The crime of piracy, and how maritime forces respond to it
Context- Piracy, a practice as ancient as the act of sailing, has persisted in various manifestations for hundreds of years. In recent times, pirate attacks have been reported in several regions including the western African coast, the Gulf of Aden, the Horn of Africa, Bangladesh, and the Strait of Malacca.
Why these areas and not elsewhere?
- The high incidence of piracy in certain sea regions can be attributed to four main factors.
- Firstly, these areas are inadequately patrolled due to the weak maritime forces of the coastal countries.
- Secondly, they are often crowded with shipping traffic, either due to geographical choke points or anchorages where ships stay stationary for extended periods.
- Thirdly, nearby land areas often suffer from poor governance or instability, leading to unemployment, poverty, and crime.
- Lastly, these regions often span international waters or straits, or archipelagic waters under the jurisdiction of multiple countries, leading to legal complexities and coordination challenges.
What constitutes the maritime crime of piracy?
- “Piracy” encompasses various maritime crimes, from minor thefts to armed robbery and ship hijacking for ransom.
- The latter is particularly concerning as it incites fear in the maritime industry, leading to the designation of high-risk areas and increased insurance premiums. It also compromises the safety of ships and seafarers and disrupts global supply chains.
How can the crime of piracy be tackled?
- Piracy, being a maritime reflection of onshore instability and poor governance, requires a lasting solution that must be addressed on land.
- While this is pursued by the relevant states and through international diplomacy, it’s crucial for global maritime forces to maintain and stabilize the situation at sea.
- This is because disruptions to maritime commerce, or “mercantile peace”, can impact the economies of most countries.
What role has the Indian Navy played in tackling the problem?
- The Indian Navy has been a proactive force in the areas off the Horn of Africa and the Gulf of Aden, with its anti-piracy patrol ongoing since 2008. It has successfully intervened in numerous situations, preventing several pirate hijacking attempts.
- The high-risk area in the Arabian Sea, prevalent during the peak of Somali piracy (2009-12), was significantly reduced due to the Indian Navy’s efforts.
- Recent operations, including the rescue of a Sri Lankan fishing trawler and two Iranian boats, further demonstrate the Indian Navy’s continued professionalism and effectiveness in these waters.
Who are the pirates, and what is their modus operandi off Somalia or in the Gulf of Aden?
- Piracy at sea is not a romanticized adventure but a desperate act by impoverished individuals. Pirates operate from a mother ship, usually a large boat or small ship, accompanied by skiffs equipped with powerful motors.
- They target slow-moving ships with low freeboards, which are easy to approach due to their small size and high speed. Pirates board the target ship using grapnels and ladders, carrying small arms or rocket launchers to intimidate the small, unarmed crew.
- Merchant ship crews are often instructed not to resist to avoid damage to the ship and cargo. Instead, they lock themselves in a safe zone and send out a distress signal. Ship-owners typically prefer to pay a ransom for the ship’s release to avoid legal complications.
So what do maritime forces do in their anti-piracy response?
- Maritime forces employ four key strategies to combat piracy. They maintain a visible presence to deter pirates, conduct surveillance to identify suspect vessels, warn passing ships about potential threats, and intervene in developing situations to prevent piracy attempts or rescue hijacked vessels.
- Some forces operate as part of a US-coordinated maritime coalition, while others operate independently. Communication and coordination among all maritime forces are crucial. Ships equipped with armed helicopters are particularly effective due to their rapid response capabilities.
- Marine commandos, such as those in the Indian Navy, are highly skilled in intervention operations and play a vital role in overcoming pirates and releasing the crew.
What happens after the pirates have been subdued?
- Dealing with captive pirates presents numerous legal challenges due to inadequate national laws and the lack of an effective international legal mechanism for their trial.
- The involvement of various nationalities, countries, maritime zones, and flag states further complicates jurisdictional issues.
- Typically, captured pirates are disarmed, their boats are rendered inoperable, and they are set adrift. However, they often manage to return to piracy. Occasionally, they are handed over to a coastal state for legal proceedings.
- The long-term solution to piracy involves addressing misgovernance and unemployment in coastal nations, which fuel maritime criminal activities.
- Until these issues are resolved, piracy will continue to be a recurring problem, necessitating ongoing efforts by maritime forces to maintain peace.
Conclusion- Piracy at sea is a complex issue that extends beyond the maritime domain. It is a manifestation of onshore instability and poor governance, and its resolution requires a comprehensive approach that addresses these root causes. While maritime forces play a crucial role in maintaining peace at sea, their efforts alone are not sufficient. Legal challenges related to the handling of captive pirates further complicate the situation.
Ultimately, a lasting solution to piracy lies in addressing the issues of misgovernance and unemployment in coastal nations. Until these underlying issues are resolved, maritime forces will continue to play a vital role in ensuring the safety and security of global maritime commerce.