The piracy activity off the coast of Somalia and the week international responses is now expanding to European waters. According to the International Maritime Bureau, world pirate attacks more than doubled in the first half of 2009 to 240, from 114 in the same period last year,

A surge of attacks in the Gulf of Aden and off the east coast of Somalia accounted for the majority of attacks. This is not to mention the waters off Nigeria and Indonesia.

International cooperation

We now have a modicum of international political and security cooperation including United Nations resolutions.  Additionally, we have new multilateral and bilateral agreements, the United States organized Combined Task Force 151, and independent foreign naval forces including Russia and China.

The U.S. House of Representatives has recently passed an amendment that would require the Department of Defense to put armed teams on U.S. flagged ships “passing through high-risk waters,” This would mean especially around the Horn of Africa.

A separate would grant immunity from prosecution in American courts to any “owner, operator, time charterer, master, or mariner who uses force, or authorizes the use of force, to defend a vessel of the United States against an act of piracy.”

The Defense Department recently released an “interim final rule” laying out policy regarding the use of private security contractors in war zones.

Basically, the “interim rule” modifies the Code of Federal Regulations to include policies and procedures for selecting, training, equipping and overseeing private security contractors.

Rules of engagement

 The Rules of Engagement or “Use of Deadly Force” for DoD have been in effect for a long time:

1. In self defense

2. In defense of property involving National Security (read nuclear materials)

3. In defense of property not involving National Security but inherently dangerous to others

4. To prevent or interrupt serious offenses against persons

5. Apprehension of escaped felons

6. Lawful order from competent authority

Everyone who is concerned with independent security contractors must keep in mind the “Black Water” incident in Iraq. The US government is prosecuting many involved in that incident.

This brings us to the question of what “international laws” are involved in fighting piracy. The simple answer is very little.

There are treaties, agreements, conventions, understandings, etc., between nations or groups of nations but there is no international law. There is the “UN Convention of the Law of the Sea.”.

Although the UNCLOS entered into force in 1994, the U.S. has continued to rely upon customary international law as reflected in the Convention to advance our oceans policy.

Not enough

While reliance upon customary international law has served us well for many years, it does not adequately protect our interests. Customary international law is based on the evolving practice of States; it can and does erode over time. The Law of the Sea Convention provides the legal certainty and stability that the Coast Guard needs to exercise its navigational rights and freedoms, to protect fisheries, and to control marine pollution.

How big is the problem?

According to the US Coast Guard, there are more than one million seamen of every nationality aboard nearly 95,000 vessels of at least 100 gross tons flagged in more than 150 nations.

They move millions of passengers and billions of tons of cargo around the world every year.

The problem of Somali piracy at sea can be resolved only when someone in the international community takes military action to address the safe haven of Somali pirates and their support bases onshore.

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