Sea Piracy: Legal, Political and Security Aspects

Cemalettin KARADAŞ

I. Introduction

In recent years, modern world is facing an old fashion concept of crime, piracy, which has become unexpected concern of international community because of its increasing intensity in number and ransom demanded have reached to the level of severe threat to the security of commercial shipping and the safety of crews and passengers. During the last two decades conflict with armed groups who have been attacking foreign vessels not only in the territorial seas but even at distances beyond 200 nm¹ from shore in Somalia has endemically been announced worldwide as an example of this increasing crime of piracy.² Even though military deterrence has managed to reduce the ratio of successful attacks off the coast of Somalia, a long-term solution for Somali piracy (the current and the main worldwide hotspot) cannot be provided as the root causes of piracy are ashore. The situation has many dimensions. Therefore, a broad approach is needed to address instability, lack of governance and poverty in Somalia and other countries which generate piracy, as well as to ensure effective prosecution of pirate suspects, in compliance with human rights standards. Unless this is done, the high seas off the coast of Somalia will continue being a risky environment for the sea trader.

As reported repeatedly Somalia has already become a very risk-involved sea area since cruise-liners have been shot at, aid deliveries put in danger and the crews of any kind of vessels (fishing, frivolous or aid vessels) have been captured for ransom.³ Concerns raised in the international arena especially because Somalia has lost her authority (prima facia a collapsed government or even a failing State⁴) over its territorial seas since 1990s, and has declared her incapacity to combat piracy.⁵ To this end, as an international response, the United Nations Security Council (UNSC) authorized member States to take necessary measures, including the use of force, in cooperation with the Transitional Federal Government of Somalia (TFG).⁶ This international effort seems to be in need of establishing more steps such as inter alia cooperation and combined works carried out by both regional States and the international community.⁷ In addition to these, it was also suggested that a successful result would depend on practice of various defensive measures developed by the sea trade sector.⁸

II. The Scope of the Study

The reasons behind the crimes committed in the high seas might of course differ⁹ but our concern here is to analyze the crime of piracy from the international law point of view and draw attention to how the international community should response to it. The issue raised here holds several dimensions; mainly legal, political and security measures. These should be discussed in detail to provide an action plan to combat piracy. It is a threat to international security. This may well feed conflict and terrorism. It has thus encouraged a growing convergence between the security and development policies of the major donors.¹⁰ The aim of this article in this regard is to give brief information, with an historical background, about the legal aspect of piracy in international law and then focus on the subject-matter from international security and policy making point of view.