Piracy off the coast of Somalia has become a global threat. But last month, Somali pirates struck far from their home when they brazenly hijacked the Saudi supertanker Sirius Star at a distance of almost 450 nautical miles off the coast of Kenya. Carrying more than $100 million in crude oil destined for the United States, the supertanker is anchored along with a dozen other ships off the northeast coast of Somalia.
Reportedly, the pirates have reduced their ransom demand from $25 million to $15 million.
Three days later, on Nov. 18, pirates hijacked three other ships in the Gulf of Aden. That same day, an Indian naval warship sank a “mother ship” used by pirates to stage their attacks with sophisticated GPS, automatic weapons and rocket-powered grenade launchers. Since then, pirates have boarded and hijacked several more ships.
The frequency and violence of attacks have increased. Nearly 100 ships have been attacked this year and 40 hijacked. Fourteen ships and nearly 250 crew members from more than 25 nations are currently being held hostage.
The U.S. Fifth Fleet and navies from India, Russia and several European countries also patrol the area, but it is impossible to protect all ships in that vast ocean. With ransom payments this year alone in excess of $100 million, marine insurance rates have been rising and ship owners are considering abandoning this dangerous waterway, choosing instead the longer route around the Cape of Good Hope in southern Africa.
The secretary-general of the London-based International Maritime Organization, a specialized agency of the United Nations whose task includes maritime safety and security, has warned that such diversions would increase “fuel consumption, emissions and transport costs, which would have to be passed on to consumers everywhere.”
Under international law, piracy is an international crime. But no effective means exist under either national or international law to combat piracy. For example, the pertinent U.S. statute, under which pirates can be sentenced to life in prison, applies only to those pirates who attack U.S. flag vessels.
The applicable treaty, the Law of the Sea Convention — which entered into force in 1994 (but to which the U.S. is not a party) — grants the coastal state extensive authority up to 200 miles offshore, the exclusive economic zone. And Somalia, being a failed state with no effective government, cannot control this area.
But the U.N. Security Council passed two resolutions on piracy this year. In June, it resolved to allow foreign navies to pursue pirates in Somalia’s waters for six months only (which means it needs to be renewed soon), and on Nov. 21 it imposed fresh sanctions to freeze pirates’ assets.
At present, prevention is the best strategy, including better satellite coverage, intelligence gathering, early warning systems, and more effective communication with naval vessels. Lately, the use of fire hoses and ear-splitting noise has proved effective in fending off some approaching pirates. Stationing armed security guards on vessels is not the answer, as many flags prohibit the carrying of arms on their ships. However, the American security company Blackwater has planned to launch several gunboats hired by the shipping companies by the end of this year.
The solution is for Somalia to have a stable, functioning government. Until then, concerted international action — for example, deploying regional or multinational coast guards — is essential. Arab countries recently considered this option. The Malacca Straits, between Indonesia and Malaysia, were until a few years ago the world’s most hazardous seas. Aggressive regional patrols by navies of those two countries plus Singapore were able to virtually eliminate the threat of piracy in those waters.
Ved Nanda (vnanda@law.du.edu) is Thompson G. Marsh Professor of International Law and director of the International Legal Studies Program at the University of Denver.
