Current Operations

How to Negotiate with Pirates

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M/V Iceberg: Waiting is the hardest part.
        M/V Iceberg: Waiting when your ship’s come in.

Despite having declared a ‘comprehensive approach’ to Somalia, linking security with development, and launching the EUNAVFOR mission in December 2008, the European Union (EU) has neglected an important piece of the counter-piracy solution: negotiations for the release of European hostages held by pirates. The EU should adopt a consistent EU policy concerning the payment of ransom to pirates, set up an EU negotiation team, and identify and promulgate specific best practices in negotiation strategies.

The reduction of piracy in the Gulf of Aden is the consequence of many actions undertaken by several actors. The previous Force Commander of EUNAVFOR, Rear Admiral Philippe Coindreau, declared the “results are due to the combination of EUNAVFOR’s action, […] the use, by the maritime community, of systematic security measures on merchant vessels and high-quality cooperation with other naval forces and independent Navies”. According to Xavier Larreur, a NATO official, this is also partly due to Puntland’s efforts in arresting pirates.

However, while piracy in the Indian Ocean is on the wane, it is not yet beaten. The International Maritime Bureau (IMB) states that five boats and 77 hostages are still held by Somali pirates. In the beginning of June, a failed attack on the Indian ship Shaahi al Nuuri in the Indian Ocean led the head of operation of the EU Naval Force, Rear Admiral Bob Tarrant, to declare: “This latest attack once again shows that the threat of piracy is real. We must all remain vigilant. Earlier in the week – according to our information – several “suspicious approaches” in the Gulf of Aden were reported, but without shooting or boarding attempts.”Attacks will rise again if the naval presence is reduced or if vessels relax their vigilance.

Somali pirates are clearly organized: “Everything that you would need to run a cruise ship line, short of the entertainment, you need to run a piracy operation” says J. Peter Pham from James Madison University in Virginia. A pirate attack can cost as little as $15,000 dollars to set up and only 15 to 30 minutes to execute. But waiting for the ransom can last months.

Negotiations are the solution of last resort, taken only when preventive measures have failed to protect the ships from hijacking. Once hijacked, ransom should be paid only if it is too risky for the naval forces to attack the hijacked ship. This is typically the case, as most ships taken hostage by pirates are released by ransom rather than force, the actors involved preferring to avoid rescue missions because of the high risk of casualties. Fortunately, as pirates are not terrorists, there is not as strong a prohibition of negotiating with them for the release of hostages.

However, this solution of last resort can’t be handled individually. To avoid an increase in the amount of ransom and violence against hostages, it is necessary that Europeans better organize and coordinate the conduct of negotiations with pirates. The EU needs to create a crisis management team to provide a coordinated response to every ransom demand. By knowing how high the ransom was for each category of ship, and by understanding pirates’ negotiations styles, the EU could try to keep the price down. Indeed, countries that easily pay ransom such as Greece and Italy are paying sky-rocketing amounts. Pirates have now been securing equal or greater value for previously less-hijacked vessels. Therefore, a coordinated response could help reduce the business of piracy, or at least to not make it so attractive that new pirates get on the market, by setting a standard cap on the payment of ransoms.

A standing crisis management team would also gather and share intelligence on pirate groups to better fight them and facilitate any negotiations. Social networks, widely used by pirates, would improve knowledge of individuals and groups operating in the area. The EU’s effort must be modern – not left behind because of a heavy bureaucratic structure. Once hostages are freed, the crisis management team could systematically collect additional information on the organization of these criminal networks, working with EUROPOL and INTERPOL, who already trace criminal financial flows arising from payment of ransom.

This model can also be applied to other areas of pirate activity. The IMB again reports that the number of acts of piracy recorded off the West African coast in 2012 exceeded for the first time the attacks in the Gulf of Aden and the Indian Ocean, with 966 sailors attacked in the Gulf of Guinea, against 851 sailors off the coast of Somalia. The cost of goods stolen by West African pirates is estimated at between $34-101 million. On June 24th, the heads of state of Central and West African nations, gathered in Yaounde, Cameroon, for a summit on security in the Gulf of Guinea, requesting the deployment of an international naval force to fight piracy off their coasts.

Negotiations won’t work in every instance and they should not last long. Lengthier negotiations have not proven more successful in reducing the amount of the ransom, and their impact on the mental and physical health of hostages can be significant. In the case of the M/V Iceberg, the crew was abandoned by the owners, who did not have the requisite shipping insurance to pay a ransom. The crew was kept hostage and tortured for three years, which is the longest pirate hijacking in modern maritime history. Another tragic hijacking was the one of the Beluga Nomination, in which a sailor was killed during a failed bid to free the ship. It should be standard EU policy at some early point for the crisis team to determine whether the risk to the mariners of continued negotiations and unliklihood of an acceptable deal outweighs the risk of a rescue attempt. There is no certainty an EU crisis management team would have prevented these tragedies, but the lives of these sailors and the potential to reduce both the human and economic costs is worth it.

Alix is a political advisor in New Caledonia. She previously served as an officer in the French Navy, specialising in maritime law and maritime threats such as overfishing and piracy. Her masters thesis details the fight of the European Union against piracy.

To learn more about this subject, she suggests reading:
http://www.bruxelles2.eu/wp-content/uploads/2012/05/WILLEMEZ-A-little-guide-to-negotiations-with-Somali-pirates-for-European-negotiators-.pdf
http://www.chathamhouse.org/sites/default/files/public/Research/Africa/0812anyimadu_0.pdf
http://www.diw.de/documents/publikationen/73/diw_01.c.408689.de/diw_econsec0074.pdf

Capability Analysis, Current Operations, Future War, New Initiatives, Strategic Outlook, Tactical Concepts

A Korean Peninsula Combined Fleet

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The ROKS Dokdo and USS George Washington on exercise together.
The ROKS Dokdo and USS George Washington on exercise together.

In my previous entry on the U.S.-ROK naval strategy after the OPCON, I argued for a combined fleet whereby the U.S. and ROK Navies, together with the Japanese Maritime Self-Defense Force (JMSDF), may share their unique resources and cultures to develop flexible responses against future threats by Kim Jŏng-ŭn. Since I have been getting mixed responses with regards to the viability of the aforementioned proposal, I felt compelled to flesh out this concept in a subsequent entry. Here, I will examine command unity and operational parity within the proposed combined fleet.

First, as Chuck Hill points out in his response to my prior entry, should the three navies coalesce to form a combined fleet, the issue of command unity may not be easily overcome because “[w]hile the South Korean and Japanese Navies might work together under a U.S. Commander, I don’t see the Japanese cooperating under a South Korean flag officer.” Indeed, given the mutual rancor over historical grievances, and the ongoing territorial row over Dokdo/Takeshima Island, both Japan and the ROK may be unwilling to entertain this this arrangement. However, this mutual rancor, if left unchecked, could potentially undermine coherent tactical and strategic responses against further acts of aggression by Kim Jŏng-ŭn. It is for this reason that Japan and the ROK should cooperate as allies if they truly desire peace in East Asia.

So how can the three countries successfully achieve command unity within the combined fleet? One solution would be for an American admiral to assume command of the fleet. However, while it is true that the ROKN and the JMSDF have participated in joint exercises under the aegis of the U.S. Pacific Fleet, this arrangement would stymie professional growth of both the ROKN and JMSDF admirals who lack professional expertise comparable to their American counterparts. In particular, given that ROKN admirals will assume wartime responsibility for their fleets after the 2015 OPCON transfer, such arrangement would be unhealthy for the ROKN because it would only lead to further dependence on the U.S. Navy.

Instead, a more viable solution, as Hill suggests, would be for the three navies to operate on a “regular rotation schedule…with the prospective commander serving as deputy for a time before assuming command.” This arrangement would somewhat alleviate the existing tension between the ROKN and JMSDF officers. Furthermore, the rotation schedule may serve as an opportunity for ROKN and JMSDF admirals to prove their mettle as seaworthy commanders.

One successful example that demonstrates the efficacy of the above proposal is the ROKN’s recent anti-piracy operational experience with the Combined Task Force (CTF) 151 in the Gulf of Aden from 2009 to the present. In 2011, ROKN SEALs successfully conducted a hostage rescue operation against Somali pirates. ROKN admirals also assumed command of the Task Force twice, in 2010 and 2012 respectively.[1] According to Terrence Roehrig, the ROKN’s recent anti-piracy operational experience has “provide[d] the ROK navy with valuable operational experience [in] preparation for North Korean actions, while also gaining from participating in and leading multilateral operations.”[2]

However, it should be noted that it is “unclear whether ROK counter-piracy operations [with CTF 151] had a significant deterrent effect and, if so, it [was] likely to be limited.”[3] While CTF 151 may provide a plausible model for command unity for the combined fleet concept, it does not fully address potential operational and logistical problems in the event of another armed conflict on the peninsula. Moreover, while frequent joint exercises and exchange programs have lessened operational and linguistic problems, so long as the ROKN continues to be overshadowed by the Army-centric culture and structure within the ROK Armed Forces, it cannot function effectively as a vital component of the U.S.-ROK-Japan alliance in deterring future aggression by Kim Jŏng-ŭn.

To achieve operational parity within the combined fleet, I recommend the following. First, the United States could help bolster the naval aviation capabilities of both navies. The JMSDF has been expanding its number of helicopter carriers, while the ROKN is expanding its fleet of Dokdo-class landing ships, supposedly capable of carrying an aviation squadron or unmanned aerial vehicles (UAVs), in addition to its naval air wing. However, the absence of carrier-based fighter-bomber capabilities may pose problems for the combined fleet concept because it deprives the fleet of flexible tools to respond expeditiously to emergent threats. Thus, the U.S. Navy and Marine Corps could equip the two navies with the existing F/A-18E/F Super Hornets or the new F-35s.

Second, both Japan and the ROK should bolster their amphibious and special operations forces (SOF) capabilities. As the successful hostage rescue operation in January, 2011, of the crew of the Korean chemical tanker Samho Jewelry by the ROKN SEAL team demonstrates, naval SOF capabilities may provide the combined fleet with a quick reaction force to deal with unforeseen contingencies. Furthermore, amphibious capabilities similar to the U.S. MAGTF (Marine Air-Ground Task Force) may provide both the ROK and Japan with the capabilities to proactively deter and not merely react to future DPRK provocations. That the Japanese Rangers[4] have recently trained for amphibious landing with U.S. Marines, while the ROK MND (Ministry of National Defense) has granted more autonomy to the ROK Marines, can be construed as steps in the right direction. As if to bear this out, there are reports that the ROK MND plans to establish a Marine aviation brigade by 2015 to enhance the ROKMC’s transport and strike capabilities.

In this blog entry, I examined command arrangement and operational parity to explore ways in which a combined U.S.-ROK-Japanese fleet may successfully deter potential DPRK threats. Certainly, my proposal does not purport to offer perfect solutions to the current crisis in the Korean peninsula. Nevertheless, it is a small step towards achieving a common goal—preserving peace and stability which all East Asian nations cherish.

Jeong Lee is a freelance international security blogger living in Pusan, South Korea and is also a Contributing Analyst for Wikistrat’s Asia-Pacific Desk. Lee’s writings have appeared on American Livewire, East Asia Forum, the Georgetown Journal of International Affairs, and the World Outline.
________________________________________
[1] Terrence Roehrig ‘s chapter in Scott Snyder and Terrence Roehrig et. al. Global Korea: South Korea’s Contributions to International Security. New York: Report for Council on Foreign Relations Press, October 2012, p. 35
[2] ibid., pp. 41
[3] ibid.
[4] Japan does not have its own Marine Corps.

Current Operations

Tribunal Selected in Philippines Case Against China

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DisputedThe Philippines case against China’s maritime claims is moving forward. The Philippines on Jan. 22nd asked the International Tribunal for the Law of the Sea (ITLOS), to declare invalid China’s claims over the contested waters in the West Philippine Sea/South China Sea. ITLOS, established as an independent body by the UN Convention on the Law of the Sea (UNCLOS), has named Ghanian and former ITLOS head Thomas Mensah as president and final member of the 5-person panel that will hear the case. Mensah replaces a Sri Lankan judge who was removed for conflict of interest due to his Filipino wife.

While China has rejected the proceedings and refuses to abide by their rulings, as noted by Rappler.com, this will not at least necessarily impede the proceedings. Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) states:

“If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to make its award. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its award, the arbitral tribunal must satisfy itself not only that it has jurisdiction over the dispute but also that the claim is well founded in fact and law.”

Events, Strategic Outlook

Syria: Finding the Lost Cause in China

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Welcome to America’s Syria Policy, the China round. Having made the public announcement of support to the rebels, only two feasible policy options remain for the United States; these examples arise from two moments in history, existing together on a razor’s edge of success in a smorgasbord of disaster. We either take a page from the Kuomintang-Maoist balance during the invasion by Imperial Japan or from America’s opening of China in the 1970′s.

Option 1: Beyond the Syrian Sub-Plot

To much of the leadership of the Maoists (CCP) and the Kuomintang (KMT), both members of the Second “United Front”, the invasion by Japan was merely a precarious backdrop to the continued struggle for the face of China’s independent future. In the words of their leadership:

The photographer cropped out the knives behind their backs.
The photographer cropped out the knives behind their backs.

“70 percent self-expansion, 20 percent temporization and 10 percent fighting the Japanese.”
-Mao Zedong

“The Japanese are a disease of the skin, the communists are a disease of the heart.”
-Chiang Kai Shek

Even while the battle with Japan raged, Chiang-Kai Shek and Mao’s soldiers exchanged fire behind the lines of control. The conflict was partially a vessel by which the KMT and CCP collected foreign aid and built local influence/human resources for the final battle between the United Front’s membership. The limits of treachery within the Chinese alliance were often what each party felt able to get away with. China’s fate, not the rejection of an interloper, was the main prize.

The Syrian civil war has become such a major sub-plot; the two major parties, the Assad regime and the rebellion, are dominated by equally bad options: an extremist authoritarian backed by Hezbollah and Iran, and extremist Islamists backed by Al-Qaeda. Syria is beyond her “Libya Moment” when moderates and technocrats were still strong enough to out-influence extremist elements in stand-up combat with the regime. Like the KMT or CCP, the United States must now concentrate on the survival of what little faction of sanity exists within the war, as opposed to the war itself.

To concentrate on the “Rebel-Regime” narrative now is a mistake; for the United States, the only real narrative is the survival of moderate freedom fighters.  U.S. policy must concentrate on the perspectives of Mao and Chiang: the survival of the preferred eventual party, not the defeat of the temporal enemy.  Both extremist parties must lose; enclaves of moderates must be armed and pushed to defend themselves from both regime and rebels if need be. If such an operation is feasible, the moderate enclave could be made strong enough to sweep up and put together the pieces after extremist regime and extremist rebel have sufficiently weakened each other. The authoritarian regime is a disease of the skin, extremism is a disease of the heart.

 

Option 2: Trees for the Forest

America’s sudden opening with China was a calculated move to create a counter-balance to the conventional perception that the world was going the Soviet Union’s way. In that vein, sacrifices had to be made:

“I told the Prime Minister that no American personnel … will give any encouragement or support in any way to the Taiwan Independence Movement. … What we cannot do is use our forces to suppress the movement on Taiwan if it develops without our support.”
– Henry Kissinger

Eventually, America went so far as to switch official diplomatic recognition from their Taiwanese allies to the PRC. Some question whether the balancing program started by the Nixon administration’s efforts generated tangible results. Such is the risk of trading policy for intangible influence. However, the election of moderate cleric Hassan Rouhani as president of Iran has given the United States the chance to trade her potential quagmire in Syria for a brighter future for and with Iran.

Up until the recent election, policymakers had called Iran for the conservatives. Now, a moderate (note: moderate does not mean reformer) has been elected on a rather explicit platform:

“I thank God that once again rationality and moderation has shone on Iran… This victory is a victory for wisdom, moderation and maturity… over extremism.”
–President Rouhani

“Your government … will follow up national goals … in the path of saving the country’s economy, revive ethics and constructive interaction with the world through moderation.”
–President Rouhani

Like the PRC, President Rouhani is far from lock-step with western powers, but offers a great chance to shift the internal Iranian power balance to a more palatable place for United States policy. In the China scenario, the opponent was the Soviet Union and the offering was neutrality in the major PRC territorial concern: Taiwan. In this scenario, the Soviet player is the internal conservative element in Iran that prefers antagonism as a path to regional power. Although not a direct regional concern, Syria is nonetheless a part of Iran’s sphere of influence and a key part of Iran’s core interest to be the regional power. Offering to scale our Syrian direct involvement back to containment could give the new Iranian president the necessary trophies to allay conservatives and giving Rouhani the juice to convince the real powers Iran to throttle back on the nation’s own ill-advised plans for further involvement in Syria. No doubt he would like to make room for his original platform of diplomatic reform and internal growth. A trophy from the West in hand, he may gain the legitimacy to further push a more conciliatory approach with the west in regards to even nuclear policy. This would encourage greater region-wide stability through decreased Iranian antagonism. Unlike a direct Syria strategy, this vector suppresses a regional instigator of extremism, rather than attacking one particular instance.

The Pitfalls:

Option 1: Death Spiral

The direct Syria strategy potentially drags the United States into a military quagmire where her legitimacy of policy has been indirectly hung upon forces with which she considers herself at war. It may also force potential political fellow travelers in Iran to abandon their hopes of conciliation with the West as we become further associated with direct attacks on what Iranian strategists consider a sphere of influence supporting their core interests. Further pushing Iranian knee-jerk involvement in Syria, the United States either gets sucked in with her incredibly unpleasant bedfellows or must publicly divest herself of a major policy to great embarrassment. While fighting in China, General “Vinegar Joe” Stillwell once said, “We must get arms to the communists, who will fight,” missing the greater oncoming historical narrative. A direct strategy in Syria may accidentally force us into a conflict with no right sides and no exit; no matter the choice, we may foul the over-arching narrative of moderation and humanity in the face of extremism.

Option 2: Three Steps Back

While getting us out of a potential quagmire, we may sacrifice our public support of a legitimately beleaguered people for what may be little to no political advantage. There are no guarantees that trading direct involvement for containment will have any traction in the cloistered government halls of Iran. The U.S. abandonment of the anti-government elements during Desert Storm reverberated painfully. Can the United States afford to create a pattern of supporting and flipping rebels for political convenience if a chance still exists in Syria? While the political and military initiative of the moderate movement in Syria may be gone and the vacuum filled by monsters, the regular people behind that moderation are still there. As said by one of the philosophical forebears of the Republic, “all that is necessary for the triumph of evil is that good men do nothing.”

A Painful Choice:

Posing a series of ideas without taking a stand is the equivalent to cheating. Unfortunately, we arguably lost in both historical scenarios. The KMT was eventually defeated by the CCP and our later sacrifices in opening China may have been unnecessary, as the PRC may have already been girding themselves to take such actions.

Our hesitation has painted us into a corner where, heartbreakingly, we may only make things worse.
As heartbreaking as it is, our hesitation painted us into a corner where we have no real palatable options inside Syria. “Helping” may only arm monsters. Unfortunately, wishes and hindsight cannot change the present. Progress must be found elsewhere.

As much as it pains me to leave behind the besieged people of Syria, that conflict appears to the amateur to be too far gone. The West’s chance to out-influence the extremists was lost last year. When the drowning people of Syria reached out their hand, the only ones to grab ahold were our enemies while we looked on. Our involvement would suck us into a cycle of escalation in a conflict with no side we wish to favor. If Assad and his allied extremists wish to exchange with AQ and their extremists associates, both our enemies lose. No scenario exists, without Western boots on the ground, which does not lead to more mass death.Victory for either side will leave a long and bloody shadow. The better hope lies in the long view that a sustained positive relationship with Iran may serve as a conduit for increased moderation now and internal reform later. As for Syria, we must merely pray that the innocent can escape.

At the time we may have sacrificed too much in our opening to China, but its end result was increased reforms. No one would argue that the China of today is anywhere close to Mao’s terrifying schizophrenic state. Our opportunity with Iran is not as primed as the position potentially under-played by Nixon and Kissinger. Syria is enough of a mess and the Iranian opportunity great enough that a shift is worth the risk. If Iran can be encouraged to give via moderation the West the political space to open sanctions, economics rather than militancy could become the face of Iranian influence in the region. This could lead to greater stability, prosperity, and opportunity for everyone both outside and inside Iran.

(Editor’s Note 30/3/15, MRH – Well, so much for that.)

Matt Hipple is a surface warfare officer in the U.S. Navy.  The opinions and views expressed in this post are his alone and are presented in his personal capacity.  They do not necessarily represent the views of U.S. Department of Defense or the U.S. Navy.

Fostering the Discussion on Securing the Seas.