Tag Archives: piracy

Is Collective Southeast Asian Security Only Achievable in Malacca?

By Matt McLaughlin

In the opening years of the century, fear of piracy permeated the Strait of Malacca. Every few days, it seemed, there was another boarding, another theft, another hijacking. Merchant sailors, already leery of the narrow sea lanes, were doubly anxious over the identity of the brigands’ next target – could they be next? And, most remarkably, this was not the Eighteenth Century, but the Twenty-First.

It was for the purpose of alleviating this unprofitable tension that the Malacca Strait Patrol (MSP) was established in 2004. Four neighboring states – Indonesia, Malaysia, Singapore and, in 2008, Thailand – pooled their resources to combat illicit activity in the critical chokepoint on which they all shared coastlines. By 2009, piracy in the area had been so effectively curtailed that the Naval War College Review could justifiably ask if the problem had been solved.1

An observer 600 miles northeast of Malacca would have seen a less harmonious scenario play out, though. In the South China Sea, a different sort of maritime threat challenges the sovereignty of various Southeast Asian states – territorial claims by China. Since as far back as the 1970s,2 various appendages of the People’s Republic of China have been using force, finesse, and everything in between to stake claims to islands (and potential islands) through a wide swath of the South China Sea, in direct opposition to four Southeast Asian claimants – Brunei, Malaysia, the Philippines and Vietnam. This behavior continues today.

How were four neighbors able to cooperate concerning one problem but not the other? Is such a cooperative solution unique or is it transferable to other situations?

Three categories of factors generally account for the difference in scenarios: the legal environment, level of effort, and level of risk. This paper will address elements within all three categories, with some that fall under more than one being discussed multiple times.

Legal Environment

It is a time-honored truth that, Jack Sparrow aside, no one likes pirates. They have no constituency, no patron. Stamping out brigandage in its waters is almost by definition a precondition for a state to be considered legitimate. Minimal tears will be spilled if a state apprehends pirates on the high seas.

As a direct result of civilization’s antipathy toward piracy, it is a recognized precept of international law that pirates are stateless. Any state patrolling for pirates is well within its rights to deal with them, via arrest or other means, in accordance with its own law. Counterpiracy operations, in the Strait of Malacca or anywhere else, are on solid legal ground at the broadest level (allowing for some restrictions, perhaps, at the tactical level).

The legal and moral backing described above ensure that international kudos or, at least, an absence of complaints can be expected by MSP participants. Surely it was widely appreciated when Lloyd’s of London ceased listing the Strait of Malacca as a “war risk area” in 2006 as a result of MSP’s actions.3 Recognition such as this is not, strictly speaking, a legal matter. However, in the realm of international law, where precedent and custom are just as important as written treaties, support from peers is critical in ensuring the legitimacy of an action.

Contrast this with the South China Sea. The Southeast Asian nations whose shores it laps are uniformly exasperated, no doubt, with Chinese fishing, island-building, and other nationalist actions in waters well outside China’s own Exclusive Economic Zone. But what to do? Unlike pirates, China has a cheering section. There will be more on this in the Risk section, but suffice it to say, China’s market is big enough (or potentially big enough) that no nation, not even its rivals in the South China Sea, wants to risk losing access to it. As a result, someone can always be found to support the Chinese position, even if holding their nose while doing so.

Legal understandings concerning pirates are more or less universal; not so with territorial disputes, though. The UN Convention on the Law of the Sea (UNCLOS) and the Permanent Court of Arbitration (PCA) are generally recognized as legitimate authorities worldwide – but for China, they only apply when they’re convenient. If Chinese interests contrast with international agreement, it will choose to only recognize its own law, whose interpretation of the status of the South China Sea is markedly different from those of its neighbors. Having a conversation among the claimants is most difficult when their points of reference are completely opposed. It is complicated even further when one notes that Brunei, Malaysia, the Philippines and Vietnam have their own claims competing against each other – China can say it is simply one more player in an existing dispute. Even fellow members of the Association of Southeast Asian Nations (ASEAN) found it too costly to support the Philippines in its successful case against Chinese territorial claims at the PCA; the Philippines solicited ASEAN for co-litigants but found none. Despite emerging from arbitration victorious, the Philippines is left to negotiate the way forward on a bilateral basis in an undeniable position of weakness.4

Because concurrence on the end state in the South China Sea is fleeting, international backing for any party to the dispute is lacking. Nations like Japan and the United States can agree that China shouldn’t do what it’s doing – but at the same time, they take no position on how the Sea’s territorial lines should actually look, which is a matter for the four Southeast Asian claimants to determine among themselves. It is hard to oppose one course of action (the Chinese one) without proposing a credible alternative, but that is the only option available to the international community.

Level of Effort

Legal issues aside, very different resources and activities are required for patrolling the Strait of Malacca as opposed to contesting the South China Sea, and those required for counterpiracy lend themselves to international cooperation.

First, counterpiracy is virtually a completely maritime affair. The ships and aircraft of the MSP can patrol international waters, and, occasionally, fly over territorial waters with proper permission, but no one has to set foot on the land of another country. The lack of “boots on ground” makes such cooperation a much simpler affair; it is out of sight and out of mind for most people ashore. It is expensive to maintain and crew equipment that floats and flies, but it is politically palatable in a way that a troop garrison may not be.

The second point is a corollary to the first – while maintaining naval and air forces may not be cheap, neither do they need to be top-of-the-line warfighters, either. The biggest capability such a counterpiracy force offers is simple presence. By being visible in the commons, they can deter piracy without firing a shot or boarding a single vessel. Such a force is achievable even for a middle-income nation like Indonesia. The country may have more-capable forces available (as Singapore certainly does), but they can be sent elsewhere while the low-end constabulary forces monitor the sea lanes.

Outside support is also minimized in conducting the MSP. Members can conduct the mission themselves, as long as their governments provide the proper equipment through international arms sales (such as for P-3 patrol aircraft). The MSP has no involvement from ASEAN, nor is there an ASEAN role in counterpiracy operations anyplace else.5 Strait security does impact all ASEAN members, if for no other reason than to keep maritime insurance premiums down, but it was urgent enough to MSP members in 2004 that they acted on their own accord without waiting for ASEAN to offer collective support through a process that would have undoubtedly taken years. The mission is focused enough that MSP members correctly judged that participation by ASEAN or extra-regional partners was unnecessary.

Lastly, with a non-controversial mission being conducted offshore, direct military-to-military coordination is suitable for the MSP. A headquarters and operations center was built in Singapore6 but, other than that, no new structure or apparatus needed to be created. Simple cooperation among preexisting military organizations was sufficient. Best of all, it is non-provocative – there is no rival state getting perturbed at the sight of its neighbors performing joint military operations. Pirates may have been surprised to see it when the MSP began, but aren’t really in a position to complain.

The South China Sea, however, presents a great many obstacles to cooperation in contrast to the items described above that facilitate the MSP. For example, while it is mostly a maritime affair, it isn’t entirely – there are actual land masses in play, many of which are large enough to be inhabited. Even rocks and shoals matter, as the long-suffering Philippine LST executing a claim to Second Thomas Shoal in the Spratly Islands can attest.7 So while the typical citizen of an ASEAN state will consider this to be offshore just as the MSP is, the fact is there is still ground to be defended, and China cannot be successfully deterred solely with naval operations. This is a dicey matter since many islands have multiple ASEAN claimants – so who has the responsibility to defend them? Drawing up plans to defend these points from outside aggression will provide frequent flashpoints for internal conflict. It can only be done jointly, or not at all.

Back at sea, naval operations need to be of a higher level than picking up unsophisticated pirates. China must be made to think that, if it comes to war, the costs will outweigh the anticipated gains. Such a credible deterrent requires wholly different equipment and doctrine than that used in the Strait of Malacca. This is expensive and time-consuming. Capabilities vary by country, and in no case do assets come in great numbers. Thus, in contrast with the MSP, outside military assistance is a vital component of Southeast Asian efforts to resist Chinese aggression. Any credible strategy must rely on forces from the United States, at minimum, and probably also Japan, Australia, and perhaps others from outside the immediate region, like India.

Level of Risk

The factors described all figure in to calculations of risk. The bottom line is that counterpiracy is considered to be low-risk; confrontation with China is a dicier proposition. Largely this is because pirates are simply out to make a living, however illicitly; China, on the other hand, appears to be spoiling for a fight.

The People’s Republic of China acts provocatively because it wishes to be provoked. Even if it chooses not to use an incident as a casus belli, it can still use perceived affronts as sanctimonious diplomatic cudgels against their neighbors and rivals. Over time, other countries may subtly shift their behavior to avoid such Chinese outbursts, even if war never actually comes. This means that even quite legitimate expressions of national sovereignty, like the Philippines patrolling its own internationally-recognized waters, might be done infrequently or not at all in order to avoid antagonizing the PRC. A 2015 statement by the U.S. Seventh Fleet commander about the potential about ASEAN counterpiracy patrols in the South China Sea – where, recently, piracy has also been picking up – earned the observation by The Diplomat that “these ASEAN states deal with the South China Sea issue quite differently, and the idea itself may seem too controversial for some for fear of angering Beijing.”8 There is no such restraint in patrolling the Strait of Malacca.

Besides threatening war with the largest military in the region, the PRC can also make economic threats against countries that annoy it. Its market is huge; no country with hopes of growing its economy can afford to ignore it. Thus, a Chinese threat to shut out a certain country or trade bloc carries a certain weight, and gives the PRC substantial leverage in its international dealings. A rival state would have to be pushed thoroughly to the edge by Chinese behavior before it would allow a bellicose response to threaten its access to the Chinese market. This sets a high bar for even one country to oppose Chinese maritime activity in the South China Sea, let alone several of them. Proactive measures against Malacca piracy, though, carries no such risk – as noted earlier, the pirates have no constituency whom rivals must flatter. Individual situations may be difficult (such as those involving hostages) but the impetus to suppress piracy in the first place is unobjectionable as it carries very low risk of blowback.

In fact, counterpiracy has the active encouragement of China and every other maritime nation. The Strait of Malacca is a globally-important chokepoint of trade – disruption there raises the cost of virtually everything, as maritime insurance rates rise and ships are rerouted on longer voyages. China well recognizes its “Malacca Dilemma”9 and pays close diplomatic attention to the area. In fall of 2015, Chinese Premier Li Keqiang visited Malaysia and specifically the port of Malacca, giving speeches and offering infrastructure loans along the way. Unlike in the South China Sea, Chinese and Southeast Asian goals are decidedly aligned in the counterpiracy mission and overall security of the Strait.10

Lastly, there is a level of military risk involved, especially as we recall that China is actively looking for grievances. As noted earlier, habitable and buildable islands (and reefs that could become islands) are at issue in the South China Sea – this is not the case in counterpiracy operations. With actual ground on which boots can be disembarked, the stakes are higher than simple maritime cat-and-mouse at sea and in the air. Claiming and holding land by force brings a sort of primacy to a claim that just isn’t achievable by coast guard patrols of open water. Thus ground troops’ use by Southeast Asian states is even more of an incitement to China than maritime operations, and, although it is the only way they can truly enforce their claims, there will be great reluctance to employ such forces. But that leaves the land open for Chinese claims. And the ratchet again clicks ahead one notch.

Additionally, the military-to-military cooperation so prevalent in the MSP would be called out as warmongering if practiced in the South China Sea. Mil-to-mil liaison and cooperation is the order of the day in Malacca; however, if practiced similarly in the South China Sea, a diplomatic row will surely ensue in which China accuses its southern neighbors of ganging up against it (there is a grain of truth to this, of course, even if it’s a defensive arrangement at heart). So, left to their own devices, Southeast Asian states will minimize even simple coordination among their units in the South China Sea in order to avoid rocking the boat and implicitly threatening their economic interests.

Caveats

Discussion of the Malacca Strait Patrol is not meant to sell it is a model example of effective cooperation – simply an example of existing and enduring cooperation. The very fact the MSP was organized and is still extant when so few such international efforts exist in the ASEAN region is, by itself, remarkable. However, questioning its mission effectiveness is perfectly valid. While it did have great success reducing piracy in its earliest years, illicit activity is again on the rise. Southeast Asia was the world’s number-one region for piracy as of 2015, accounting for 55 percent of all cases tracked by the International Maritime Bureau (IMB), with much of it occurring in the Strait of Malacca.11 A check of the IMB’s website12 at any given time will likely show a recent case in the Malacca area (as of this writing, case 071-17, an armed robbery, fits this description).

Military officers from Malaysia, Indonesia, Thailand and Singapore at the inaugural Malacca Strait Patrols Information System exercise held at Tuas Naval Base in March 2008. The system allows information about an incident to be passed on quickly to agencies in the three littoral states and Thailand. (Liane He Zaobao/Straits Times)

Contributing to piracy’s resurgence is poor resourcing and rules for cross-border pursuit. Surface ships are not permitted to enter other countries’ territorial waters. Patrol aircraft may make limited incursions of up to three nautical miles; however, they have been “criticized for the low number of flights actually taking place, and the limited resources available to respond to incidents spotted during aerial patrols.”13

It is reasonable to conclude that the great drop in piracy in the first few years of the Malacca Strait Patrol was due to the shock effect among pirates who had to contend with organized resistance for the first time. MSP was able to tackle the “low-hanging fruit” through simple deterrence, and made a big difference. Those who remained in the business were more resilient and innovative in achieving their illegal ends, allowing them to exploit holes in MSP coverage and eventually expand their activities. That, combined with MSP’s inevitable bureaucratic sclerosis and loss of urgency after more than a decade on the same mission contributed to a long-term loss of effectiveness for the counterpiracy effort.

Nevertheless, MSP’s mere existence and the very real success it has had in the past compel its use as an example for other security initiatives – no better ones exist. This has been noted by such figures as the chief of Singapore’s Navy, who in 2015 suggested adapting the MSP model to patrol the recent pirate hotspot in the south end of the South China Sea.14 This specific initiative may be a non-starter for diplomatic reasons described above, but not because the organizational model wouldn’t work.

Courses of Action

MSP states act in the Strait of Malacca because they have undisputed legal authority, only need to expend a moderate amount of funds and manpower, and assess there is low risk of unintended effects. In contrast, China seems to hold all the cards in the South China Sea. Is there anything that neighboring states, or ASEAN as whole, can do to mitigate this?

There may be a way to thread this needle. First, a coalition, optimally but not necessarily ASEAN-based, must be formed to act in the South China Sea. Second, the emerging pirate threat in the South China Sea must clearly and repeatedly be emphasized as the object of efforts in the area. Third, Southeast Asian coalition members must take a page from the Chinese playbook and simply be present there, conducting their counterpiracy mission, to be sure, but also pointedly making their existence a well-known fact. Chinese island-building and occupation must be dealt with diplomatically, as forcibly removing them is a bridge too far, but Southeast Asian presence in the waters concerned will increase Southeast Asian leverage in such discussions.

It is natural to question whether ASEAN has a role in this initiative that affects all of Southeast Asia. Ideally, perhaps it would, and there has certainly been talk of finding ways to accomplish this.15 However, the fact that ASEAN has had no role in the Malacca patrol and has made little substantive contribution to other security matters indicates that this may be an unrealistic expectation. Because of possible diplomatic repercussions from China, it is nearly impossible to even get a joint ASEAN statement concerning the South China Sea, as witnessed in June 2016 with the released-then-retracted statement about Chinese claims.16 Thus, a solution with a better chance of coming to fruition would involve just the directly-involved states, likely Brunei, Indonesia, Malaysia, the Philippines and Vietnam (perhaps with Singapore, too). It is unlikely ASEAN would give its blessing, but nor would it get in the way.

When this coalition does kick off its activities, it needs to show in word and action that counterpiracy really is its mission. This is as much a matter of strategic communication as it is maritime tactics, techniques, and procedures. Broadcasting far and wide the news of every apprehended pirate will serve to deter further piracy and also make the point to China that this is, indeed, how the patrols are spending their time. Over time, joint Southeast Asian/ASEAN patrols will become routine and part of the accepted pattern of life in the area.

China will not passively accept this, though. If it does nothing, that would equate to tacit acknowledgment that the affected areas of the South China Sea are either international waters or subject to the claims of nations other than itself, so action is more likely. The Chinese Coast Guard could attempt to keep Southeast Asian patrols out of the area by maneuvers, both diplomatic and naval. But this would beg the question, why is China enabling pirates? It is then possible that China would establish its own counterpiracy operation in order to be seen as doing a service for the region. Piracy, at least, would be mitigated. It would still leave open the thorny issue of the illegitimacy of Chinese actions in ASEAN countries’ claimed seas. Southeast Asian coalition patrols would have to continue, sharing the waters with Chinese ones, in order to show, at the very least, the international nature of the South China Sea.

And, in a roundabout way, we have arrived at the limit of what ASEAN or its member states can expect to accomplish in the South China Sea. They will never resolve their internal claims and counterclaims – but they will never forcibly disabuse China of its claims, either. However, it is just possible they may be able to create conditions in which all sides can agree to disagree. Just as in the Strait of Malacca, the solution is not perfect – as rising rates of piracy show, there are still gaps and the problem is not in any way “solved” – but it is achievable, and the hypothetical outcome is better than it would be otherwise. Let the perfect not be the enemy of the good, and the “good” in this case is a state of tolerable ambiguity.

Conclusion

The mere existence of the Malacca Straits Patrol is remarkable for a region notably protective of sovereignty and averse to interstate cooperation in the wake of colonial rule, and this will be hard to replicate in the South China Sea or elsewhere. The MSP has succeeded because it has a narrowly-defined mission fitted within that paradigm of state sovereignty. It may not have stamped out all piracy, but it’s eliminated quite a bit. Any organization designed to supporting Southeast Asian claims in the South China Sea will need to have a similarly focused mission and expectations to match. No combination of ASEAN member states will be able to in any way “solve” the problem of Chinese maritime claims on their own. But they can act to create the facts necessary to facilitate other efforts, diplomatic and otherwise. The fact that it is the Malaysian or Philippine governments, and not the Chinese government, arresting pirates or helping stranded fishermen could go a long way. But expectations must be limited; any such organization can and should do no more than this.

MSP succeeded by virtue of focusing on goals achievable within the political and resource constraints it faced. In a sense, adapting the MSP organizational model to another mission is easy. MSP’s far bigger lesson is the value of achievable objectives. Setting those objectives requires not money, nor ships, nor men, but rather the most precious resource of all: plentiful reservoirs of discipline.

Matt McLaughlin is a Navy Reserve lieutenant commander, strategic communications consultant, and Naval War College student whose opinions do not represent the Department of Defense, Department of the Navy, or his employer. This post is based on a Naval War College paper submitted in summer of 2016 and is republished with his permission.

Endnotes

1. Catherine Zara Raymond, “Piracy and Armed Robbery in the Malacca Strait: A Problem Solved?”, Naval War College Review, Summer 2009, Vol. 62, No. 3. https://www.usnwc.edu/getattachment/7835607e-388c-4e70-baf1-b00e9fb443f1/Piracy-and-Armed-Robbery-in-the-Malacca-Strait–A-.aspx.

2. Donald E. Weatherbee, Southeast Asia: The Struggle for Autonomy (London: Rowman & Littlefield, 2015).

3. “Malacca Strait Patrols,” Oceans Beyond Piracy. http://oceansbeyondpiracy.org/matrix/malacca-strait-patrols.

4. Benjamin Kang Lim, “China, Philippines to start South China Sea talks: ambassador”, Reuters, 14 May 2017, accessed 8 Jun 2017, http://www.reuters.com/article/us-china-silkroad-southchinasea-idUSKBN18A07P.

5. Laura Southgate, “Piracy in the Malacca Strait: Can ASEAN Respond?”, The Diplomat, 8 July 2015, accessed 17 May 2016, http://thediplomat.com/2015/07/piracy-in-the-malacca-strait-can-asean-respond/.

6. “Malacca Straits Patrol: Member States Commemorate 10 Years of Cooperation,” Singapore Ministry of Defense, 21 April 2016, accessed 17 May 2016, http://www.mindef.gov.sg/imindef/press_room/official_releases/nr/2016/apr/21apr16_nr.html#.V3lCerh97IV.

7. Manuel Mogato, “Exclusive: Philippines reinforces rusting ship on Spratly reef outpost – sources,” Reuters wire service, 13 July 2015, accessed 3 July 2016, http://www.reuters.com/article/us-southchinasea-philippines-shoal-exclu-idUSKCN0PN2HN20150714.

8. Prashanth Parameswaran, “ASEAN Patrols in the South China Sea?”, The Diplomat, 19 March 2015, accessed 17 May 2016, http://thediplomat.com/2015/03/asean-patrols-in-the-south-china-sea/.

9. Malcolm Davis, “China’s ‘Malacca Dilemma’ and the Future of the PLA,” China Policy Institute Blog, The University of Nottingham, 21 November 2014, accessed 25 June 2016, https://blogs.nottingham.ac.uk/chinapolicyinstitute/2014/11/21/chinas-malacca-dilemma-and-the-future-of-the-pla/.

10. Shannon Tiezzi, “China Promotes Trade, Maritime Silk Road in Malaysia”, The Diplomat, 24 November 2015, accessed 18 June 2016, http://thediplomat.com/2015/11/china-promotes-trade-maritime-silk-road-in-malaysia/.

11. Prashanth Parameswaran, “Over Half of World Piracy Attacks Now in ASEAN,” The Diplomat, 25 April 2016, accessed 17 May 2016, http://thediplomat.com/2015/04/over-half-of-world-piracy-attacks-now-in-asean/.

12. Live Piracy & Armed Robbery Report 2017, International Maritime Bureau, accessed 8 June 2016, https://www.icc-ccs.org/piracy-reporting-centre/live-piracy-report.

13. Laura Southgate, “Piracy in the Malacca Strait: Can ASEAN Respond?”, The Diplomat, 8 July 2015, accessed 17 May 2016, http://thediplomat.com/2015/07/piracy-in-the-malacca-strait-can-asean-respond/.

14. Prashanth Parameswaran, “ASEAN Joint Patrols in the South China Sea?”, The Diplomat, 12 May 2015, accessed 17 May 2016, http://thediplomat.com/2015/05/asean-joint-patrols-in-the-south-china-sea/.

15. Ibid.

16. Robert Held, “South China Sea Clashes Fracturing ASEAN,” The National Interest, 24 June 2016, accessed 25 June 2016, http://nationalinterest.org/feature/south-china-sea-clashes-are-fracturing-asean-16699.

Featured Image: Naval ships on the Strait of Malacca. (Xinhua)

European Answers for African Questions?

Maritime Security Topic Week

By Dirk Siebels

Introduction

Maritime security challenges have received increasing attention in Europe in recent years. In 2014, the Council of the European Union adopted the first EU Maritime Security Strategy which includes a comprehensive definition of maritime security from a European standpoint. The EU understands it “as a state of affairs of the global maritime domain, in which international law and national law are enforced, freedom of navigation is guaranteed and citizens, infrastructure, transport, the environment and marine resources are protected.” In short, maritime security comprises much more than the traditional questions related to seapower and naval strategies.

Furthermore, the document underlines that the EU’s capacity to engage with other organizations such as the African Union which “has a direct impact on its ability to safeguard its interests and to strengthen regional and international maritime security.” Africa matters, not only because of migrants boarding rickety boats in Libya to embark on a dangerous trip to Europe. At the same time, European and African governments often have different agendas, underlined by the many challenges to maritime security emanating from the African coastline.

Narrow Focus in the Indian Ocean

Counter-piracy operations in the Indian Ocean are a perfect example of a maritime security challenge. When attacks by Somalia-based groups became a major worry for the shipping industry, the international community quickly reacted. The EU launched its ‘Operation Atalanta’ in 2008, complemented by other task forces from various NATO countries and other countries like Japan and China, who deployed independently of the task forces.

The question of whether attacks by Somali pirates really justified the large-scale military response is open for debate. Nevertheless, European involvement in the fight against the perceived threat on one of the world’s busiest shipping routes underlined the importance of maritime trade routes for the continent. Almost without warning, European maritime security was suddenly threatened by men armed with AK-47s and RPGs in small skiffs rather than more traditional scenarios that military planners had always imagined.

Capturing suspected pirates off the coast of Somalia. Image courtesy of the European Union Naval Force. Somalia, 2012.

From a European perspective, the naval response to this non-traditional threat has been largely successful. Even though military officers and shipping industry representatives agree that the threat remains dormant and could resurface in the future, the number of attacks by Somali pirates dropped significantly within a short time. That success was made possible by unprecedented cooperation between naval forces and the shipping industry, as well as self-protection measures of merchant vessels, including the use of privately contracted armed security personnel. At the same time, the EU and other international organizations were heavily involved in capacity-building on land in Somalia.

Successful counter-piracy operations notwithstanding, maritime security in the Indian Ocean region has not been strengthened by a narrow focus during these operations. Whether through the EU or on a bilateral basis, European governments would have the capacities to provide assistance for sustainable projects in African countries. New European-built infrastructure, however, has not been linked to existing organizational structures, namely to the regional economic communities (RECs). Cooperation with security agencies in East Africa has also been limited. As a retired admiral from a NATO nation put it, “We have talked a lot about the region since our navies started operating in the Indian Ocean, but we have not talked a lot with people from the region.”

Failed integration of the RECs is arguably the most notable problem for the long-term sustainability of regional maritime security capacities. These organizations are the cornerstone for peace and security on the African continent. While ambitious plans for the African Peace and Security Architecture have not materialized yet, strengthening capacities within existing organisations would certainly be more sustainable than creating parallel structures in the context of counter-piracy operations.

EU NAVFOR piracy incidents (EU NAVFOR—Atalanta photos)

Somali piracy has never been high on the agenda of governments in East Africa. Attention for maritime topics in general remains limited but problems such as smuggling of drugs and weapons, the illegal wildlife trade or illegal, unreported, and unregulated (IUU) fishing are a much higher priority. In some countries, notably in Mozambique and Tanzania, security for the fledgling offshore gas industry is another important issue. European partners would be well-advised to take these priorities into consideration.

Broad challenges in West Africa

West Africa is another region where piracy has been the most headline-grabbing maritime security problem in recent years.i From a European point of view, these attacks are less of a threat since they do not take place close to a major international shipping route. Nevertheless, the EU became involved, underlined by the ‘Strategy on the Gulf of Guinea’ and the Gulf of Guinea Action Plan 2015-2020.’ Both documents highlight the EU’s strategic objectives in West Africa: a common understanding of threats, support for multi-agency institutions in the region, strengthened cooperation structures, and above all, the development of prosperous economies.

Practical measures, however, have been extremely limited. In October 2016, the Gulf of Guinea Inter-regional Network (GoGIN) was launched, a four-year, €9.3m project supported by the EU and the government of Denmark. The aim of the project is the allocation of funds to regional or national endeavors to promote maritime security and combat piracy. Like CRIMGO, its predecessor project, GoGIN will be implemented by Expertise France, the French development agency. The agency undoubtedly possesses a lot of regional knowledge in West Africa but it is also a vital tool for the French government to secure political influence, particularly in francophone countries.

Capacity building in West Africa does not have to include large-scale financial commitments by partners from Europe or elsewhere. Similar to East Africa, however, it requires a focus on regional priorities to be sustainable. In the past, European involvement in the provision of maritime security in West Africa has largely been limited to the fight against piracy and armed robbery and, on a more limited scale, against drug smuggling on maritime routes.

Similar to East Africa, however, the priorities of regional governments are notably different from those of the EU. For many countries in West Africa, illegal, unreported, and unregulated (IUU) fishing is the most important threat in the maritime environment, even though it is not a traditional security concern. Limited maritime situational awareness and almost non-existent law enforcement at sea are aspects that will not be changed overnight but even small-scale NGO projects have shown that improvements are possible even in the short term. European governments certainly have the necessary capacities to provide assistance, but political will is an entirely different question.

Even in areas that are more closely related to traditional maritime security threats, European involvement in West Africa is generally not based on long-term planning. Training courses and other projects are rarely coordinated among partners, availability of relevant personnel is not taken into consideration, and overall goals are unlikely to be based on the priorities of partners in West Africa. Such criticism is mentioned time and again in conversations with naval officers and law enforcement officials from West Africa but does not seem to reach Europe.

Conclusion

European maritime security may not be directly threatened by challenges off the African coastline, but they certainly have an influence on Europe. Addressing these challenges as early as possible would be important to prevent a possible escalation, yet that is true for security challenges in general. Due to the international nature of the maritime environment, however, a lack of security at sea is likely to have an impact on several countries, creating the need for multinational solutions.

The European Union is in a unique position to strengthen maritime security, both at home and abroad. In theory, the combination of civilian and military measures is the perfect fit for a broad range of largely non-traditional maritime security challenges, ranging from piracy and armed robbery at sea to IUU fishing. In practice, however, the EU’s potential is often wasted by concentrating on areas that are important for European governments while failing to address the agendas of partnering governments.

In the Indian Ocean, counter-piracy operations have been very successful but based on a very narrow mandate. Other challenges to maritime security in the region have hardly been addressed so far. This might change in the future; amending the Djibouti Code of Conduct in January 2017 certainly was a step in the right direction. The document was adopted by governments around the western Indian Ocean in 2009 but originally was only concerned with the suppression of piracy. It took signatories around eight years to broaden the document with the Jeddah Amendment, signalling their intention to strengthen the ‘blue economy.’

In West Africa, a similar document was already adopted in 2013 and the European Union has signaled its intention to support implementation. So far, however, that support has been sketchy at best, and one of the EU’s main goals, the development of prosperous economies around the Gulf of Guinea, remains elusive. Addressing maritime security challenges alone will not immediately lead to economic growth, but it would certainly be an important step. The focus on maritime security in the wider context of the ‘blue economy,’ however, is not a traditional task for navies in Europe and will require better coordination between a wide range of partners such as governments, NGOs, and law enforcement agencies outside the military.

Dirk Siebels works as an analyst for Risk Intelligence. His research areas include maritime security issues in sub-Saharan Africa and he presents regularly at academic and military research institutions on related topics. Before starting to work in his current role, Dirk served as an officer in the German Navy and worked as a journalist and PR consultant for several years. He holds an MA in International Studies from Durham University and is currently working on a PhD in maritime security at the University of Greenwich. The views presented here are those of the author.

Endnotes

i West Africa in this context includes all coastal and island nations between Senegal in the north and Angola in the south. These countries are members of ECOWAS or ECCAS, the two regional economic communities for West and Central Africa, and have adopted the Yaoundé Code of Conduct to strengthen maritime security in the region.

Featured Image:Italian Frigate Scirocco Rescues Somali Fishermen (EU-NAVFOR)

Is Somali Piracy Back?

By Joshua Tallis

Late Monday, crew on the Emirati-owned oil tanker Aris13 activated a distress call indicating they were being pursued by pirates off the coast of Somalia. The subsequent hijacking, once confirmed, would mark the first successful Somali act of piracy since 2012. This of course begs the question: Is Somali piracy back?

The answer is probably yes; also probably no (forecasting is a bad business to be in these days). Credible arguments could be made in either camp. Here I’ve chosen to explore some of the key points on either side.

Is Piracy in Somalia is Making a Comeback?

When Somali piracy spiked in the late 2000s, the international community was fairly quick to respond. Somalia sits alongside some of the most important shipping lanes in global trade, and precipitously close to three maritime chokepoints: the Suez Canal, Bab el-Mandeb, and the Strait of Hormuz. Rising insurance premiums for shipped goods and the market-wide consequences of scares to the free flow of oil made addressing piracy off the horn of Africa an issue of importance for many navies. One of the largest such engagements was operation Ocean Shield, NATO’s contribution to counter-piracy. Ocean Shield and related efforts, like EU’s operation Atalanta, were heavily credited with the dramatic reduction in Somali piracy that followed. As Rear Admiral Terry McKnight (USN, Ret) notes, though after years of no successful attacks, Ocean Shield was suspended at the end of 2016. If the deterrent effect of NATO and other warships in the region was indeed primarily responsible for suppressing Somali piracy, the minimization of that deterrent could be credibly seen as providing an opening for resurgent piracy.

At the height of regional piracy, a CNA study warned that “the resilience of the pirate enterprise should not be understated.” Four years later, that cautionary note remains relevant. First, it should be noted that piracy rarely just disappears. Like any crime, eradication is an unlikely end state. That is the case off Somalia as well. Even though attacks were unsuccessful after 2012, a small number of attempted attacks were reported in the Gulf of Aden in 2013 (6) and 2014 (4). Attempts by Somali pirates in the Red Sea were also reported in 2013 (2) and 2014 (4), while attacks closer to Somali waters occurred in 2013 (7), 2014 (3) and 2016 (2). These numbers are orders of magnitude smaller than in previous years, and gaps in attacks in 2015 tell a remarkable story. For all those reasons we could look at those numbers and conclude this most recent alleged attack is an outlier (and in truth it likely is, I suspect). Nevertheless, as per the International Maritime Bureau (the organization that actually collects all this information), the attempted assaults in 2016 indicate that the “capacity and intent to attack merchant shipping still exists off Somalia.” Lingering institutional knowledge means that a resurgence is not impossible. Closely linked to this point is the idea that (like other types of crime) piracy may have a contagion effect. A successful hijacking now could produce copycat attempts, the success or failures of which would have significant consequences for the overall trajectory of regional piracy.

Of course, it is now almost a cliché to note that piracy is ultimately solved on land, not at sea. Suffice it to say that, despite apparent gains in power consolidation, Somalia remains quite clearly a country in search of greater stability (it was the top ranked state in the most recent Fragile States Index report). Like the pirate havens of lore, ungoverned spaces will always run the risk of attracting maritime criminality.

Is Piracy in Somalia is Gone for Good?

The numbers reflected above speak in large part for themselves. Piracy in Somalia, for several years now, has been as close to nonexistent as is practicable. One incident does not make a convincing trend.

Moreover, while a decline in anti-piracy-tasked warships is important to note, other deterrents continue to play an important role. In addition to a remaining naval presence, shippers also developed myriad means of combatting piracy. Embarked armed security is a very credible threat, while passive security measures (watch Captain Phillips), and best management practices (like better reporting standards) all likely contributed to declines in piracy rates and remain just as relevant today as in 2012.

Some systemic arguments are harder to make with certainty but are also worth noting. Unlike piracy in the Gulf of Guinea or parts of Southeast Asia (Indonesia, notably), Somali piracy was remarkably organized (i.e. not opportunistic). A wide-scale resurgence in Somali piracy, in the vein with which we are familiar with it, would mean a major retooling of operations for the regional transnational criminal organizations (TCOs) that provide a backbone for piracy’s infrastructure (bank accounts, negotiators, financiers). Like most TCOs, it is likely that Somali gangs have diversified to survive, perhaps branching into weapons smuggling or, as a report from 2012 suggests, kidnapping foreigners on land. Making the switch back to piracy is far from impossible, but could run into bureaucratic resistance (even criminals have bosses).

The German Frigate ‘Hamburg’ (R) patrols after destroying two fishing boats (L) which were discovered floating keel side up in open waters off the coast of Somalia, in this undated handout photo made available to Reuters August 15, 2011. (REUTERS/Bundeswehr/Christian Laudan/Handout)

Globally, piracy has also just hit its lowest rates in 18 years. And when you get deeper into the details, the numbers don’t not look ripe for a Somali resurgence. Overall piracy attempts are down, including hijackings, which are the typical type of attack employed near the horn of Africa. What is up are kidnappings, seen increasingly in Nigerian piracy (which is still very active). Indonesia, meanwhile, saw a large decline in piracy, but still owns a substantial portion of total attacks, almost all of which are simple and opportunistic. If global numbers can say anything about a specific region (which is admittedly a big ‘if’), one potential takeaway is that opportunistic piracy and hit and run kidnappings are (for now) more viable tactics than those that Somali pirates usually employed.

Conclusion

There is more to this conversation to be sure. Historically, claims that Somali piracy was a response to toxic dumping and illegal, unreported, and unregulated (IUU) fishing (the Somali coast guard narrative) struck some experts as an inadequate explanation for the phenomenon. Fishing has not traditionally been a major part of Somali culture or economies, nor were most pirates former fishermen. (That does not excuse the devastation of toxic dumping and IUU fishing, only its ability to causally explain piracy.) In response to this latest incident, however, that claim has resurfaced as a direct cause of the Aris 13 hijacking. Should it prove that fishermen were indeed responding to predations in Somali waters, that could spark a much wider debate once again. Only time will tell whether Somali piracy will ebb or surge. For now, our thoughts are with the crewmembers and their families.

Joshua Tallis is a Research Analyst at CNA Corporation, a nonprofit research and analysis organization located in Arlington, VA. He completed his PhD in International Relations at the University of St Andrews’ Centre for the Study of Terrorism and Political Violence. The views and opinions in this article are his own and do not necessarily represent the position of his employer.

Featured Image: Mohamed Dahir/Getty Images

Blurring Definitions of Naval Power

By Marjorie Greene

My colleague, Joshua Tallis, wrote a recent article on CIMSEC on the current controversy regarding the nature of a navy. The controversy revolves around a recent conversation between CIMSEC members regarding the understanding of a navy’s central organizing principle. It was brought about by concerns raised about the rise of a global non-state fleet of vessels called the Sea Shepherd Conservation Society (SSCS) conducting missions “other than war” such as fisheries enforcement and interdiction of whaling vessels. Of significant concern is the increasing problem of piracy, which is currently introducing a wider maritime security challenge that must be addressed. 

How should states deal with piracy, which is engaged in by non-state actors and prohibited under international law? There is concern that as organizations such as Sea Shepherd continue to expand, the likelihood that they will engage with traditional nation-state navies will increase. Does this suggest there should be a change in Navy lexicon on piracy? Or does it suggest, as Joshua Tallis argues, that we need an updated definition of piracy, which is currently not legitimate because in our system, only the state has the right to exercise violence?

Fundamental to the challenge is the way a military is differentiated from non-state groups either by the scale of the force it can exert or because it is made up of ships that are designed for war. N.A.M. Rodger is cited as an example of a naval historian who defines a navy as a permanent fighting service. In other words, a navy fights.

Blurred Distinction

In her book, How Everything Became War and The Military Became Everything, Rosa Brooks argues that the collapsing barriers between war and peace threaten both America and the world. In her first chapter, Pirates!, she relates the incident on April 8, 2009, in which four young Somali pirates boarded the merchant vessel Maersk Alabama, making it the first U.S – flagged ship to be seized by pirates in nearly two hundred years. Four days later, Navy SEAL snipers shot and killed three of the pirates, rescuing the Maersk Alabama captain and capturing the fourth pirate.

090409-N-0000X-926 INDIAN OCEAN (April 9, 2009) In a still frame from video released by the U.S. Navy taken by the Scan Eagle unmanned aerial vehicle, a 28-foot lifeboat from the U.S.-flagged container ship Maersk Alabama is seen Thursday, April 9, 2009 in the Indian Ocean. (U.S. Navy Photo)
INDIAN OCEAN (April 9, 2009) In a still frame from video released by the U.S. Navy taken by the Scan Eagle unmanned aerial vehicle, a 28-foot lifeboat from the U.S.-flagged container ship Maersk Alabama is seen Thursday, April 9, 2009 in the Indian Ocean. (U.S. Navy Photo)

Ms. Brooks argues that the Navy assault on the Maersk Alabama was in many ways a typical twenty-first century military engagement. “The nature of piracy has changed”, she asserts. Although modern piracy is largely engaged by non-state actors, states are becoming more challenged in counterpiracy operations, which are probably here to stay. “What is the military for in a world in which future threats are as likely to come from non-state actors as they are from the navies of foreign states?” she asks. The boundaries around war, military power, and legitimacy are getting even more blurry and she makes a case that America may pay a price.

A Larger Issue

Several members of the academic community have begun to raise much broader issues about the nature of contemporary warfare and the changes in the roles of the military vis-à-vis the different civilian actors with whom it works. For example, in her book, Borderless Wars: Civil-Military Disorder and Legal Uncertainty, Antonia Chayes speaks of how civil-military relations have become blurred in the attempt to adapt to festering gray area conflict situations. Rosa Brooks book looks not only at the impact of war’s blurriness on the Navy’s patrol of the seas for pirates. Rather, it points out that there are many other problems today’s military personnel are being asked to perform, such as training Afghan judges, building Ebola isolation wards, and eavesdropping on electronic communications. The need for deeper civil-military integration, especially for Humanitarian Assistance/Disaster Relief, is another emerging mission that has also been discussed on CIMSEC and elsewhere.

In general, Rosa Brooks argues that we are tackling problems that are too narrow and that states should find new ways to redefine the military, which, in her view, has become a one-stop-shopping solution to global problems. In this sense, we do need updated definitions of not only piracy, but of the increasing interaction of the roles of military and civilian organizations in maintaining maritime security in the world. This interaction has been largely caused by the ambiguity in current international conflicts between states that occupy the space between war and peace – sometimes called the “Gray Zone.”

The Gray Zone

 In the last few years, there has been increasing interest in what has been called a “Gray Zone” between traditional notions of war and peace. Again, this concept is introduced by Rosa Brooks, where she cites the May 19, 2015 article by David Barno and Nora Bensahel in War on the Rocks that describes Gray Zone challenges, including cyber and globalization, that is characterized by intense political, economic, international, and military competition more fervent in nature than normal steady-state diplomacy, yet short of conventional war.

CNA’s Special Operations Program has been monitoring Gray Zone developments in which the traditional mode of competing is political warfare. The Gray Zone requires intensive interagency cooperation and may need a new national security structure that make current military campaign models obsolete. Do we need two militaries – one for military  combat operations and one for Gray Zone conflicts? Do we need to determine what Gray Zone success looks like and establish meaningful criteria for measuring the effectiveness of such operations? These are areas of analysis that will lead to new laws, politics, and institutions premised on the assumptions  – according to Rosa Brooks – that the U.S. will forever remain unable to draw sharp boundaries between war and peace and will frequently find itself in the space between, a space that Sea Shepherd occupies.

Conclusion

The current CIMSEC discussion on the nature of piracy and non-state navies is part of a larger dialogue on a range of DoD responses to piracy that are already underway. In her recent book, Rosa Brooks introduces many underlying questions that go beyond the definition of a Navy. One question is how deeper civil-military integration will occur as more “soft power” missions are undertaken in the future. Should the military continue to expand its activities into traditional civilian spheres, or should it re-define the laws of war to accommodate the Gray Zone between war and peace and change the way it defines the military’s role in this zone? I recommend the book as a thoughtful look at the increasingly blurred boundaries between “war” and “not-war” and the call for creative new ways to reinvent our military, to protect human dignity, and to prevent abuses of power.

Marjorie Greene is a Research Analyst with the Center for Naval Analyses. She has more than 25 years’ management experience in both government and commercial organizations and has recently specialized in finding S&T solutions for the U. S. Marine Corps. She earned a B.S. in mathematics from Creighton University, an M.A. in mathematics from the University of Nebraska, and completed her Ph.D. course work in Operations Research from The Johns Hopkins University. The views expressed here are her own.

Featured Image: Sea Shepherd vessels the Atlas Cove (left) and the Bob Barker patrolling the Southern Ocean. (Photo: Simon Ager/Sea Shepherd Global)