A lot has been written about the troubles of the U.S. Navy’s surface force, but two underlying institutional problems have not been fully addressed. The failure to address these flaws promises that the U.S. Navy’s surface force will continue to risk generating less capable Sailors who are more risk averse and less tactically astute.
There are far too many Junior Officers (JOs) aboard ships. Around 2000-2001 the Surface Navy began to put double or even triple the number of ensigns onboard ships. For a DDG-51-class destroyer, instead of having 4–5 ensigns, they would have 8–10 or even more. On larger ships such as cruisers or amphibious ships the numbers could be even higher.
Having too many JOs onboard a ship means many do not get the needed experience for when they become department heads and commanding officers. As a result, during their division officer tours, JOs were getting far less time learning how to make independent decisions on the bridge and in the CIC. If a junior surface warfare officer doesn’t develop proficiency at driving a ship, understanding all the instruments they have available, and coordinating with and utilizing the CIC, then they will have a much more difficult time developing those skills later in their careers. Now those original excess JOs are the current generation of surface ship COs and XOs.
There are far too many internal requirements. It is already known that the Surface Navy’s operational tempo is crushing, but a significant increase in mission area requirements within the lifelines of the ship itself also impacts operations. Navy surface ships are required to do far too many certifications, inspections, and qualifications, and with too few Sailors the ship as a whole has less time to effectively train and earns less experience in all mission areas to include seamanship and navigation.
At roughly the same time ships were getting more JOs they also received three additional mission areas that added significant strain to an already overloaded set of requirements. Specifically, all Navy ships added Anti-Terrorism/Force Protection after the USS Cole bombing and 9/11, a few years later certain DDGs began adding Ballistic Missile Defense (BMD), and more recently all have added cybersecurity. All three missions require significant calendar time for the crew and impose additional requirements for leaders to learn. Put another way, using rough numbers and dropping areas that have minimal impact on the entire ship, the Anti-Terrorism/Force Protection, Ballistic Missile Defense, and cybersecurity mission areas have added roughly 20 percent more requirements to the workload of a U.S. Navy BMD destroyer.
While these missions have real value, their introduction was not matched by a corresponding offset of other requirements, inhibiting the crews’ abilities to develop real proficiency in not only those three new mission areas but all others as well. By failing to adjust the risk calculus as it is reflected in the mission areas and requirements assigned, the Navy only incurred more risk.
All of the mistakes made on the Fitz and McCain could and should have been mitigated by an experienced crew of officers, including the JOs on the bridge, the department head and JOs in CIC, and the XO and CO. But both the COs and XOs of Fitz and McCain were the products of having too many ensigns aboard and suffocating internal requirements that demanded significant increases in focus, time, and training when there was zero to spare. While this doesn’t necessarily point to direct causation of those fatal collisions, these two problems significantly contributed to the Fitz and McCain disasters and risk the systemic atrophy of the Surface Navy as a whole.
Matthew Harper, Commander, U.S. Navy (ret.) was a Surface Warfare Officer who served on three DDG-51 class destroyers, USS Cole (DDG 67), USS Shoup (DDG 86), and most recently as Executive Officer on USS Curtis Wilbur (DDG 54). In addition to performing three days of damage control after a terrorist attack on USS COLE, he holds a Masters in Public Administration from Harvard Kennedy School and is an award winning author for “Chinese Missiles and the Walmart Factor,” published in the U.S. Naval Institute Proceedings.
Featured Image: 190711-N-DX072-1117 TASMAN SEA (July 11, 2019) The U.S. Navy Arleigh Burke-class guided-missile destroyer USS William P. Lawrence (DDG 110) transits with the amphibious transport dock ship USS Green Bay (LPD 20) in a photo exercise (PHOTOEX) during Talisman Sabre 2019. (U.S. Navy photo by Mass Communication Specialist 2nd Class Anaid Banuelos Rodriguez)
CIMSEC received a tremendous response to our Call for Articles requesting short submissions where contributors offer their suggestions to the U.S. Navy’s new Chief of Naval Operations, Admiral Michael Gilday. (This is an independent CIMSEC initiative and is not produced in cooperation with any U.S. Navy organization or entity.)
Below are the articles and authors featuring during the topic week. We thank them for their excellent contributions.
Dmitry Filipoff is CIMSEC’s Director of Online Content. Contact him at Content@cimsec.org.
Featured Image: MAYPORT, Fla. (Sept. 17, 2019) – Chief of Naval Operations (CNO) Adm. Mike Gilday visits with Sailors assigned to Patrol Squadron (VP-26). (U.S. Navy photo by Chief Mass Communication Specialist Nick Brown/Released)
This article originally featured in the September-October 2019 edition of Military Reviewand is republished with permission. Read it in its original form here.
By Gen. Robert B. Brown, U.S. Army, Lt. Col. R. Blake Lackey, U.S. Army, and Maj. Brian G. Forester, U.S. Army
As China continues its economic and military ascendance, asserting power through an all-of-nation long-term strategy, it will continue to pursue a military modernization program that seeks Indo-Pacific regional hegemony in the near-term and displacement of the United States to achieve global preeminence in the future.
—Summary of the 2018 National Defense Strategy
We are at a strategic inflection point. A hypercompetitive global environment coupled with accelerating technological, economic, and social change has resulted in an incredibly challenging and complex twenty-first-century operating environment. Nowhere is this more apparent than in the Indo-Pacific as the People’s Republic of China (PRC), under the leadership of the Chinese Communist Party (CCP), seeks to undermine the rules-based international order that has benefitted all nations for over seventy years. The PRC’s intentions are clear: to shape a strategic environment favorable to its own national interests at the expense of other nations. Recognizing the growing global challenges emanating from the region, our national leaders have offered a contrasting vision: a “Free and Open Indo-Pacific.”1 Since the end of World War II, the substance of that vision has benefitted all nations and none more than China. As an integral part of the U.S. Indo-Pacific Command’s joint and combined approach to realize that vision and maintain the advantage against the PRC, Army forces are actively competing for influence in the region. Maintaining an Indo-Pacific that is free and open will require us to continue competing with Beijing by forward posturing combat-credible forces, strengthening our regional alliances and partnerships, and tightly integrating with the combined joint force to succeed in multi-domain operations.
A Revanchist China
The CCP’s unabashed vision for the future is the “great rejuvenation of the Chinese nation.”2 Beyond just words, this blueprint has manifested itself in actions such as China’s One Belt, One Road initiative, wherein the CCP promises loans for infrastructure development across the Asia-Pacific region and, increasingly, the globe. In 2018, China expanded One Belt, One Road to include arctic regions as the “Polar Silk Road” and emphasized its growing status as a “Near-Arctic State.”3 Exploiting the resources of other nations for China’s benefit, One Belt, One Road development agreements often come with harmful, mercantilist terms that result in host-nation corruption, crippling debt, and Chinese takeover of critical infrastructure. For example, Chinese loans to Sri Lanka for a port project in Hambantota ultimately resulted in political turmoil and debt default. In 2015, Sri Lanka was forced to hand the port over to China along with fifteen thousand acres of coastline.4 This and other examples represent the type of “debt-trap diplomacy” that typifies the predatory economic practices under China’s One Belt, One Road.5
Beyond simple regional influence, the CCP has a long-term vision for global preeminence.6 President Xi Jinping has offered a plan to guide China through domestic transformation and realize the “Chinese dream.”7 This plan includes “two 100s,” a symbolic representation of the CCP’s and the PRC’s one hundred-year anniversaries (2021 and 2049, respectively). By 2021, the CCP aims to achieve status as a “moderately prosperous society,” doubling its 2010 per capita gross domestic product and raising the standard of living for all Chinese citizens.8 By the PRC’s one hundredth anniversary in 2049, the CCP envisions the nation as “fully developed, rich and powerful,” with an economy three times the size of the United States backed up by the world’s premier military power.9 Collectively, the “two 100s”—with 2035 as an interim benchmark year—outline China’s self-described path to revitalization as a superpower. This future vision is evident in the rhetoric and views of People’s Liberation Army (PLA) leaders. Command level engagements with PLA officers indicate that they no longer fear the United States. Twenty, or even ten, years ago, it was evident that the PLA viewed the United States with a healthy dose of both respect and fear. That view has noticeably changed in recent years. While the PLA still respects our military capability, it no longer fears us, which is reflective of its confidence in its growing relative military power.
China has been utilizing the current peaceful interlude in international relations to aggressively modernize its military force. From 2000 to 2016, the CCP increased the PLA’s budget by 10 percent annually.10 And while the CCP has voiced its intentions to achieve a fully modernized force by 2035, its actions indicate a far earlier target.11 Capitalizing on the research-and-development efforts of other nations, frequently through underhanded means, the PLA is rapidly expanding its arsenal, focusing less on conventional forces and more on nuclear, space, cyberspace, and long-range fires capabilities that enable layered standoff and global reach. The PLA’s updated doctrinal approach to warfighting envisages war as a confrontation between opposing systems waged under high-technology conditions—what the PLA refers to as informatized warfare.12 In short, this is using information to PLA advantage in joint military operations across the domains of land, sea, air, space, cyberspace, and the electromagnetic spectrum. Additionally, recognizing the need to carry out joint operations in a high-tech operating environment, the PLA is in the process of reforming its command-and-control structure to resemble our own theater and joint construct.13 In sum, the CCP characterizes the PLA’s military modernization and recent reforms as essential to achieving great power status and, ultimately, realizing the “great rejuvenation of the Chinese nation.”14
Our Competing Vision
It is against this backdrop that U.S. Indo-Pacific Command is implementing a strategy toward our national vision of a “Free and Open Indo-Pacific.”15 As stated by Adm. Phil Davidson, commander of U.S. Indo-Pacific Command:
We mean ‘free’ both in terms of security—being free from coercion by other nations—and in terms of values and political systems … Free societies adhere to the shared values of the United Nations Charter and the Universal Declaration of Human Rights, respecting individual liberties.16
By “open,” we mean that “all nations should enjoy unfettered access to the seas and airways upon which our nations and economies depend.” This includes “open investment environments, transparent agreements between nations, protection of intellectual property rights, fair and reciprocal trade—all of which are essential for people, goods, and capital to move across borders for the shared benefit of all.”17The substance of this vision is not new; “free and open” have buttressed our regional approach for over seventy years. As an enduring Pacific power, we aim to preserve and protect the rules-based international order that benefits all nations, and it is this objective that underpins our long-term strategy for Indo-Pacific competition.18
Despite our conflicting visions, we must not overlook areas of common interest with China. As noted by then Acting Secretary of Defense Patrick Shanahan at the recent IISS (International Institute for Strategic Studies) Shangri-La Dialogue in Singapore, “We cooperate with China where we have an alignment of interests.”19 We have strands of commonality—especially in the military realm—notably related to humanitarian assistance and disaster relief. U.S. Army Pacific annually participates in the largest exercise with the PLA that focuses on disaster response. We can and should find common ground to build trust and stability between our two nations. But, as Shanahan went on to say, “We compete with China where we must,” and though “competition does not mean conflict,” our overarching goal is to deter revisionist behavior that erodes a free and open Indo-Pacific and, ultimately, win before fighting.20 Land forces play a key role in competing to deter the PRC. Deterrence is the product of capability, resolve, and signaling, and there is no greater signal of resolve than boots on the ground. Forward-postured Army forces, alongside a constellation of like-minded allies and partners, provide a competitive advantage and a strong signal of strength to potential adversaries. Should deterrence fail, forward-postured land forces support a rapid transition to conflict, providing the Indo-Pacific commander additional options in support of the combined joint fight. In an environment where anti-access aerial denial systems provide layered standoff, forward-postured land forces can enable operations in the maritime and air domains if competition escalates to crisis or conflict, which we have demonstrated in tabletop exercises, simulations, and operational deployments.
A Naval Strike Missile fires from an Army Palletized Load System truck 12 July 2018 before hitting a decommissioned ship at sea during the world’s largest international maritime exercise, Rim of the Pacific, at the Pacific Missile Range near Kekaha, Hawaii. This was the first land-based launch of the missile. (Photo by David Hogan, U. S. Army Aviation and Missile Research Development and Engineering Center Weapons Development and Integration Directorate)
Competition with the PRC is happening now, and the twenty-five thousand islands in the Indo-Pacific will be a key factor in any crisis scenario we may encounter. U.S. Army Pacific delivers several advantages to the combined joint force as America’s Theater Army in the Indo-Pacific. This summer, U.S. Indo-Pacific Command completed the first ever certification of U.S. Army Pacific as a four-star combined joint task force (CJTF). This historic certification not only signifies the integral role of land forces in the Indo-Pacific, but it also provides the combatant commander the option of a land-based CJTF. Additionally, Army forces contribute to an agile and responsive force posture that ultimately strengthens the joint force’s capacity for deterrence.
Now in its seventh year, the Pacific Pathways Program is evolving to meet the demands of increased competition. Under Pathways 2.0, U.S. Army Pacific forces are now west of the international dateline ten months of the year, and the Pathways Task Force, which is growing from under 1,000 to approximately 2,500 troops, will remain static in key partner nations—especially in the first island chain—for longer periods.21 Doing so benefits the partner forces by increasing the depth of training and relationships, enhances the combat readiness of the deployed task force, and allows the dynamic force employment of smaller units to outlying countries. For example, in May of this year, we operationally deployed a rifle company from the Pathways Task Force based in the Philippines to Palau for combined training with the local security forces—the first time in thirty-seven years Army forces have been in Palau. Pathways 2.0 and other Army force-posture initiatives are expanding the competitive space, providing opportunities to compete with the PRC for influence in previously uncontested regions of the Indo-Pacific.
Operating among the people, our land forces are especially suited to strengthening the alliances and partnerships in a complex region containing over half of the world’s population. Everything we do in the region militarily is combined; we will never be without our allies, partners, and friends. Relationships must be built before—not during—a crisis. We strive every day to form our team in the Indo-Pacific so that when a crisis occurs, we are ready. During U.S. Army Pacific’s recent certification as a CJTF, key allies and partners provided critical capabilities that made the entire team better. The exercise exemplified the importance of forming the team prior to crisis, strengthening our capacity for deterrence to ensure a free and open Indo-Pacific. Because fear and coercion are central to the PRC’s regional approach, mutually beneficial and purposeful engagements build trust among our partners and enable us to cooperatively counter China’s intimidation. During this fiscal year alone, U.S. Army Pacific conducted over two hundred senior leader engagements, seventy subject-matter expert exchanges, and over thirty bilateral and multilateral training exercises involving thousands of soldiers. These partner engagements reinforce the message that nothing we do in the theater will be by ourselves; it is only by working together that we can achieve a free and open Indo-Pacific.
Army forces also strengthen regional partnerships by enhancing interoperability among militaries. We often focus interoperability discussions on technical systems (communications, fires, logistics, etc.). The hard reality is that our systems will always have challenges with communication, and though we should not stop pursuing perfection, we must not forget the other dimensions of interoperability: procedures and relationships. Procedural interoperability involves agreed upon terminology, tactics, techniques, and procedures that minimize doctrinal differences. While we will always remain frustrated by—and often focused on—systems interoperability, procedural interoperability should not be overlooked as a way to enhance our cooperative effectiveness. The most important dimension of interoperability is personal relationships. Strong relationships among partners can overcome the friction inherent in today’s complex operating environment, especially at the outset of crisis, and they are a critical component of long-term strategic competition with China.
Finally, our strategic approach to the Indo-Pacific embraces the reality that current and future operations will be multi-domain. In competition and conflict, all domains—land, air, maritime, space, and cyberspace—will be contested. The combined joint force will have to seize temporary windows of opportunity to gain positions of relative advantage. Considering the geographic complexity of the Indo-Pacific across twenty-five thousand islands, land forces will play a pivotal role in supporting operations in other domains whether during competition, crisis, or conflict. Exercises and simulations have demonstrated the value of land-based systems—integrated with cyber and space capabilities—in enabling air and maritime maneuver. For over two years, U.S. Army Pacific has been leading the Army’s Multi-Domain Task Force (MDTF) Pilot Program; through exercises and experimentation in the Indo-Pacific, we are driving the development of multi-domain operations (MDO) doctrine and force structure. Earlier this year, we activated the first Intelligence, Information, Cyber, Electronic Warfare, and Space (I2CEWS) Detachment, which serves as the core of the MDTF’s forward-deployed capability to strengthen our capacity for deterrence.
Soldiers from Chinese People’s Liberation Army (PLA) Southern Theater Command and the U.S. Army Pacific carry an injured man 18 November 2016 as they conduct a search-and-rescue operation at a simulated earthquake-collapsed building during the U.S.-China Disaster Management Exchange drill at a PLA training base in Kunming in southwestern China’s Yunnan Province. (Photo by Andy Wong, Associated Press)
Succeeding in multi-domain competition with China will require an unprecedented level of U.S. joint force integration. In the past, we have waited for conflict to begin for jointness to take hold, but we cannot afford to do so now. And while we are well practiced at joint interdependence in conflict—notable examples include Operations Desert Storm and Iraqi Freedom—MDO will require the “rapid and continuous integration of all domains of warfare to deter and prevail as we compete short of armed conflict.”22 Accomplishing this level of joint integration will require us to break down existing service stovepipes, overcome our tendency to seek service-centric solutions, and integrate doctrine, training, and modernization efforts to mature MDO into a joint warfighting approach. The Indo-Pacific is truly a combined and joint theater, and we must seek combined and joint solutions to the problem of competition with China.
Our Advantage
We should be clear-eyed about the PRC’s demonstrated intentions to undermine the rules-based international order and shape a strategic environment favorable to its interests at the expense of other nations. No one seeks conflict, but as George Washington once said, “To be prepared for war is one of the most effectual means of preserving peace.”23 U.S. Army Pacific, as part of a lethal combined joint team, contributes to deterrence through the forward posture of combat-credible forces, the strengthening of our regional alliances and partnerships, and a joint approach to MDO. We will cooperate with China where we can but will also compete where we must to maintain a free and open Indo-Pacific and preserve the rules-based order that has been at the heart of the region’s stability and prosperity for over seventy years.
Strategic competition with China is a long-term challenge, exacerbated by the accelerating complexity of the global security environment. Within this challenge, though, is the opportunity to leverage our greatest long-term advantages: our partnerships and our people. Everything we do in the Indo-Pacific is in partnership with other nations. We must maintain strong alliances and partnerships, leveraging our combined forces to ensure a free and open Indo-Pacific. And as Gen. George Patton said, “The soldier is the Army. No army is better than its soldiers.”24 Though our combined joint force is the envy of the world, we have “no preordained right to victory on the battlefield.”25 We must actively invest in the development of our people now in order to retain the advantage in MDO. Leaders who can thrive—as opposed to just survive—in ambiguity and chaos are essential if we are to maintain a combat-credible force that can succeed in a complex, multi-domain operating environment. We are confident in our greatest assets—our people, in cooperation with our great allies and partners. Investing in our advantage today will ensure we can compete, deter, and, if necessary, win as part of a lethal combined joint team.
Gen. Robert B. Brown, U.S. Army, is the commanding general of U.S. Army Pacific (USARPAC). He has served over fourteen years with units focused on the Indo-Pacific region, including as commanding general, I Corps and Joint Base Lewis-McCord; deputy commanding general, 25th Infantry Division; director of training and exercises, United States Indo-Pacific Command (USINDOPACOM) J7 (now J37); executive assistant to the commander, USINDOPACOM; plans officer, USARPAC; and commander, 1st Brigade Combat Team (Stryker), 25th Infantry Division. Assignments in the generating force include commanding general, U.S. Army Combined Arms Center, and commanding general, Maneuver Center of Excellence.
Lt. Col. R. Blake Lackey, U.S. Army, is executive officer to the commanding general, U.S. Army Pacific. He has served in Stryker and light infantry formations in the Indo-Pacific, most recently commanding 1st Battalion, 5th Infantry Regiment at Fort Wainwright, Alaska.
Maj. Brian G. Forester, U.S. Army, is speechwriter to the commanding general, U.S. Army Pacific. He most recently served as the operations officer for 1st Brigade Combat Team (Stryker), 25th Infantry Division at Fort Wainwright, Alaska.
Michael Pillsbury, The Hundred-Year Marathon: China’s Secret Strategy to Replace America as the Global Superpower(New York: St. Martin’s Press, 2015), 28.
Defense Intelligence Agency, China Military Power: Modernizing a Force to Fight and Win (Washington, DC: Defense Intelligence Agency, 3 January 2019), 20, accessed 5 July 2019, http://www.dia.mil/Military-Power-Publications.
The “first island chain” is a term used to describe the chain of archipelagos that run closest to the East Asian coast.
U.S. Army Training and Doctrine Command (TRADOC) Pamphlet 525-3-1, The U.S. Army in Multi-Domain Operations 2028 (Fort Eustis, VA: TRADOC, 6 December 2018), accessed 5 July 2019, https://adminpubs.tradoc.army.mil/pamphlets/TP525-3-1.pdf.
George S. Patton Jr., “Reflections and Suggestions, Or, In a Lighter Vein, Helpful Hints to Hopeful Heroes” (15 January 1946), quoted in “Past Times,” Infantry 78, no. 6 (November-December 1988): 29.
Summary of the National Defense Strategy, 1.
Featured Image: Chinese troops on parade 13 September 2018 during the Vostok 2018 military exercise on Tsugol training ground in Eastern Siberia, Russia. The exercise involved Russian, Chinese, and Mongolian service members. Chinese participation included three thousand troops, nine hundred tanks and military vehicles, and thirty aircraft. (Photo by Sergei Grits, Associated Press)
The M/T MAXIMUS and the M/T ANUKET AMBER are vessels that have tested the cooperative architecture for maritime security in West and Central Africa. The MAXIMUS is considered a great success story, and the ANUKET AMBER was at least a partial success. Though each involved a different type of maritime crime, a common element between them is that they helped highlight key areas where further effort is needed to achieve the goal of collective and comprehensive maritime security in Atlantic Africa. It is vitally important to celebrate the successes that have occurred in recent years, and there are quite a few. But even in reviewing success stories there is room for teasing out lessons in how to improve. When viewed as a pair of cases, these two distinct matters help point toward how West and Central Africa can proceed to enhance maritime security in the years to come.
The Case of the M/T MAXIMUS
Relative to other piracy cases in the Gulf of Guinea, a lot has been written about the hijacking and successful recovery of the MAXIMUS. One reason for the attention is that, perhaps more than any other incident, this one demonstrated the value of the cooperative architecture set forth in the 2013 Code of Conduct Concerning the Repression of Piracy, Armed Robbery Against Ships, and Illicit Maritime Activity in West and Central Africa (Yaoundé Code of Conduct). In February 2016, the MAXIMUS was overrun by pirates about 60 nautical miles off the coast of Côte d’Ivoire. The maritime law enforcement agencies of Côte d’Ivoire, Ghana, Togo, Benin, Nigeria and São Tomé and Príncipe all cooperated in tracking the vessel across their respective Exclusive Economic Zones (EEZs). Ultimately, the Nigerian Navy performed an opposed boarding, killed one pirate, captured the remainder and freed both the hostages and the vessel. At the time, the incident was heralded as the “coming of age” of navies in the region.
While nothing can detract from the success of the MAXIMUS case, there are some key issues that the incident revealed, several of which remain unaddressed. Perhaps the most prominent is the ongoing challenge of closing the seams between regions. The ultimate interdiction of the MAXIMUS occurred on the fault line between the Economic Community of Western African States (ECOWAS) and the Economic Community of Central African States (ECCAS), and thus on the line between the West African Maritime Security Center (CRESMAO, though not manned until 1 September of that year) and the Central African Maritime Security Center (CRESMAC), as well as between Maritime Zones E and D.
Complicating matters further, the Joint Development Zone between Nigeria and São Tomé, created by treaty in 2003, creates an overlap between those regions and zones. Theoretically, the cooperative mandate of the Yaoundé Code should resolve any tensions arising out of incidents that cross zones and regions, but the practical realities imply challenging issues of command and control. If crossing from Zone E to Zone D, should the chain be from the Nigerian maritime operations center (MOC) to the Zone E Maritime Multinational coordination center (MMCC), to CRESMAO to the Interregional Coordination Center (CIC), to CRESMAC, to the Zone D MMCC, to Cameroon or São Tomé’s MOC?
Zones within the Yaoundé architecture and the associated command and control relationships (Julie Tucker of I.R. Consilium, printed with permission) [Click to expand]This is a highly inefficient and ineffective approach, requiring steps be taken to ensure that the Yaoundé architecture is not breaking down some barriers to cooperation only to create new ones. While matters of trust between neighboring states can mitigate in favor of a more regionally or zonally oriented system of command and control, such a structure must be considered carefully in order to prevent it from becoming a burdensome mechanism that actually hinders the ability to respond in real-time to undesirable events on the ocean.
Additionally, the story of the MAXIMUS is often told as an operational success, despite, in many regards, being a legal failure. When the Nigerian Navy hailed the MAXIMUS, renamed by the pirates the M/T ELVIS 5, the pirates actually challenged the Nigerian officers, claiming they were in international waters and that the Nigerians had no legal authority to act. That baseless legal argument nevertheless slowed the Nigerians’ advance, as it caused them to take several hours to question their legal authority. Furthermore, since the case concluded, debates have continued as to why Nigerian vessels could interdict a pirated vessel in another country’s EEZ.
The legal confidence to recognize that piracy, as a matter of international law, is a crime of universal jurisdiction has been compromised by the painfully slow process of updating national legislation to even outlaw piracy. While the MAXIMUS is one of the region’s most famous piracy cases, it is not a piracy case in the court. Rather, the responsible individuals have been tried for such crimes as conspiracy, firearms violations, and mishandling of petroleum resources. While the long-awaited piracy bill in Nigeria – to outlaw the crime under national law – was finally signed by President Buhari in July 2019, it has yet to be implemented. Work has proceeded since February 2016 to build both Nigeria’s and the wider region’s legal capacity, but more work is needed.
These lessons regarding closing the seams between cooperative mechanisms and enhancing the legal wherewithal of maritime law enforcement agencies were more recently reinforced by the case of the M/T ANUKET AMBER.
The Case of the M/T ANUKET AMBER
There are actually two separate incidents involving the ANUKET AMBER tanker that occurred in the autumn of 2018 – the first has been publicized, but the second has not. On 29 October, while engaged in a ship-to-ship (STS) bunkering operation with an LNG tanker off the Republic of Congo, both the ANUKET AMBER and the ARC TZE, the vessel to which she was coupled, were pirated. In one of the only incidents of double piracy the region has seen, it took several months for the hostages to be released. In the meantime, the ANUKET AMBER itself was abandoned and recovered in Togo’s waters at the beginning of November.
The second incident, however, is the one that bears greater attention. On 17 December the Maritime Multinational Coordination Center (MMCC) for ECOWAS Zone F alerted the states of Ghana and Côte d’Ivoire that the ANUKET AMBER was engaging in systematic STS transfers in the previously disputed area of the EEZ between the two countries. On 18 December, one of the vessels with which it had rendezvoused, the MSC MARIA, actually entered the port of San Pedro in Côte d’Ivoire, where Ivorian authorities detained it. At the same time, Ghanaian and Ivorian naval operators agreed that they needed to arrest the ANUKET AMBER. While operational cooperation existed in so far as there was a good relationship between the two navies, the potential political backlash of crossing the, until recently, disputed maritime boundary rendered them hesitant.
Through activating a network of relationships with international partners and the United States government, coordinated in part by CRESMAO, both countries were able to get the political top cover needed to go and arrest the vessel. On 21 December, both navies sent vessels in pursuit of the ANUKET AMBER. Ghana’s vessel arrived first and brought her back to Tema. If the matter had ended there, this would have been a great success story in regard to the relationships of trust that have been built in the region in recent years. While Ghana later claimed that they fined the ANUKET AMBER for failure to notify them as the coastal state, they did not find the legal means to hold the vessel, and let her go on 23 December without notifying the Ivorians. That, in turn, destroyed the Ivorians’ case against the MSC MARIA, which was then let go as well.
While there are many things to celebrate about this incident – from the interaction and coordination among CRESMAO, the Zone F MMCC, and both countries involved to the immediate ability of both navies to talk with each other and reach out to international partners – this matter ultimately brought out three key issues. First was the lack of an operational memorandum of understanding (MOU) within Zone F to allow for the seamless invocation of hot pursuit, not so much as a legal matter, but as one with political implications for the two countries involved. In other words, there needed to be a standing order for them to be able to exercise the legal right of hot pursuit without fear of political backlash. Second was the lack of legal expertise to be able to at least investigate potential charges for the vessels involved. The final issue was the lack of communication between the states after the operation. While they had coordinated getting the vessels, there was no interaction when the decision was made to release the ANUKET AMBER. This suggests a need for stronger cooperative mechanisms between states during the legal finish phase of an operation.
Learning from Success
In both of these cases, the greatest success may not have been what happened on the water, but what happened in response to the shortcomings identified. On the one hand, the capacity and capability of a number of navies have improved since February 2016, suggesting the MAXIMUS case might have been resolved faster if it had happened now. Additionally, increased focus on legal understanding has improved the resilience of the navies, and new laws, like Nigeria’s long-anticipated piracy bill, serve as key tools in the fight against maritime crime. Furthermore, some of the inter-regional operational concerns that threatened the success of the MAXIMUS interdiction have been resolved. More work is likely needed to ensure smooth command and control and seamless cooperation, but there has been significant improvement in recent years.
The deficiencies recognized in the ANUKET AMBER case, however, were addressed even more swiftly and aggressively. Even during the incident, notes were being taken as to what needed to be improved. In early 2019, Côte d’Ivoire held a national debriefing on the matter and, recognizing the need for stronger laws, began work on improving its legislation regarding STS transfers.
Thereafter a multilateral debriefing involving all the parties – Ghana, Côte d’Ivoire, MMCC Zone F and CRESMAO – on 25 February 2019 identified the key takeaways from the experience. First and foremost was developing an operational MOU for MMCC Zone F to avoid encountering some of the same operational challenges as the states had in December. The speed with which this was addressed – exactly five months after that meeting – is a tremendous credit to the drive of the states involved as well as to the leadership of both the MMCC Zone F and CRESMAO. The MOU was largely drafted in March 2019 and subsequently signed on 25 July.
Lessons on the Horizon
In the spirit of continual improvement, it is worth noting that these structures of security cooperation under the Yaoundé Architecture are going to be challenged time and time again. Notwithstanding the spike in piracy in and around Nigeria, there are plenty of other transnational maritime threats that will likely help to both validate and further refine the architecture. For example, fishing vessels registered in one state that are fishing in the EEZ of a nearby state and then dragging nets on the way home across a third state, or complex networks of offshore transshipments, are the sorts of scenarios that are not yet fully capturing the attention of maritime law enforcement agencies but will likely become a key test of the cooperative mechanisms in the months and years to come. That said, the prompt response of the region to incorporate lessons learned provides cause for optimism that the Yaoundé Architecture will be able to adapt to threats as it matures. While learning from failure is often a necessity, these cases involved learning from what were otherwise important successes, and that is truly something to celebrate.
Dr. Ian Ralby is a recognized expert in maritime law and security and serves as CEO of I.R. Consilium, a family business with leading expertise in maritime and resource security. He is also a Maritime Crime Expert for UNODC’s Global Maritime Crime Program and a Senior Fellow at the Atlantic Council. He previously spent four years as Adjunct Professor of Maritime Law and Security at the United States Department of Defense’s Africa Center for Strategic Studies.
Featured Image: Arrested pirates who hijacked the MT Maximus last month. (Sunday Alamba/AP)
