Twenty thousand ships pass through the Gulf of Aden each year, transporting cargo that includes 12 percent of the world’s daily oil supply. In 2008, maritime piracy gangs operating from Somalia focused worldwide attention on the region by attacking a hundred vessels, hijacking ships, and seizing crew as hostages. Reminiscent of the Barbary pirates who terrorized the Mediterranean during the sixteenth and seventeenth centuries, these modern pirates are holding 300 seafarers from 25 different nations and dozens of ships near Haradhere, Somalia, awaiting ransom for their release. Warships can thwart some attacks, but the only lasting solution to the problem requires reestablishment of a stable government and the rule of law ashore. In the meantime piracy can best be deterred through a regional maritime security agreement, enhanced capabilities for East African states to police their areas, and bilateral commitments to support prosecution efforts. These actions must be taken to protect freedom of the seas, which is the basis of international trade and shared economic prosperity.

Modern Responses to an Ancient Threat

Attracted by lucrative profits, between 1,400 and 2,000 Somali pirates are operating in the Gulf of Aden and the western Indian Ocean. One attack can procure as much as US$10,000--a fantastic sum in a poverty-stricken area. “All you need is three guys and a little boat,” a former captain in the Somali navy commented, “and the next day you’re millionaires.” November 2008 was an especially productive month for the pirates. They seized the Liberian-flagged M/V Biscaglia, a chemical tanker with a crew that included dozens of Indians, and the Ukranian-flagged Faina, which had been transporting 33 Russian tanks and related supplies to the nascent democratic Sudan People’s Liberation Army. The 1,000-foot supertanker Sirius Star, which had been carrying US$100 million in oil bound for the United States, was also hijacked nearly 500 miles East of Kenya.

The piracy threat has prompted some action from the international community. Warships from NATO, the European Union, India, Russia and Pakistan are patrolling the affected waters. To improve merchant self-defense, Admiral William E. Gortney, commander of the US Fifth Fleet in Bahrain, has encouraged vessels to employ resistance tactics such as complicated rudder movements and speed adjustments to foil attacks. However, the enormous size of the operating area--2.5 million square miles--and the pirates’ persistent efforts in search of enticing incentives have made it difficult to slow the pace of attacks.

A key factor in deciding on a solution is the fact that Somalia has lacked an effective government since 1992. The high incidence of piracy in the Gulf of Aden can be attributed to the lawlessness permeating Somalia. “That’s why the pirates there can keep enjoying their loot,” says Noel Choong of the International Maritime Bureau’s Piracy Reporting Centre. “In Asia the pirates will be caught and jailed.” Reestablishing law and order is the long-term solution, but, until then, more concrete political and diplomatic commitments can be effective.

A Regional Approach

A regional approach to maritime security is already unfolding in numerous international collaborative partnerships that promote the rule of law at sea. The model most applicable to the Gulf of Aden can be borrowed from the other side of Africa—the Gulf of Guinea. Created in 1975, the Maritime Organization of West and Central Africa (MOWCA) originally had an unremarkable record but today is experiencing a renaissance. Unlike other regional organizations with more limited goals, MOWCA helps member states cooperatively manage all maritime matters—from port and vessel security to environmental protection. In July 2008, the 25 MOWCA members established a sub-regional coast guard network for West and Central Africa, divided into four coast guard sectors with central commands in several member states. The MOWCA coast guard network integrates the member states’ efforts on the entire range of maritime security issues, from illegal fishing to piracy. Moreover, the network promotes political stability by developing guidelines for coastal surveillance, maintaining a presence in exclusive economic zones, and enforcing international maritime treaties.

Seeking to replicate the successes of other regional organizations, the IMO sponsored meetings in Tanzania and Djibouti to help Horn of Africa states agree on a treaty to address the piracy problem. A regional agreement is essential, but the MOWCA model is the best for the Horn of Africa because MOWCA is a broad agreement, covering not just piracy but all aspects of maritime security. Once the urgent business of signing a regional agreement is completed, states within the region should use their capabilities to implement the global mandate of the UN Security Council.

On the high seas or in any other place outside the jurisdiction of a state, warships from any nation may take action against piracy. Pirated ships may be boarded, the pirates detained, and the property on board seized and submitted to admiralty courts. A global agreement among many states is absolutely essential to implement these obligations, however, because determining which state should prosecute pirates seized at sea is particularly vexing. Typically, a ship victimized by pirates is registered in one state, such as Greece, owned by a corporation located in another state, such as Japan, and operated by a crew comprised of nationals of several additional states, such as the Philippines and Pakistan. Furthermore, the vessel is likely to be transporting cargoes owned by companies in yet another country. On-scene warships coming to the rescue most likely are from yet another state. Although any state may assert jurisdiction in the case of a universal crime, each of these countries has a special interest in the outcome of the prosecution.