I have long been interested in this problem, having personally sailed the waters in today's news and other dangerous areas like the Straits of Melaka a few decades ago. Twenty five years ago the Straits of Florida was ranked as one of the
top three most dangerous transits in the entire world because of piracy.
The ongoing piracy problem is nothing new. It is also a problem that has been solved before. The quandry cannot be solved at this time because through systemic political failures
world wide in the last few decades few countries
may act legally and those that may exist in a world where unilateral action is becoming more and more unpopular.
Until I started looking into it I thought that there were no legal impediments to fighting piracy. After all, piracy is a very old problem and it has been soundly dealt with in the past with far less resources than we, collectively, may bring to bear today. It turns out that there are at least a couple deal killers. First of all Somalia is a
stateless state so there is no real legal authority to turn a pirate over to who's been caught committing crimes in Somali waters. Also, no country wants to bring a Somali pirate to their own country for trial for an offense that took place thousands of miles away. The Brits have clearly stated that they fear that if they brought a Somali pirate to England for a trial he might apply for asylum straight away. Expensive and counterproductive.
As problematic as the 'stateless state' issue is there are far greater obstacles to stopping modern piracy. Last year Bret Stephens wrote an excellent article entitled,
"Why Don't We Hang Pirates Anymore?"
From the article:
...What about international law? Article 110 of the U.N.'s Law of the Sea Convention -- ratified by most nations, but not by the U.S. -- enjoins naval ships from simply firing on suspected pirates. Instead, they are required first to send over a boarding party to inquire of the pirates whether they are, in fact, pirates...
Here is a link to a map showing which nations have ratified the U.N.'s loopy Law of the Sea Convention. EDIT: LIGHT GREEN = signed, but not yet ratified. DARK GREEN = ratified. A quick glance will show that it hamstrings
nearly all nations who may otherwise play a significant role in ridding the world of the scourge of piracy --
AGAIN!
The world is far better equipped to deal with piracy today than at other times in our past when piracy was defeated. The one thing we lack is the
political will. On the world wide stage our politicians just can't seem to remember how piracy has been defeated in the past. Today's problem is a political problem -- the goof balls at the UN wrote some stupid, unworkable language into the UNLOTC and most of the world's politicians signed off on it. The current pirate problem should be resolved
legally, with violence if necessary, as it was 200 years ago, but the gloves
can't legally come off soon. It's up to the Pols -- not the navies.
Stephens closes the article succinctly by adding:
...A society that erases the memory of how it overcame barbarism in the past inevitably loses sight of the meaning of civilization, and the means of sustaining it.
Another
interesting article regarding the difficulties involved in overcoming the current pirate trend. In a nutshell it touches on the legal problems with arming merchant sailors and also mentions how, for example, it's a poor idea to arm crews on ships with volatile cargos...