Squashing the skull and bones: reforming the international anti-piracy regime.

The United States is one of the few nations with naval patrols actively operating around the world to combat piracy. Recently, the United States began the Africa Partnership Station (APS), which aims to train West African navies to fight piracy more effectively in their home countries. In conjunction with that effort is the Africa Command (AFRICOM), which coordinates US military efforts with 53 African countries and aims not to engage in military operations, but to strengthen the foundations of military and security forces in African countries. These efforts should help African countries in the long-term, but the prospects for decreasing piracy are slim in the near future

Despite the fact that almost every nation in the world utilizes global shipping, few nations actively police the seas. Even when international ships are sent to combat piracy, they do not have the ability under the UN Convention on the Law of the Sea (UNCLOS) to fight pirates once they enter territorial waters, leaving the pirates with easy escape routes. The problem is that Article 101 of UNCLOS defines piracy as taking place "on the high seas" and for "private ends." The former is problematic because it restricts piracy to occurring only in international waters, while the latter fails to acknowledge piracy for political means such as terrorism. Due to concerns over these phrases, the United States has failed to ratify the treaty, decreasing the legitimacy of the agreement. Even though the UN, through the IMO, takes on the task of policing international waters, UNCLOS' narrow definition prevents the organization from effectively combating piracy.

Strengthening the Regime

Globalization increases every nation's interest in high-seas security. The international community must step forward to combat piracy with tangible measures. The first and most obvious step that both the UN and individual nations must take to decrease piracy is to increase international patrols of the seas. According to Noel Choong of the IMB's Piracy Reporting Centre, the increased presence of international naval ships, even without authority to enter territorial waters, will likely deter some pirates from operating.

These patrols would be more effective if they were coordinated through an international organization, such as the United Nations, because they would place less of a burden on individual navies. In order for countries to work through the UN, however, the UN must redefine piracy and acknowledge the true gravity of the problem. The organization's narrow definition of piracy only serves to underestimate the problem and block effective solutions. Article 101 of UNCLOS must be amended to recognize "illegal acts of violence or detention" within territorial waters as piracy and add attacks committed for political gain to the definition. The writers of the new definition must also note that the measure is meant to assist nations, not impinge upon state sovereignty. The United Nations might include language in the new clause allowing patrols only in the territorial waters of nations that have no coast guards or nations located in key shipping areas.

In order to sustain and strengthen the anti-piracy regime, the international community must also work to strengthen the enforcement capabilities of individual nations. Doing so will ensure that vulnerable nations do not become reliant on the protection of powerful countries. This action is especially necessary in Africa, where national governments often lack the military or economic power to enforce laws. The first steps toward increasing government legitimacy and capacity have already been taken through AFRICOM and APS. International organizations can promote this goal through measures such as increasing foreign aid and providing much-needed logistical training to national maritime security forces.

Once individual countries begin to take on more responsibilities with regards to their own anti-piracy patrols, the world can attempt to increase regional cooperation in the long-term. Southeast Asia's successes can be used as a model for other troubled regions, but even Southeast Asia could benefit from greater integration of regional security measures and increased technological aid. Though the international community may provide some encouragement in this area, the initiative must come from the countries facing the direct threat of piracy in order for any regional agreements to be fully successful.

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Effectively combating piracy will be a long and difficult task. It involves a multi-step process that includes the redefinition of piracy, stronger commitment from Western nations to securing trade lanes, and regional dedication among directly affected nations. All of these steps can dramatically decrease the economic and political hazards that piracy poses to the world.

staff writer

ANNA HOPPER

RELATED ARTICLE: DANGER ON THE HIGH SEAS

Number of Pirate Attacks Reported in 2006, by Region

(Number in parentheses represents unsuccessful attempts)

The maritime areas most affected by armed robberies in 2006 were the Malacca Strait and the South China Sea. The number of attacks worldwide has slowly declined after peaking in 2003.

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International Maritime Organization