite such asmall number of ships inanareathesizeof (so Danish, andUkrainianparticipation. the region. At present, flagship andcommand areprovided by , with US, basis. Currently 4NATO ships (StandingNATO Maritime Group 1)aredeployed in horses” of its naval forces). All vessels areprovided on avoluntary androtational are conducted with one of its two intermittently operates Maritime Patrol Aircraft. NATO counter-piracy operations Ocean Shield usually hasbetween3and5ships committed at any given time,and NATO’s footprint off the Horn of Africa ismodest. In terms of force profile, Operation with atightly focused andunified purpose. and theRole of theInternational Community The Threat of Contemporary Piracy 47 well. as joining be shortly will Zealand and New month, last contribution partner first-ever its welcome

As to the Ukrainian ship currently participating in Operation Ocean S Ocean Operation in participating currently ship Ukrainian to the As Standing NATO Maritime Groups (the “work 47 hield, NATO proud to hield, was Soula’s view that 34 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI will return topiracyifinternational efforts arerelaxed. In this vein, although the as drug and human trafficking) because piracyhasbeen suppressed, but they this regard:networks facilitating piracyhave moved tootherforms of crime(such of the to render the risk of a resurgence of piracy still real. The view of the coordinator According to Mr lending himmoney. or byreferring toanother one saying heturned to piracywhen hisfriends stopped pirate as saying he would never have started had he “been involved in a decent job” clearly reported how “anempty stomach isapowerful motivator”, quoting aformer some of whom areresponding tonecessity out of desperation. TheWorld Bankhas Another significant aspect wasarticulated: pirates arerational economic actors, so, much of thecountry isinchains. of development. As a traditional violence of Al-Shabaab hasweighed Mogadishu down asit tries toclimbtheladder Mr Soula stressedthat political immaturity, regional conflict, andthe persistent almost three-quarters of thepopulation live below thepoverty lineof $2perday. Somalia, whose GDP percapita of $284remainsamong thelowest intheworld, and Furthermore, abroad international engagement wasviewed ashighly required in possibility; or also furtherdeveloping its relationship with theAfrican Union. pursuing anRCB partnership with theUNOffice onDrugs andCrimeisjust one For MrSoula, thiswill likely meanthedevelopment of furtherpartnerships, and flexible washighlighted in order toeffectively engage within itsbudget constraints. Despite NATO’s openness tojoint RCB ventures, its needtoremaincreative and unable topull its own weight. fragility of thesituation inSomalia entails that Mogadishu isoften unwilling or judiciary or trainaprofessional CoastGuardovernight. Finally, thecontinuous capacity-building takes effort andtime; it isnotpossible todevelop animpartial are justone piece of alargepie”. Secondly, theachievement of results inregional multiple toolsfor developing their RCB roles. “While notnegligible, NATO’s efforts Nations, theEuropean Union, civil society, andprivate industry all have scope and a RCB organization; otheractors aremore appropriate for thistask:theUnited Conversely, MrSoula notedthreeimportant caveats. Firstly, NATO isnotprimarily Operational Training Centre inCrete. International Maritime Organization and with the NATO Maritime Interdiction reached out toothers for support, conducting RCB work incooperation with the coast guard personnel, offering ship protection advice, etc. Moreover, NATO has RCB efforts within means andcapabilities, particularly during port visits: training and Somalia hasindeedhadits shareof those.Accordingly, NATO engagesin building represents thebestinsulation againstdestabilizing “shocks” toanation, crucial. According totheUNDevelopment Programme’s Strategic Plan,capacity- In thisregard,afocus on regional capacity-building (RCB) isconsidered quite and theRole of theInternational Community The Threat of Contemporary Piracy Somalia-Eritrea Monitoring Group, Dr Jarat Chopra, was emphasized in Soula, the situation of Somali proverb states, “poverty is slavery”: if this is Somalia struggling to stand on its own seems 35 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI unable/unwilling paradigm (inthesense that Somalia isunable togrant security in In addressing therole of theinternational community inSomalia according toa points were debated inaddition to thosealready underlined. The reports andinterventions stimulated ageneral discussion where anumber of 10. Thegeneral discussion every nation’s interest. trade travels bysea,ensuringsafe, secure,andfreeglobal maritime highways isin continue working alongside its international partners.Given that 90% of global Regional capacity-building isthekey tosuccess. To thisend,NATO intends to The actual challenge of addressing the root causes of piracyon shore remains. productive collaboration of somany institutional actors isinitself asuccess story. led toalevel of international cooperation that is both rareandexcellent. The As MrSoula concluded, over recent years theuniversal opposition topiracyhas Decisions on bothreviews aredue inearly 2014. could furtherunderscore NATO-EU interdependency inthemaritime theatre. the importance of parallel/synchronized reviews issupported bymany Allies. This Operation Atalanta, and in view of the strong links between these two operations, of theoperation. S high season, asthiswould retainadeterrent capability while diminishingthecosts For MrSoula, theanswermay beafocused Indian Oceanpresenceduring piracy general consensus that some continued presenceisneededhasbeenexpressed. post-2014 future of Operation OceanShield) beganinautumn 2013andsofara In thisvein, discussions on thefuture of NATO’s counter-piracy involvement (the security remainscritically important. dramatic consequences. At atimeof international community fatigue, maritime community, areturntothemaritime anarchy of themid-2000s could beone of the if asecurity vacuum isallowed todevelop inandoff Somalia bytheinternational long-term dedication over many years. For now, complacency isnotanoption: According toMr Soula, theholistic approach waspromising though it required dream. govern thecountry andgainful employment for all Somalis isareality andnota this isnolonger seenasaviable option: conditions wherein strong institutions community should continue tofacethechallenge of creating conditions inwhich to careersincrimeat sea.Consequently, it washighlighted that theinternational off both the East and West coasts of Africa where instability on shore drives men The evidencethat piracy isbynomeans a solved problem seemedtocome from as what will happen when its influence isremoved. international community haspatched up thepiracycrisis,abasic question remains and theRole of theInternational Community The Threat of Contemporary Piracy ince theEuropean Union iscurrently considering thefuture of its 36 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI framework tofacecontemporary piracy, but thisisnot enough andnewtreaty the United Nations Convention on theLaw of theSeastill offers thebasic legal Several concluding observations were thenaddressedbyProf. Ronzitti. Firstly, perspectives, with anumber of issues requiring still furtheraction. multifaceted phenomenon to be addressed with different means and under several A major point finally confirmed by all participants wasthat piracyremainsa Concluding remarks Somali fish resources as well as illegal toxic waste dumping along the territorial waters, especially inview of thevery badinstancesof exploitation of make them independent inaddressingtheirown issues concerning Somalia’s Somalia should also addressthelaw enforcement dimension bySomalis soasto In thesamevein, it wasunderlinedthat along-term solution againstpiracy in important. to constitute theinternational community andits state-building efforts isthus Iraq do notseemtoreveal extremepositive lessons). Defining who issupposed building records bytheinternational community (theexamples of Afghanistan or As for thelong-term solution on land,apparently therearenooutstanding state- border dispute betweenSomaliland andPuntland does notseemeasily solvable. in Somaliland where the internal conflict isnot over, also stressingthat the huge Another point was raised by Dr government isunable toact. whom todeviseastrategy: capacity-building isdifficult tosetin motion ifthe projects asacurrent mainproblem inSomalia isidentifying theright entity with in Somalia, andlast year 23million euros weregiven but they could notfind any debated thisissue. Also theEuropean Union hasaprogram on capacity-building conferences inSomalia andLondon (thenextone will take placeinB and some measureshave beentaken inconnection with Interpol. Besides,two Council Resolution 1851(2009),hasalready done animpressive jobinthisrespect created insidetheContact Group on Piracyoff thecoast of Somalia underSecurity criminal activities, such aslaundering, it wasunderlinedthat Working Group 5, in order to face the criminal organizations behind the pirates andtheirseveral In focusing on what action hasbeentaken within theinternational community issues may arise. Somali-land operations, andinthisconnection international humanitarian law As Prof. Pocar highlighted, Security Council resolutions have actually authorized to addresstheroot causes on landinSomalia with equivalent energyandeffort. on theinternational community toactnotonly tostop attacks of piracybut also a question wasraisedastowhether that paradigm hasbrought alegal constraint its territorial waters andtherefore theinternational community iswilling todo it), and theRole of theInternational Community The Threat of Contemporary Piracy Bueger about the very delicate issue of state-building Somali coast. russels) have 37 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI more effectively. instruments toactagainstpiracyandtherefore it should useand implement them to time.Indeed, nowadays, theinternational community does have multiple necessitates clear action, policy, andcooperation, because it risesup from time phenomenon does notfall underthedefinition of piracy. Furthermore, piracy fixed platforms located on the continental shelf,even though thiscriminal An additional topic that should betaken into account concerns theaction against from alegitimation perspective. have certainrelevance, although theycannotresult aseffective asatreaty, even on boardprivate vessels. Additionally, enactingnewsoft-law instruments may issue at the European Union level in order to get at least a EU Directive on PCASPs clarified underthelaw: inter alia, apossible planof action would beraisingthis alongside theaccountability of companies cannotbeoverlooked: theyshould be in facing criminal acts, several delicate problems concerning acknowledged that PCASPs and armed guards on board private ships may help is theriskof stimulating othernewransoms. Seventhly, although it isgenerally from ahumanitarian perspective human life issaved, but on theothersidethere more seriously. S pirates represents animportant deterrent that should beimplemented byStates is abasic requirement of theinternational community. Fifthly, theprosecution of preserving law and order on land is functional to have order on thesea, and this the sea.Fourthly, theprinciple that “thelanddominates thesea” remainsworthy: the place of States, which should continue to exercise theessential role of policing there isanactual needtocope with it. Thirdly, theshipping industry cannottake pirates. Secondly, piracyconstitutes still areal threat, though diminished,and piracy and it is not applicable to situations in which a be applied worldwide. In any case,theSUA Convention has nothingtodo with law would bewelcomed alongside theelaboration of newsoft-law instruments to and theRole of theInternational Community The Threat of Contemporary Piracy ixthly, thepayment of ransom remainsavery controversial point: State takes actions against Updated 30January 2014 State responsibility 38 DOCUMENTI IAI 14 | 01 - January 2014 ISSN 2280-6164 © 2014 IAI Latest DocumentiIAI and theRoleand theRole of of theInternational theInternational Community Community The Threat of Contemporary Piracy The Threat of Contemporary Piracy www.iai.it [email protected] F +39 T +39 Via Angelo B and otherpapers’ series related toIAIresearch projects. (AffarInternazionali), two series of research papers (QuaderniIAIand Research Papers) publishes anEnglish-language quarterly (TheInternational S and theMiddle East;defence economy andpolicy; andtransatlantic relations. TheIAI in the global economy and internationalisation processes in Italy; the Mediterranean research sectors are:European institutions andpolicies; Italian foreign policy; trends and abroad andisamemberof various international networks. More specifically, themain that end,it cooperates with otherresearch institutes, universities andfoundations inItaly and disseminate knowledge through research studies, conferences andpublications. To economy andinternational security. Anon-profit organisation, theIAIaimstofurther Founded byAltiero S Istituto Affari Internazionali (IAI) 13 |06E 13 |07 13 |08 13 |09 13 |10 13 |11 13 |12 14 |01 13 |05 13 |06 06 3224360 06 3224363 Expected Benefits. How does the Russia Factor Matter? Z. Ludvig, TheEUandits EasternPartners: Conditionality and Extent Have theNew Treaty Provisions Delivered? A. Sęk,EEAAudit intheEasternNeighbourhood: To What Conditionality andDifferentiated Integration Principles the European Enlargement Strategy: MainChallenges tothe A. Nicolescu, EasternPartnership Roadmap 2012-2013 and Communiqué C. Rosselli (ed.),Shaping theFuture: Europe’s New Voices. A Community International Role the and of the of Contemporary Piracy Threat The difesa: questa sera sirecita asoggetto? A. Marrone eP. Tessari, Ildibattito italiano sulle questioni di benefici P. Tessari eE.Cesca(acuradi),Una difesa sottoattacco: costi e and Benefits P. Tessari andE.Cesca(eds.), ADefence Under Attack: Costs Matters A. Marrone andP. Tessari, TheItalian Debate on Defence Approach Policy: Normative (Hard)Power vs.thePragmatic (Soft) F. Casolari,TheJanus-Faced New European Neighbourhood runetti, 9-I-00186 Rome, Italy pinelli in1965,does research inthefields of foreign policy, political pectator), anonline webzine