Category Archives: Book Review

Reviews of recent and upcoming foreign policy and maritime books of merit.

Book Review: Piracy and Armed Robbery at Sea

Robin Geiss and Anna Petrig. Piracy and Armed Robbery at Sea: The Legal Framework for Counter-Piracy Operations in Somalia and the Gulf of Aden. Oxford University Press, 2011. 340 pp. $110 


9780199609529

By Alex Calvo

The Law of Counter-Piracy Operations: From Hollywood films to some Chinese popular perceptions of their Eastern neighbors, piracy and pirates retain a powerful hold in contemporary culture. However, it is their most recent incarnation in areas like the Gulf of Guinea, the Malacca Straits, and the Horn of Africa, that is carefully followed by anybody involved in maritime affairs, from ship owners and operators to naval officers and international lawyers. Among other aspects of piracy, the legal regime of pirates and operations against them is of the foremost importance, and therefore any volume devoted to them proves a welcome addition to the literature on the sea and what Julius Caesar labeled as “hostis humani generis,” or the enemies of humankind. This is exactly what Piracy and Armed Robbery at Sea purports to be, and actually is: a single-volume treaty on the law applicable to counter-piracy operations, with a regional focus on Somalia and the Gulf of Aden. The book achieves the goals of providing a comprehensive approach to the subject, with plenty of primary sources, case law where applicable, and legal commentary on controversial or unclear aspects. While readers may note the absence of topics such as the rights of victims, the ransom industry, and non-Western legislation, this does not detract from the overall quality of the work, which furthermore contains a number of sources in its appendixes which can be very useful to the practitioner.

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As clear from the title, the subtitle, and introduction, this book seeks to provide the reader with a detailed explanation of the different legal regulations and principles under which piracy is fought in one of the corners of the world where it is most pervasive, and which, crisscrossed by myriad SLOCs (sea lanes of communication), no major power can ignore it. In connection to this, the first aspect of the text we should note is that this is indeed a law book, and perhaps more accurately a “black letter law” book, in the sense that it focuses on positive law, with just the minimum amount of social, economic, and other considerations provided in Chapter one and later interspersed in the text. When the authors delve outside the strict borders of the law, it is to better explain the rationale behind legal rules, a good example being their discussion of judicial and prison capacity in- countries like Kenya (p. 174-179) and the Seychelles, which supports and complements their explanation of the agreements signed between them and the European Union for the local trial and imprisonment of pirates. Having said that, they also discuss possible future developments of the law, such as specialized international tribunals to deal with piracy (p. 179-184).

A second important characteristic we may stress is the logical fashion in which the text is divided into parts, and then subdivided into chapters, which very much aids for the reader who wishes to go through the text from beginning to end, and those who prefer to go straight to one of the issues discussed in the volume. A third strong point is that, while focused on positive law, the authors stop to discuss areas where applicable rules may not be clear or even be controversial, providing a summary of arguments and their own views. An example is the practice of embarking law-enforcement personnel from one country on a naval (or state) ship of another, with the associated legal complexities.

This photo taken Sunday, Jan. 4, 2009 provided by French Defense Minister shows suspected pirates arrested by Marine commandos of the French Navy in the Gulf of Aden, off Somalia coasts. French government officials say the Jean de Vienne intercepted and captured 19 pirates Sunday as they tried to take over two cargo ships, one Croatian and the other Panamian. French Navy vessel Jean de Vienne is seen on background. (AP Photo/French Navy/French Defense Minister/HO)
This photo taken Sunday, Jan. 4, 2009 provided by French Defense Minister shows suspected pirates arrested by Marine commandos of the French Navy in the Gulf of Aden, off Somalia coasts. French government officials say the Jean de Vienne intercepted and captured 19 pirates Sunday as they tried to take over two cargo ships, one Croatian and the other Panamian. French Navy vessel Jean de Vienne is seen on background. (AP Photo/French Navy/French Defense Minister/HO)

The Book’s Strong Points: The text provides a comprehensive look at applicable legislation and extensive discussion of unclear aspects. As noted, the authors make an extensive effort to cover the different legal aspects of the fight against piracy, adding their commentary and summaries of other views where positive law is unclear or developing. Examples include three possible interpretations of Article 105 UNCLOS, providing universal or limited criminal jurisdiction, a conflict-of-law rule, or a reaffirmation “that prosecution is based on domestic criminal law and procedure” (p. 149-151), and a discussion of the differences between transfers and extradition, noting how generally speaking “in the piracy context, the change in custody is not brought about by the formal means of extradition” and “transfers in the piracy context do not fulfill the characteristics of deportations or exclusions.” (p. 192-194)

The Expanding Range of Somali Piracy
The Expanding Range of Somali Piracy

Three gaps: Non-Western Views, Piracy Victims, and the Ransom Industry and Middlemen

There are three aspects that, if incorporated in future editions of the book, may make this work even more complete. First of all, we should note a lack of Chinese, Indian, Japanese, Russian, and South Korean views, even though all these countries contribute to the struggle against piracy in the Horn of Africa. It would be interesting to find some legal commentary, domestic legislation, or actual cases, from these jurisdictions. Second, we cannot fail but note a complete and utter disregard for piracy victims, who are basically absent from the text. While the death penalty, torture, and the principle of “non-refoulement” are dealt with extensively (p. 210-220), there is no discussion of reparations for victims, and of their procedural standing other than when serving as a connection point for states to exercise jurisdiction.

The authors’ concern with the human rights of alleged and convicted pirates is commendable, and so is their extensive treatment of those rights in their book, but caring about the rights of the accused should not be seen as incompatible with at least providing some cursory explanation of those of the victims. Finally, another notable absence is that of the “middlemen” and more widely the “industry” managing ransoms, and their possible criminal liabilities. No look at the legal framework of the fight against piracy is complete without an examination of the rules and practice designed to strangle their finance, but despite the subject occasionally emerging in the pages of the book, there is no section specifically dealing with it. Is it perhaps too sensitive?

Conclusions: It is a useful and quite comprehensive study, though suffering from some gaps. We can thus conclude that this is a book that anybody interested in piracy and counter-piracy operations, the law of the sea, and more generally maritime and naval affairs, will find useful, both as a detailed introduction to the legal rules applicable to counter-piracy operations, and as a reference work. It is to be hoped, however, that future editions incorporate non-Western views, victims’ rights, and the law applicable to pirate financing.

Alex Calvo is a guest professor at Nagoya University (Japan) focusing on security and defence policy, international law, and military history in the Indian-Pacific Ocean. Region. A member of the Center for International Maritime Security (CIMSEC) and Taiwan’s South China Sea Think-Tank, he is currently writing a book about Asia’s role and contribution to the Allied victory in the Great War. He tweets @Alex__Calvo and his work can be found here.

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Book Review: Andrew Gordon’s The Rules of the Game

Gordon, Andrew. The Rules of the Game: Jutland and British Naval Command. Annapolis: Naval Institute Press, 2013, reprint ed. 708pp. $34.95

9780141980324

By Captain Dale Rielage

There is always interest, and usually value, in reading what the boss is reading. Since General Al Gray established the Marine Corps reading list in the late 1980s, reading lists have proliferated across the military services. The Marine Corps Library website lists more than twenty. While the original Marine Corps reading list bore General Gray’s own unique stamp, today most military reading lists feel like the product of a committee – because most are – developed with an eye towards representing every facet and constituency in their institution. What has personally informed and moved a thoughtful warrior, however, is more interesting than the consensus of any committee…which is why, for example, Admiral Stavridis’s reading recommendations are always worth taking aboard. Earlier this month, one of my colleagues made reference to the classic work The Rules of the Game. His comment sent me back to my bookshelf. There, in the recent Naval Institute reprint edition, I noticed an epigraph that escaped my attention years ago:

This edition has been brought to publication with the generous assistance of VADM John M. Richardson, USN, Commander, Submarine Force, and VADM Peter H. Daly, USN (ret.) CEO, US Naval Institute, in the interest of helping put this book in the hands of current and future naval professionals.

It is one thing for a book to make an official reading list, but when the (then) future Chief of Naval Operations is willing to help a book to remain in print, it bears a second look. What any particular senior officer saw in this volume I can only speculate, but a couple lost weekends later, it is clear that Rules of the Game speaks to the most profound challenges facing the U.S. Navy.

On the surface, a 600-plus page (708 pages with notes and appendixes) book about the Battle of Jutland seems an unlikely means to examine the established order of U.S. Navy command and control. The fight between the British Royal Navy and the German High Sea Fleet in the North Sea on 31 May and 1 June 1916 was the largest naval battle of World War I. This epic clash of dreadnought battleships is widely regarded as a draw, with neither side achieving clear victory. Gordon, however, turns the Royal Navy at Jutland into a long case study of the role of doctrine, training, centralization, initiative, and institutions in naval warfare. He begins his analysis as the fleet engagement at Jutland is starting, with the Battle Fleet and the Battle Cruiser Fleet, the two key combat formations that comprised the Royal Navy’s Grand Fleet, getting underway from their respective homeports 200 miles from each other. So good was British naval intelligence in this era that the Grand Fleet weighed anchor in response to a planned German sortie more than four hours before the German High Sea Fleet reached the open sea.

As the narrative arrives at the moment enemy forces are in contact and key tactical decisions are being made, Gordon shifts his view back a century. In a 200 page excursion, he introduces the competing naval schools of thought and the resulting institutional habits and personal relationships that led to the British fleet acting as it did at Jutland.

Britain left the Napoleonic Wars with a navy second to none and a tradition of victory built on the aligned independence of Nelson’s band of brothers. Nelson’s famous flag hoist opening Trafalgar was the last he made during that battle – not because of his death, but because he needed no other. Shortly after the war, however, new visual signaling systems promised increasing control over the movements of forces in combat. In peacetime drills, these systems yielded reliable execution of complex maneuvers. However, the reality of how this signals system would work in combat was lost over decades. In the breach, smoke from engineering and gunnery, signal masts and halyards destroyed by gunfire, signalmen lost to shot and shell, and the sheer volume of communications in a fleet engagement would conspire to negate centralized command and control. The promise of centralized control and effective coordinated combat action, however, produced a deep influence on the Royal Navy.

In what Gordon memorably dubbed “the long lee of Trafalgar,” the Royal Navy continued to dominate the seas. Its officers retained the expectation of victory bequeathed them by their predecessors. That there had been no major fleet action in living memory was discussed, but rarely with concern. The French or Russian navies occasionally caused alarm, but no “peer competitor” called into question the fundamentals of the system – the rules of the game.

There was good reason for this comfort. By almost every metric, the Royal Navy in the second half of the nineteenth century was extraordinarily successful. Its officers were masters of seamanship and navigation and created the standard for contemporary and modern navies. Operating forward in defense of a worldwide empire, many Royal Navy officers had seen combat and had demonstrated personal courage and resourcefulness. Beatty, commander of the Battle Cruiser Fleet at Jutland, had earned distinction – and favorably impressed a young Winston Churchill – in littoral action using river gunboats to support ground forces in Egypt. Work to understand and incorporate new technologies proceeded apace, with a limited cadre of specialists articulating the new technology to the fleet at large. There were efforts to change operational culture, most prominently spearheaded by the driven and charismatic Admiral Sir George Tyron. Tyron advocated a looser form of control, emphasizing formations following the Commander’s intent as understood or expressed in the movements of his flagship. His untimely death in a collision at sea – ironically and unfairly blamed on his style of signaling – arrested reform efforts for decades.

Having allowed the German Fleet to avoid decisive battle and escape home, the Royal Navy left the field at Jutland with a sense of failure that grew as the war concluded. Denied the decisive fleet action they expected, senior British commanders engaged in decades of controversy over what signals were sent, received, intended, and expected. This controversy colors any discussion of the battle to this day. Gordon, however, seeks to move this discussion to a more profound level. While individual commanders executed the action at Jutland, their failure to exercise initiative at key moments was not truly an individual act. Indeed, Gordon asserts that the sudden exercise of tactical initiative would have been an unnatural rejection of the culture that had nurtured them through their entire professional lives.

In his final chapter, Gordon draws twenty-eight specific observations from the Jutland experience. They are directed toward the Royal Navy of the early 1990s, but will resonate with serving officers today. Gordon rails against command and control being driven by the tools of information processing. Absent deliberate restraint, every increase in the capacity to transmit information produces an increase in the amount of information transmitted – with the capacity of the senior to send information, rather than the capacity of the junior to assimilate information, driving the flow. The focus too easily becomes getting the mechanisms of communications right, believing that with that information dominance achieved, success in command and control ensues. Ready access to information and the ability to transmit orders raises the level of decision making further from the point of action. When these links fail – today from jamming, cyber attack, or destruction of communications satellites – it is folly to expect naval commanders in combat will suddenly be able to shed the culture in which they have been trained.

Gordon also highlights the difficulty of integrating new concepts and technologies into a peacetime navy. In the Royal Navy of 1900, enthusiasts for new technologies drove the stated purpose and design of new weapons – much like our navy today. Their specialized focus ignored or obscured real operational challenges to their systems. Once a new system or platform arrived in the Fleet, however, its integration and employment became the business of fleet officers who were and are often working from different approaches than the cadre of experts who designed it. As practical naval officers, they rarely set a capability aside as too flawed for use, but rather would often “make the best of it,” sometimes using the ship for an entirely different purpose than intended. At Jutland, the Royal Navy Battle Cruiser Fleet consisted of ships designed to mount heavy guns but limited armor. Their superior speed was intended to allow them to manage their range to more heavily protected enemies. In actual combat, managing this thin envelope of safety proved too difficult. 3,300 British sailors died in these ships – ten percent of all the British sailors who participated in the battle – in what Gordon aptly calls “a costly rediscovery of the designer’s terms of reference.”

That insight brings us to Gordon’s overarching theme – how the Royal Navy dealt with a long peace, technological change, and an emerging German challenge to its comfortable dominance of the maritime domain. It is a short leap to ask to what extent the U.S. Navy remains, to paraphrase, in the long lee of Midway. It is a question the service must be comfortable asking, whether or not the answers are comfortable.

Aside from its impact and insight, The Rules of the Game is delightfully written. Gordon has a knack for memorable turns of phrase and admirable clarity (if not economy) of expression that makes the long journey through his thinking as enjoyable as it is intriguing. Every naval professional’s bookshelf should have a well-thumbed copy of this volume.

Captain Rielage serves as Director for Intelligence and Information Operations for U.S. Pacific Fleet, the headquarters where the Midway operation was commanded and controlled. He has served as 3rd Fleet N2, 7th Fleet Deputy N2, Senior Intelligence Officer for China at the Office of Naval Intelligence and Director of the Navy Asia Pacific Advisory Group. His opinions do not represent those of the U.S. Government, Department of Defense, or Department of the Navy.

Twenty-Eight Observations from The Rules of the Game
by Andrew Gordon

Lessons from the Battle of Jutland
31 May to 1 June 1916

1) In times of peace, empirical experience fades and rationalist theory takes its place.
2) The advent of new technology assists the discrediting of empirical doctrine.
3) The purveyors of new technology will be the most evangelizing rationalists.
4) Rationalism, unlike empiricism, tends to assume an accretion of vested interests.
5) The training establishment may try to ignore short bouts of empirical experience to preserve its ‘rationalist’ authority.
6) Military cultures impart doctrine by corporate ambience as much as by explicit teaching.
7) In long periods of peace, ‘ambient’ doctrine may be no more than the habits of years in which war has been forgotten.
8) If doctrine is not explicitly taught, vested interests will probably ensure that wrong doctrine is ambiently learned.
9) In peacetime, doctrine is vulnerable to commandeering by ‘systems lobbyists.’
10) Innovations adopted in accordance with peacetime doctrine may lock the Fleet into both systems and doctrine which will fail the empirical test of war.
11) Purveyors of technical systems will seek to define performance criteria and trials conditions.
12) A service which neglects to foster a conceptual grasp of specialized subjects will have too few warriors able to interrogate the specialists.
13) The volume of traffic expands to meet capacity.
14) Signals ‘capacity’ tends to be defined by how much the senior end can transmit rather than how much the junior end can conveniently assimilate.
15) Signal prioritizing mechanisms become dislocated in times of overload.
16) Incoming traffic can act as a brake on decision-making.
17) The more signals, the more the sun shines on signalers.
18) The ‘center’ must subject its own transmissions to the strictest self-denying ordinance.
19) Signaling promotes the centralization of authority.
20) There is an inverse law between robust doctrine and the need for signaling.
21) Heavy signaling, like copious orders, is symptomatic of doctrinal deficiency.
22) The promise of signaling fosters a neglect of doctrine.
23) War-fighting commanders may find themselves bereft of communications faculties on which they have become reliant in peacetime training.
24) Properly disseminated doctrine offers both the cheapest and the most secure command-and-control method yet devised by man.
25) Every proven military incompetent has previously displayed attributes which his superiors rewarded.
26) Peacetime highlights basic ‘primary’ skills to the neglect of more advanced, more lateral ‘secondary’ abilities, the former being easier to teach, easier to measure, and more agreeable to superiors.
27) The key to efficiency lies in the correct balance between organization and method.
28) Doctrine draws on the lessons of history.

Book Review: Syren’s Song

By Matt Hipple

In a splintering nation, isolated from the world by a terrorist organization’s terrifying new EMP technology, Syren’s Song stirs up a cocktail of classic Tom Clancy plot mix, shaken at a Clive Cussler speed, with a sprig of Dale Brown for flair.

The author, Claude Berube, only rarely envokes his  author’s prerogative for the suspension of disbelief. The technology is either real, or stays close enough to the world of possibility. Highland Maritime operates off the recently-purchased SYREN:  the former SEA FIGHTER, a real US Navy experimental vessel. Stark & Co employ an array of drones, firearms, and small boats that, unlike their action-movie alternatives, are shown as vulnerable as they likely would be. All told, I can forgive Claude the mystery EMP device, the stealthy resurgence of the Tamil Tigers, and a drone that can see the mineral component of objects in a building.

The conduct of operations by Highland Maritime, US Navy, and LTTE terrorist operations was sound as well. Syren’s Song contains none of the contrived horror-movie style “death by incompetence” moments we all hate. Even the ship driving is informative in its casual realism. At one point the SYREN uses backwash and wake to swamp low-board terrorist vessels – a small thing, but an important real-life use of maneuvering where another book may have used firearms as the destructive plot-device.

The history is also a strong foundation, especially for readers already interested in military and diplomatic affairs. Often, author-invented terrorist groups can be shallow clichés. Choosing the Tamil Tigers as Syren’s Song’s villains – particular the Sea Tiger wing – was an inspired villain choice.  The organization, and the civil war in Sri Lanka, is an incredible and tragic case study that provides emotion, impetus, and background to the characters. The deadly innovation of the Sea Tigers also jibes with the new direction they are taken in the novel. The title is a historical gem too – but anything further on that would be a spoiler. Syren’s Song is an education more than anything else.

Even the characters are real. They may sound fantastical, but as someone who knows a guy who escaped jail by enlisting and later on during liberty dismantled a Greek bar before drunkenly reconstructing it in the street…  truth is stranger than fiction.  A brilliant NAVSEA employee fired for smoking weed, an Iranian expat trained by former shah agents… even RDML Rossberg is real, unfortunately.

A note about RDML Rossberg – Claude Berube has managed to cull together a character that embodies the worst corners of naval thought and leadership in such an unsettling way. When thinking about how I would review the book, I almost unconsciously started referring to RDML Rossberg as the villain, even though he arguably plays only a minor role as spoiler.

Syren’s Song finds the sweet spot between the individual derring-do found in adventure novels and the operational/technological obsessions of the military thriller. The terrorist EMP threat is just the right kind to make the story’s microcosm plausible at all. Characters have expanded freedom to exercise their capabilities and individual interests. In a more realistic scenario, 7th Fleet would be getting hourly updates from the USS LEFON and the Indian military would have descending on Sri Lanka before proliferation of a terrorist superweapon destabilized their nation. However, Claude Berube backs off the interfering world just enough that this geopolitical incongruity is noted with relief, rather than incredulity. To do any less would have washed out the contrast and color of the cast.

What struck me most about Syren’s Song was the level to which it did strike me. It is strongly colored with the real experiences and passions of a man you can tell loves the service and people of maritime operations… and wants to do them due diligence. Perhaps, Syren’s Song is a love song of sorts.

The Connor Stark series will become your new favorite. Syren’s Song is an educational adventure whose characters you will love, and whose biggest flaw is only lasting 200 some pages.

Full Disclosure – Claure Berube is a close friend and associate… but if I didn’t like his book, I would have conveniently forgotten to review it or claimed I’d lost it in all the boxes of baby stuff stacked up in the den.

Matthew Hipple is the President of CIMSEC, host of the Sea Control podcast, and a naval officer whose opinion does not represent that of the US Government, Department of Defense, or Department of the Navy.

Book Review: American Sea Power and the Obsolescence of Capital Ship Theory

The United States is over-invested in large-scale capital ships that are a liability in this new age of irregular warfare. That is the premise behind the upcoming book, American Sea Power and the 51e6FYBh-oL._SX331_BO1,204,203,200_Obsolescence of Capital Ship Theory by R.B. Watts. Watts, a retired Captain in the United States Coast Guard, says that this text is a culmination of 30 years of research and observation. He does not rule out the possibility of conventional war between states; instead, he emphasizes the greater likelihood of irregular conflict and the Navy’s need to prepare for these types of conflicts. The book itself separates into three distinct sections: a historical analysis of predominant theories and their alternatives; an examination of the evolution since the Cold War; and an assessment of the new requirements of irregular warfare.

Watts does an admirable job of covering the historical basis for his theory. He begins with a detailed explanation of A.T. Mahan and his prevailing theory on the importance of the large scale capital ship fleet. He next explores the ascendancy, use, and effectiveness of the capital ship. From the dreadnought, to the battleship, to the fleet Alfred-Thayer-Mahancarrier, all the way to the nuclear super carrier, he examines the use and effectiveness of each in their prevailing conflict. During the Cold War, the Western policy of containment was a boon for navalists wedded to Mahanian theory. Containment implies encirclement and encirclement of the Soviet Union by sea was a major part of the NATO response. The capital ship theory though did not fit into the new paradigm. Vietnam and the Reagan reforms of the 1980’s were a strategic negative and positive for the Navy respectively.

Where he truly does excel is looking at the modern naval implications after 9/11. During the Global War on Terror naval air power was used to great effect in the beginning of ENDURING FREEDOM. It was used so successfully that the pilots soon ran out of targets. New developments have come to bear in the last decade. The Littoral Combat Ship, a small “streetfighter” designed to operate in the littorals and close to shore, has now been re-purposed to fight with the blue-water fleet. This led to massive cost overruns and concerns over survivability. China has risen to fill the gap left by the Soviet Union in capital ship theory.  Coming from the GWOT and the threat of China, was the concept of “jointness”. The idea is that by working together and collaborating, the force can be more efficient and relevant to irregular and regular missions. “Air-Sea Battle” announced in 2011 codified “jointness”, bringing with it capital ship theory at the forefront. He concludes that the United States must change its objectives to meet the new challenges of irregular war. As long as the United States remains a superpower, it should expect to be challenged using irregular methods.

American Sea Power and the Obsolescence of Capital Ship Theory is a noteworthy entry into an area that is rarely explored, the risk of over-reliance on capital ships in the United States Navy. The experience of the author and his meticulous research truly shows through the pages. His exploration of the Cyclone-class patrol craft, US Navy presence in the Persian Gulfthe LCS, and the need for a small surface combatant designed for operations in the littoral is quite compelling. The Navy is sorely missing a patrol craft that can operate on presence missions in the South China Sea, Persian Gulf, the Caribbean, and the Mediterranean. One area that is missing is the lack of the contributions of PT boats in the Second World War. Captain Watts’ book is a worthwhile read for anyone in the sea service and those interested in alternatives to current trends within the US Navy.

American Sea Power and the Obsolescence of Capital Ship Theory will be released on 15 November 2015.

David Roush received his Master’s degree in National Security Affairs emphasizing naval affairs from the Institute of World Politics. He also holds a bachelor’s degree from Western Michigan University in Political Science. David currently serves as CIMSEC’s Director of Content Management.