Troubled waters: A U.S. Navy P-3C Orion aircraft captures video of the hijacked Maersk Alabama.
Sunday's dramatic rescue of Capt. Richard Phillips brings to
a felicitous end an incident involving the most egregious assault on U.S. commercial
shipping in two centuries. The last time maritime marauders were so bold, Thomas
Jefferson and James Madison tasked the fledgling U.S. Navy and Marine Corps
with taking the fight to the pirate havens along the "shores of Tripoli."
This weekend's incident highlights what the world's best-trained military can
accomplish under the right conditions. But it also underscores the limits of
force in the face of a seemingly intractable challenge posed by the Somali
pirates.
According to the International Maritime Bureau, 111 of the
293 incidents of piracy or armed robbery at sea in 2008 took place off the
coast of Somalia -- double the number from the preceding year. And 2009 is
hardly off to an auspicious start. In spite of poor meteorological conditions
-- hardly favorable for maritime forays -- there have already been more than a
dozen seizures so far this year.
The pirates aren't just getting lucky. Indeed, Somali piracy
is quite the opposite of the helter-skelter often portrayed in the media; it is
a highly structured enterprise built around a number of syndicates. Pirate
bases in Eyl, in the northeastern Puntland region, and in Xarardheere, in
central Somalia, stand out for their audacity and for the resources they
command. The syndicates operate "mother ships" far offshore that serve
as long-range platforms for the speedboats that attack commercial vessels; they
own depots along the coast where the pirates resupply before bringing captured
boats to their main bases; and they coordinate the networks to support pirate
operations on land. A report to the U.N. Security Council last month by
Secretary-General Ban Ki-moon plaintively conceded that "these groups now
rival established Somali authorities in terms of their military capabilities
and resource bases."
Not only are the Somali pirates well-organized, but they
have proven to be highly resilient to changes in the strategic environment. As
I warned in an analysis
two weeks ago, the pirates have not been intimidated by the international
naval force that has assembled to prevent a repeat of last year's hijackings.
Instead, they have shifted their operations to less patrolled areas, with
strikes increasingly taking place farther and farther from the coast, on the
high seas of the western Indian Ocean. The attempted seizure of the Maersk
Alabama, for example, took place approximately 240 nautical miles southeast of the
Somali shore. Mother ships, which resemble fishing vessels, have also worked
hard to confuse antipirate patrols by avoiding the Somali coast altogether,
docking instead at ports in other countries for refueling and resupplying (the
U.N. report identified Al Mukalla and Al Shishr in Yemen).
Historically, piracy has been a crime of opportunity, and
there are few places with conditions more favorable than the de facto
statelessness that has afflicted Somalia since the collapse of the country's
last effective government in 1991. In this Hobbesian state, all sorts of
individuals have become stakeholders in the political economy of piracy. In
exchange for a share in the eventual ransoms, wealthy Somali businessmen finance
the purchase and outfit of mother ships and skiffs as well as the recruitment
and arming of their crews. In various ports, paid informants send information
about vessels' defenses, crews, cargos, and itineraries, enabling pirate gangs
to select their targets and plot courses for interception. The Maersk Alabama,
for example, had left Djibouti en route for Mombasa, Kenya, four days before it
was hijacked; that information alone would have enabled a potential attacker to
narrow the search for it, even without the automatic identification system (AIS)
transmitting on board, radar, and other technologies.
Once a vessel is seized and brought to a pirate base,
negotiations begin between the pirates and representatives of the ship's owner
and its insurer. Eventually, the ransom, which is nowadays typically about $1
million -- although $3.2 million and $3 million, respectively, were paid to the
captors of the Ukrainian-owned weapons freighter Faina and the Saudi-owned
supertanker Sirius Starearlier this
year -- must be delivered directly to the hijacked vessel by agreed-upon
intermediaries, usually rather specialized security consultants.
Although many people are involved in the process -- from the
dealers who supply the pirates with the fuel to sail out, to the prostitutes
who entertain them on their return -- some are more susceptible than others to
pressure from the international community. Certainly, pirate financiers in the
Somali diaspora are targets for legal proceedings if evidence can be found of
their role. Ship owners and insurers also bear a measure of responsibility because
their ransom payments are incentivizing more and more Somalis to embark on
careers in piracy.
Other profiteers to target include the regional Puntland
government and al-Shabab, the al Qaeda-linked Islamist militant group that was
formally designated a "foreign terrorist organization" last year by
the U.S. State Department. Both entities receive a portion of the proceeds in
exchange for allowing the pirates to operate in areas they control. That's an
opportunity for a crackdown: A case could be made that the payment or handling
of ransom is prohibited under international treaties (such as the U.N. Convention
Against Corruption), U.S. domestic legislation (such as the Foreign Corrupt
Practices Act), or other laws covering the finance and material support of
terrorism.
Still, Somalis are going to have to step up. Because piracy
plays a huge economic role in communities where the marauders are based,
attacking the enterprise requires building up local political and security
capabilities so as to reduce the extent of the areas of "lawlessness"
that the pirates have exploited up to now. Such a strategy includes developing
a coast guard, perhaps initially under African Union or subregional auspices, that
would constantly patrol the region along the shore. Over time, this coast guard
might acquire the wherewithal to collect and process information useful in
taking down the pirate networks altogether. Even if it was never as
sophisticated as that, a local coastal patrol has better prospects for
sustainability than the continued massive presence of warships from the
blue-water navies of the world.
Undoubtedly, a robust military response like that delivered
Sunday by the U.S. Navy to the captors of Captain Phillips (and the French Navy
last Friday to the pirates holding the yacht Tanit and its French civilian
passengers) will be needed again to deal with pirate actions underway and to
deter other potential maritime hijackings. Of course, as Bjoern Seibert
convincingly argued
here two weeks ago, the various naval efforts need to be better
coordinated, if not integrated. Ultimately, however, piracy is far more complex
than any naval patrol; it will require more than just the application of force
to uproot piracy from the soil of Somalia.
J. Peter Pham is director
of the Nelson Institute for International and Public Affairs at James Madison
University and is senior fellow at the Foundation for Defense of Democracies.
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