Piracy: Threat to world peace

Maritime piracy is a threat to all nations and is a crime subject to universal jurisdiction. States are called upon to favourably consider the prosecution of suspected and imprisonment of convicted pirates, consistent with applicable International Human Rights Law and United Nations Security Council Resolutions.

Pirates are considered by International Law as common enemies of all mankind. The world naturally has an interest in the punishment of offenders and is justified in adopting international measures for the application of universal rules regarding the control of terrorism. The common understanding between states has been that pirates should be lawfully captured from the high seas.

Capturing pirates in the high seas has become an extremely difficult task due to the vastness of the area and lack of resources. Despite attempts of concerted acts of nations and the United Nations to combat piracy, they freely engage in disturbing world peace and attacking the economy by blocking and harming sea routes.

The only way goods and especially oil and gas are transported is via high seas. Most ships are unarmed. Even though they are armed, in the high seas pirates can be powerful as they are people who have risked everything to achieve their ends. It has been revealed that few pirates come home alive as fighting in the high seas is dangerous.

The Security Council of the United Nations has discussed this extensively at the highest levels. The Council adopted Resolution 1897, reviewing the anti-piracy measures of Resolution 1846 and 1851 for another 12 months. Despite all this, piracy continues.

It has been revealed that it is mainly around Somalia that the pirates are active. Unfortunately, Somalia is a country which has problems of law and order when the Government is not effective due to instability. Therefore the pirates have a free hand to carry on their illegal activities.

The countries affected due to piracy are not only islands or countries facing the high seas. Every nation is affected because piracy increases insurance claims and expenditure on sea transport. The world depends on the sea for transport of goods. Therefore, the sea must be a peaceful place for navigation.

The sea has been a place of war from time immemorial, but the irony is that despite the advancement of science, pirates are able to act freely and keep ships in custody, claiming ransom in cash.

Most pirates are not prosecuted because prosecution in piracy is a complicated and a tedious process. On the other hand, the law is not clear and complicated. Some countries and companies prefer to pay the ransom and get the ships cleared rather than prosecute. Finding witnesses, jurisdiction and courthouses are tedious. The pirates are aware of this scenario. Once they are caught they are warned and generally set free. Piracy has become streamlined and has marks of professionalism. There are high ranking investors for piracy. Rich people spend heavily on pirates who become agents of the investors. Ransom is demanded in cash. Therefore at times it is dropped by helicopters. This shows there is an understanding and even those who intermediate for settlement. The moment a ship is hijacked, the agents become active, they negotiate with the governments and companies.

The United Nations and number of countries directly affected are in the voyage of finding a solution to control piracy. According to the Somalian Government, they are unable to control piracy because it has become powerful and organised locally and internationally. Somalia is a poor country thereby piracy has become a lucrative and a steady source of income. The earnings of piracy from leaders trickle down to village level, thereby piracy is supported by the common man.

The International Maritime Organization recorded by November 2008 that there had been 92 attacks on ships in that year. A UN Report recorded that 44 ships were seized by pirates in 2008, with more than 600 sailors held for ransom. The report further states that in the first nine months of 2010, 34 ships were hijacked and in excess of 450 seafarers were taken hostage.

Piracy is an act of terrorism. Terrorism has involved groups seeking to overthrow specific regimes to rectify perceive national or group grievances or to undermine international order as an end itself. But there is no consensus among the world community that terrorism is an offence between established principles of law. What is currently needed is a joint and concerted effort of the United Nations and the entire world community on combating this dreadful menace. Sri Lanka being an island is directly affected by piracy. There are number of Sri Lankans and ships currently affected as hostages. It is very difficult to settle matters of small considerations because the expectations of pirates are extremely high. For example, on hijacking ships of high value such as oil, the pirates promptly get their share, whereas small ships with small consignments are not able to pay a substantial ransom.

United Arab Emirates is an oil rich country and pioneers in naval power. They are experts and leaders in naval exercises. The seminar organised last year on global challenge regional responses forging a common approach to maritime piracy has been extremely successful as the workshop was represented by the world body and member of the world family.

Sri Lanka was represented by the Deputy Minister of External Affairs, the Navy Commander and a group headed by the Sri Lankan Ambassador in the UAE.

Very important and constructive measures were taken during the process to set up a fund to help Somalia and the piracy producing countries to uplift their income and to transform their countries into democracies so that there would be no place for pirates and piracy. There were important matters discussed and deliberations were arrived at for a joint and concerted effort to combating piracy. It is time that we discuss how Sri Lanka and the Navy could assist the world community in combating piracy. The world respects Sri Lanka as experts and experienced in naval exercises in the rough seas. It has been revealed that many naval forces worldwide are watching Sri Lankan exercises in the Indian Ocean as a guideline as Sri Lankans are experts in combating terrorism and protecting the sea. It is time that Sri Lanka offers assistance to the world in combating piracy and terrorism.

(The writer – LL.M (London) Solicitor – is Sri Lanka’s Ambassador to the United Arab Emirates. He can be reached via [email protected])