Category Archives: Global Analysis

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The Nature of the PRC’s National Defense and Military Reform

March 8, 2016 Guest Author Leave a comment

By Ching Chang

Last November, after an augmented meeting on reformed policies hosted by the Central Military Commission in Beijing, the longtime prepared and formulated reform of the People’s Liberation Army was eventually activated. This Meeting was assembled on November 24, 2015, and attended by all the major senior cadres of the defense establishment and various services.

Many features of the coming national defense and military reform were disclosed through the defense spokesmen system right after the meeting. Given the length of the meeting and the scale of participants, it is believed that directives of the reform were already settled by high authorities. No substantial discussion likely took place in this significant gathering of defense elites. Flag officers and commanding generals are only told the predetermined implementation plan. Somehow this reform may seemingly be like the traditional saying, “Theirs not to reason why. Theirs but to do and die.”

The new PLA leadership after reorganization. Edited by LTC. Huang, W. Y., ROCA, a teaching staff of the National Defense University, Republic of China

Later at the end of 2015, the Central Military Commission of the People’s Republic of China released a guideline known as “The Opinions of the Central Military Commission on Deepening the National Defense and Military Reform” (中央軍委關於深化國防與軍隊改革的意見), which provided more detail information about items of the inevitable restructuring process. Many political commentators and military observers put their efforts on features subsequently announced by the Chinese military including establishing new units, redefining AORs (Areas of Responsibility) and name list of the freshly appointed military leadership.

Indeed, grasping the progress of the reorganization can be very helpful to acquire information about many features but it is less productive for us to understand the logic behind the reform process. Understanding the nature of the PRC’s national defense and military reform is more valuable to access the thinking behind the decision making modus operandi of the People’s Liberation Army leadership or even their political masters. By reviewing the history of the military reform planning process started right after Mr. Xi Jinping inaugurated the Chairman of the Central Military Commission until now and the contents of the associated policy documents, we may conclude key attributes regarding the nature of the PRC’s national defense and military reform.

First, this reform is parallel to the tempo of Chinese society by its essence. It is only a part of the overall reform in Xi’s political engineering blueprint. All the issues noted in this deepening national defense and military reform process not only reflect demands from the external strategic environment but also attempt to satisfy the expectations originating from the People’s Liberation Army elites.

Deepening national defense and military reform is a political engineering parallel with the tempo of the whole society. The military can not proceed the reform tasks all by itself.

Why may it take more than two years to formulate a guideline for substantiating the military reform? The answer is simple and straightforward. The defense and military reform itself does not act alone. There are many factors associated with other governing mechanisms in Chinese society. The military reform is only a segment of the overall reform endeavor advocated by the Chinese Communist Party. As the defense authority would like to proceed with its reform efforts, it is necessary for them to acquire mature social prerequisites and suitable political conditions.

The overall reform policy was actually settled by the Third Plenary Session of the Eighteenth Chinese Communist Party Central Committee. On November 12, 2013, a policy document known as “The Decision on Major Issues Concerning Comprehensively Deepening Reforms” (中共中央關於全面深化改革若干重大問題的決定) was approved by the Central Committee of the Chinese Communist Party. In the document containing sixteen chapters, Chapter Fifteen includes Point 55 to 57 which present the following directives:

Chapter XV—National defense and military reform

The People’s Liberation Army must be loyal to the Chinese Communist Party, be able to win and be persistent with its good traditions.

Deepen the reform of the military’s composition and functions. Improve the combined combat command systems of the Central Military Commission and military commands. Push forward reform of training and logistics for joint combat operations. Optimize the structure and command mechanism of the Armed Police Force. Adjust the personnel composition of the military and reduce non-combatant departments and staff members.
Boost the adjustment of military policies and mechanisms. A modern personnel system for officers will gradually take shape with the establishment of an all-volunteer officer system as the initial step. Improve management of military expenditures.
Boost coordinated development of military and civilian industries. Reform the development, production and procurement of weapons. Encourage private businesses to invest in the development and repair sectors of military products.

Given the complexity and the structure of this policy document, this is why it took such a long period of time after Xi was elected to chair the Central Military Commission and declare his intention of military reform in the first Central Military Commission Standing Committee Meeting. Further. The People’s Liberation Army needs resources granted by the whole of society to support its own reform. Chinese society must accommodate decommissioned manpower released by the military during this reform process. The military reform is therefore a segment in the larger social and political reform project. How can you put your eyes only on a single branch but ignore the whole tree?

The leadership of the communist party is unchallengeable in the military reform process.

Second, the military reform in the PRC once again reaffirmed the Chinese Communist Party’s leadership over the People’s Liberation Army. Although many features exposed by the reform themselves are seemingly promoting the military professionalism, nevertheless, according to the decision-making procedures, the political masters of the military still hold a tight grip on the armed forces in China as always addressed by the tradition known as “the party commands the gun.”

As already mentioned, Mr. Xi has clearly blown the trumpet of military reform right after taking the power of military command in the First Plenary Session of the Eighteenth Chinese Communist Party Central Committee. No key decision had been made nor was clear policy declared on military reform until the eventual policy of a comprehensive social and political reform project was settled by the Chinese Communist Party in its Third Plenary Session of the Eighteenth Central Committee occurring 9–12 November 2013.

The Leading Group for the National Defence and Military Reform of the Central Military Commission (中央軍委深化國防與軍隊改革領導小組) was immediately organized and personally chaired by Mr. Xi, the Chairman of the Central Military Commission, and held its first meeting in early 2014. The second meeting of this leading group was held on January 17, 2015. At the moment, it was known that the military had already successfully coordinated with other government departments and local governments to support their reform tasks through party arbitration mechanisms. Expected resistance within the military was also eliminated by these external sponsorships. It vividly indicates the role played by the communist party within the reform process.

The national defense and military reform is in essence an issue very transparent to the Chinese society.

The Proposal of Deepening National Defense and Military Reform Overall Plan (深化國防與軍隊改革總體方案建議) eventually completed drafting in the third meeting of the Leading Group for National Defence and Military Reform of the Central Military Commission on July 14, 2015. It is essential to note that this proposal still needs to be reviewed by the Central Military Commission Standing Committee by July 22 even though both mechanisms are chaired by Mr. Xi. Finally, the proposal was approved by the Political Standing Committee of the Chinese Communist Party, again chaired by Mr. Xi, later on July 29.

After the political decision was made by the party decision-making mechanism, the Central Military Commission Standing Committee in its routine meeting on October 16 started to inspect the Implementation Plan for Administration and Command Structure Reform (領導指揮體制改革實施方案) submitted by the Leading Group for National Defence and Military Reform of the Central Military Commission according to the party-approved proposal. All features of the PRC’s military reform presented to the public was actually settled by this implementation plan, not from any discussion in the augmented meeting assembled on November 24, 2015. In this decision process proceeding between party and military decision making system, even these mechanisms are basically chaired by Xi. There is no doubt the Chinese Communist Party is still effectively exercising its leadership over the People’s Liberation Army. Regardless of the military professionalism indicated by the features shown in the military reform, the party is still the boss of these military professionals.

Last but not the least, the transparency of the military reform is unquestionably significant. There is a general trend of accusing the transparency of Chinese policies or actions in the community of Chinese observers. Rarely do Chinese experts ever thoroughly read these documents openly released by the communist authorities before criticizing transparency. As noted in this article, dates of decision making meetings and documents of reform policies are essentially quite transparent. At least in two documents already mentioned, the Decision on Major Issues Concerning Comprehensively Deepening Reforms and the Opinions of the Central Military Commission on Deepening the National Defense and Military Reform, are openly available. All features attracting media concern are already listed by these two documents.

Many military professionals’ careers will be undermined by the reform process.

This military reform may affect the careers and families of many military personnel. It may also undermine interests of defense industries and local economies. Social engineering of this scale cannot be totally concealed. Three hundred thousand military personnel will be decommissioned by this reform. Many units will be eliminated and their assets need to be disposed of. It is impossible to shut the door and engage with the reform only by the military itself. Can Chinese military experts know the right sources to understand the nature of the People’s Liberation Army’s reform?

The content of these two documents not only address the tasks that need to be done but also consequences that should be actively prevented. This position is considerably pragmatic. Many possible corruptive actions are warned of. To some extent, no intention to ignore the dark side of the human nature that possibly fishing in the trouble water is also evidently presented by the texts of the policy document. These possibly embarrassing issues can be noted by texts with no preservation. The degree of transparency should be undeniable.

However, it is necessary to remember that the title of the Opinions of the Central Military Commission on Deepening the National Defense and Military Reform implies that there are still many uncertainties existing within the future reform process. According to Article Nine of the Procedures for Handling Official Documents in the Administrative Departments of the Government for the PRC, the definition of a document with the title of “opinion” is “An opinion shall be given when providing opinion over important issues and the solutions thereof.” Unlike “decision” its definition is “A decision shall be given in the following situation: deciding on important issues or actions, granting citations to relevant work units and personnel, changing or cancelling inappropriate decisions made by sub-branches.” Are the solutions of all the PRC’s military reform tasks completely settled? Obviously not! Otherwise, the document would be titled with “decision,” not “opinion.”

The features of the military reform involve much information to analyze, but to understand the nature of the People’s Liberation Army reform is the essential foundation to solve this game of jigsaw. Without knowing the fundamental characteristics of this reorganization process, we may only act like a dog chasing its own tail with no result at all.

Chang Ching is a Research Fellow with the Society for Strategic Studies, Republic of China. The views expressed in this article are his own.

Africa, Current Operations

West African Navies Coming of Age?

March 7, 2016 Guest Author Leave a comment

By Dirk Steffen

On 11 February 2016, fourteen Nigerian and Ghanaian pirates in two speedboats attacked the product tanker MAXIMUS (ex-SP BRUSSELS) 70 nm south of Abidjan, Ivory Coast. They hijacked the ship with the intention to steal part or all of its 4,700 metric tonne diesel fuel cargo, sailing it to a position ca. 300 nm south of Lagos, Nigeria over the next few days. The case ended with an opposed boarding of the tanker by the Nigerian Navy, which left one pirate dead and six apprehended; the remainder fled on their support vessel, taking two crewmembers of the MAXIMUS as hostages.

What began as just another product tanker hijacking developed into a model case for regional maritime security cooperation under the Yaoundé Code of Conduct. The first asset to track the hijacked tanker was the Military Sealift Command’s expeditionary fast transport vessel USNS SPEARHEAD, stationed in the region for training and exercise support as a part of the African Partnership Station. SPEARHEAD identified the hijacked ship and shadowed it for two days as it sailed from Ivorian into Ghanaian waters. Then the CTF 63, Capt. Heidi Agle, handed over to the Ghana Navy, which continued to shadow the ship until it crossed the extension of the maritime boundary to Togo, about 200 nm offshore at that point. While Benin and Togo were not able to mobilise vessels to that distance from the shore, Nigeria was.

USNS SPEARHED leaving Douala in March 2015 (Photo: Dirk Steffen).

On 17 February the MAXIMUS, now re-named MT ELVIS-5 by the hijackers, had reached a position about 300 nm south of Lagos, roughly north-west of the island nation of Sao Tome and Principe. While an unknown mother ship had probably supported the actual attack on the tanker, another vessel, the small Cambodian-flagged tanker DEJIKUN, was likely used by the pirates in an attempt to steal part of the MAXIMUS’s cargo. The DEJIKUN was tracked heading south from Lagos on 16 February, arriving in the general area of the MAXIMUS on midday of 18 February.

The hijacking of the product tanker MAXIMUS and the tracks of the pirate support vessels between 8 and 19 February 2016 (source: MaRisk by Risk Intelligence).

Close on her tail was the Nigerian offshore patrol vessel NNS OKPABANA followed by NNS SAGBAMA. Meanwhile, the Nigerian Navy’s Chief of Training and Operations (CTOP), Rear Admiral Henry Babalola, obtained permission to operate in Sao Tomé and Principe waters although the MAXIMUS was technically in international waters (albeit inside the Sao Tome and Principe exclusive economic zone). What followed on 19 February were eight hours of negotiations via VHF before a Nigerian Navy boarding team from NNS OKPABANA boarded the MAXIMUS in the evening of 19 February. The pirates briefly offered resistance, before one of their number was killed and the remaining six on board the MAXIMUS fled into the engine room where they eventually surrendered.

Both from an operational point of view, especially with regards to regional co-operation as well as from a tactical perspective, the mission was a success. None of the MAXIMUS’s crewmembers were injured, although several pirates escaped with two hostages onto the DEJIKUN. The ship was later found drifting off Benin, abandoned by the pirates who had also taken the hostages with them.

Nigerian Navy SBS team (Photo: German Navy/Steve Back).

The liberation of the MAXIMUS was lauded as a model of regional co-operation under the Yaoundé Code of Conduct, even though Sao Tome and Principe, a nation with virtually no maritime security capacity, never reported to Nigeria or to the relevant Zone D reporting centre in the region (contrary to the official statements) when the MAXIMUS or DEJIKUN entered her waters. Nigeria eventually asked for permission to pursue the MAXIMUS into the Sao Tome and Principe exclusive economic zone under a bilateral agreement, which in the end achieved its objective, but also exposed some of the still extant weaknesses in the regional framework and capacities.

While diplomatically relevant, the message that the operation sent to the criminals was equally important: Gulf of Guinea states are increasingly willing and able to suppress maritime crime. It may only have been a beginning, but it may well be that the prospect of a forceful naval intervention has upset the plans of would-be tanker hijackers at a time when the economic situation in Nigeria is becoming increasingly conducive to the theft and smuggling of fuel into the country.

For the navies of the region, especially the Nigerian Navy, success may become self-reinforcing. The Nigerian Navy has long labored under its dismal performance and reputation relative to its assets and manpower potential. It remains beset by corruption and inefficiency, but it appears that the change that the Buhari presidency has brought over Nigeria may have begun to affect the navy as well. The Nigerian Navy had already responded with some alacrity to the brief hijacking (turned kidnapping) of the LEON DIAS on 29-31 January, the attempted kidnapping of crewmembers from the SAFMARINE KURAMO on 5 February near Bonny River Fairway Buoy and more recently, assisting the BOURBON LIBERTY 251, which had two crewmembers kidnapped on 23 February 2016. In all cases, the Nigerian naval vessels arrived well after the attacks, although in the case of the SAFMARINE KURAMO the attackers had to abandon their attempt to extract the crew from their citadel and were forced to leave the ship. While not entirely satisfactory to those involved, it is progress over previous years. Before, the navy hardly ever responded to distress calls at all, and when they did, it more often than not created bad blood between them and the merchant marine community through heavy-handed practices.

It is likely that the response to similar incidents will remain hit-and-miss for some years to come, especially if the circumstances are less favorable than in the MAXIMUS case. The MAXIMUS episode benefited from the presence of the USNS SPEARHEAD, which was conveniently deployed in the area for the upcoming African Partnership Station’s OBANGAME EXPRESS 2016 exercise (17-25 March 2016) as well as from some serious tactical mistakes made by the pirates. However, amongst other contingencies, the OBANGAME EXPRESS exercise series rehearses responses to precisely this type of scenario. In a way, the incident therefore reflects the journey the navies of the regions have made since the inception of OBANGAME EXPRESS and it will surely provide interesting input for the upcoming iteration of the exercise. The Nigerian Chief of the Naval Staff (CNS), Vice Admiral Ibok- Ete Ekwe Ibas, has credited OBANGAME EXPRESS with meeting its objectives. His challenge will now be to follow up and maintain, as he said, the “resolve of the navy to deploy more ships to maintain the current record of sea patrol in order to tackle maritime security challenges.”

Dirk Steffen is a Commander (senior grade) in the German Naval Reserve with 12 years of active service between 1988 and 2000. He took part in exercises OBANGAME EXPRESS 2014 and 2015 both at sea and ashore for the boarding-team training and as a Liaison Naval Officer on the exercise staff. He is normally Director Maritime Security at Risk Intelligence (Denmark) when not on loan to the German Navy. He has been covering the Gulf of Guinea as a consultant and analyst since 2004. The opinions expressed in this article are his alone, and do not represent those of any German military or governmental institutions.

Asia-Pacific, History, Middle East

A Comparative View of the Ancient and 21st Century Maritime Silk Roads

March 3, 2016 Guest Author 1 Comment

By Mohid Iftikhar and Dr. Faizullah Abbasi

From a historical perspective, the term Silk Road was not commonly used until it was coined by German Geographer Ferdinand von Richthofen in 1877. The ancient Silk Road continues to captivate various fields of study including history, sociology, archeology, politics, and international relations. In a general sense, the Silk Road is known as a series of routes that connected Asia, Europe and Africa, both through land and the sea. The 20^th Century brought about various debates for the Silk Road and its revival. In 2013, Chinese Presient Xi Jinping advocated for the revival of the New Silk Road under objectives of regional cooperation and harmony. The 21^st Century Maritime Silk Road is a revitalized phenomenon under the ancient concept that promotes globalization under the principles of peace, mutual economic benefits, and sustainable development in the maritime sphere. This article aims to offer a comparative view between the ancient and 21^st Century Maritime Silk Road.

Ancient Maritime Silk Road

In the book “The Silk Road: Travel, Trade, War and Faith” Whitefield and Williams (2004) argue that some discrepancy exists with regard to names and places associated to the Silk Road. Any form of text relating to the Silk Road is on account of human narratives, where myths play an equally important role. Exchange between civilizations (religion art, trade, etc.) has contributed to this variety of viewpoints. One of the most integral elements of the Silk Road was the maritime domain. The ancient maritime Silk Road emerged as a new economic architecture that was beyond trade, embryonic to social interaction, political dependence, and a shift in power relations. However, counterintuitive arguments have been introduced in the 20^th century from scholars that reflect upon dimensions of imperialism.

Geographically, the ancient maritime Silk Road had two routes, one from China to the East China Sea linking to the Korean peninsula, and the second from China to South China Sea, Southeast Asia, South Asia, Arabian Sea, Indian Ocean and the Persian Gulf. Archeological evidence suggests maritime transportation dates back to thousands of years before inception of the Silk Road. However, the seaborne trade routes for the Silk Road strengthened during the time of Han Dynasty in China. In an article by Koh (2015) “21^st Century Maritime Silk Road,” it is suggested that one important aspect of the ancient maritime Silk Road was freedom and autonomy of navigation, which remains the prime reason for exploration of the seas and close contact of civilizations leading to cooperation and trade.

Until the 7^th Century, land routes were preferred and profitable. It was an era where Chinese, Romans and Parthians flourished. But later, new powers emerged, and Arabs played a central role in the rise of the maritime Silk Road. The maritime route gained favor over land due to the capacity for greater volume of shipments and relative safety compared to the looting and thefts on land routes. Historical notes on the ancient maritime Silk Road define constituents of peace beyond commerce. Hence art, culture, and religion were the key factors for co-existence and tolerance amongst various civilizations. But there were noticeable drawbacks to the ancient maritime Silk Road, including unpredictable weather and harsh storms that vanished wreckage of ships. Further, there were dangerous straits which were crucial in relation to navigational expertise and control for power, and later the rise in piracy emerged as a result of Mongol dominance of the Silk Road.

The 21^st Century Maritime Silk Road

The 21^st Century Maritime Silk “Road” (MSR) will begin from China, moving on to the South China Sea and then Southeast Asia, the Indian Ocean, Africa, and Europe. The southern extension of the route offers access to the South Pacific. According to the National Development and Reform Commission of China (2015), the New Silk Road is based on five principles of the United Nations charter: mutual respect, mutual non-aggression, mutual non-interference, equality and mutual benefit, and peaceful coexistence. The MSR would play a vital role for development in the seas through regional cooperation based on infrastructure development, financial integration, free trade, and scientific and human exchanges. The same is supported by academic literature and government reports that how the MSR may evolve newer patterns of regional trade and diplomacy.

China’s ambitions support a multilateral approach under international relations where cooperation is promoted on common interests. On similar lines, many experts have raised speculations towards ownership, governance, geo-politics, and prevailing conflicts in the South China Sea. Can initiatives such as the Asian Infrastructure Investment Bank (AIIB) indicate practical steps from China that defy perceptions limiting political constructs towards hegemony? What is important to understand in today’s context is that development and harmony would fail through a bilateral or a unilateral approach. Collaboration between states through the MSR not only produces economic gains, but results in greater exchange between societies that will promote culture rooted in harmony and cooperation.

A comparative view of the Ancient and 21^st Century Maritime Silk Road includes varying perspectives. However, common grounds are based on principles of economic exchanges through peace in a humanistic approach that strengthens regional integration through cooperation and cultural avenues. The significant difference for MSR today falls under freedom of navigation. International laws and regulations have defined boundaries, which was not the case in ancient times. Another prominent facet of ancient times was the draw of exploration of the seas. Civilizations wanted to get in contact for trade, prosperity, and learning. What remains a question with regard to today’s geo-political dynamics is the following: can great powers co-exist, especially with today’s complex political dynamics? The rhetorical debate over the 21^st Century Maritime Silk Road has ambiguities, but participating nations from Europe, Africa and Asia must realize the need for an integrated network. Like ancient times, states need their economic expertise to be promoted, which not only manifests itself in monetary value, but also in mutually cooperative societies that may initiate a sustainable track towards global peace.

Mohid Iftikhar has a Masters of Philosophy in Peace & Conflict Studies from National Defence University, Pakistan and a Bachelors in Business Administration from University of Southern Queensland, Australia. He has completed a short course on Defence & Security Management in collaboration with Defence Academy, UK, Cranfield University and NDU, PK. He is a member of Center for International Maritime Security and Associate member, the Corbett Centre for Maritime Policy Studies, King’s College London. At present he is a Deputy Director at Center of Innovation, Research, Creativity, Learning & Entrepreneurship (CIRCLE) at Dawood University of Engineering & Technology Pakistan. His views are his own.

Dr. Faizullah Abbasi has a Masters in Production Management and Manufacturing Technology from Strathclyde, UK, and PhD from University of Sheffield, UK. He is a distinguished Professor and expert on Industrial Growth and Oil and Gas Development. Currently, he is the Vice Chancellor Dawood University of Engineering & Technology Pakistan. His views are his own.

Africa, Book Review

Book Review: Piracy and Armed Robbery at Sea

March 2, 2016 Guest Author Leave a comment

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

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)

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)

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.

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

Fostering the Discussion on Securing the Seas.