Tag Archives: Book Review

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: 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.

Book Review: James Bradley’s ‘The China Mirage’

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James Bradley. The China Mirage: the Hidden History of American Disaster in Asia. Little, Brown and Company. 417pp. $35.00.

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The United States has a troubled relationship with China. The confrontations over military budgets and the South China Sea are profound but they are not the first flash-points to develop in the relationship. The details of American involvement in China’s so-called “Century of Humiliation” are not widely known among Americans. In steps James Bradley, author of Flags of our Fathers, with his newest offering: The China Mirage. Bradley offers in the introduction to examine “the American perception of Asia and the gap between perception and reality.” While the book’s direction and intent are admirable, The China Mirage lapses into a mirage of its own, in which every American action in China is driven by economic exploitation, abject naivety, or criminal gullibility.

The China Mirage is organized chronologically and examines American involvement and missteps in East Asia. It begins with detailed treatment of the life of Warren Delano, the grandfather of Franklin Delano Roosevelt, who made the family’s fortune by opium smuggling and conveniently described his activities as “the China trade.” It continues in a grand historical arc covering both Roosevelt presidencies, both Sino-Japanese Wars (from 1894-1895 and 1937-1945), the Greater East Asia Co-Prosperity Sphere, Chiang Kai-Shek, Mao Zedong, the outbreak of World War II, the Chinese Civil War, the “who lost China” debate in the United States, the Korean War, and the Vietnam War. This feat is a tall order for any author and Bradley manages to keep the pace moving throughout his 400-page tome with vignettes from lives of Great People.

While the book is nominally about China, it spends a large portion examining the United States’ relationship with Japan. The long treatment of characters such as Theodore Roosevelt (TR) and Baron Kaneko, Japan’s

A photo of Kitaro Kaneko at his Harvard Graduation
A photo of Kitaro Kaneko at his Harvard Graduation

Harvard-educated diplomat who built a strong relationship with TR, mentions China on the periphery but the reader can clearly see the fruits of Bradley’s research in his earlier book about TR’s presidency, The Imperial Cruise, shining through in this newest text. While the United States’ treatment of Japan was somewhat connected to China, the amount included in The China Mirage was excessive and distracting. At times, the narrative style is frenetic, moving back and forth between China and Japan fast enough to induce whiplash.
Bradley’s style is, at its core, polemic and his words drip with venom. He uses vivid portraits to weave a narrative about the various decision-makers on both sides of the Pacific who drove the hundred-year drama. Lurid details and shortcomings are front-and-center with the author’s voice providing commentary. The Republic of China is referred to as “The Soong-Chiang Syndicate”; American missionaries are called Chiang Kai-Shek’s “favorite sycophants”; Baron Kaneko’s interactions with TR are described as “canoodling.” China’s population is referred to as “Noble Chinese Peasants” to reflect American incorrect assumptions that the Chinese were ignorant and eager to adopt America’s Christian culture. The style is certainly not boring but, as the narrative progresses, it became more of a burden than a boon. The sarcastic use of terms such as “Southern Methodist Chiang” or “foreign devils” became distracting as they were used repeated throughout the entire book, implying that they were not just rhetorical flourishes but an opportunity for the author to express his disdain for many of the players involved.

In an ironic twist, The China Mirage ends up crafting caricatures which cleve as much to a fantasy as the American vision of the Noble Chinese Peasant which Bradley derides throughout the entire book. Theodore and Franklin Roosevelt appear as bumbling fools who were taken in respectively by the Japanese or Chiang Kai-Shek. The reader is treated to vivid, often unnecessary, digressions into the men’s Harvard connections and material opulence. FDR is essentially a

FDR sits between Chiang Kei Shek and Winston Churchill at the Cairo Conference.
FDR sits between Chiang Kei Shek and Winston Churchill at the Cairo Conference.

tottering fool who lives large off opium money while being seduced by bureaucratic charlatans and bamboozled by colorful maps. These analyses both ignore the savviness of both of these men in their Presidential roles as well as the fact that one person, even a President, is unable to successfully implement policy without buy-in from others in the policy-making world. The book’s implied belief that these men’s personal failings single-handedly lead to policy-blunders is overstated.

On the other hand, Bradley lionizes Mao Zedong as a people’s champion who was a better choice than Chiang Kai-Shek to lead China. Mao is portrayed as the key character in anti-Japanese resistance during the Second Sino-Japanese War (1937-1945), exhorting the corrupt Chiang to “show some spine.” The problem with this assertion is that, unlike Bradley claims, Mao’s forces were barely ever involved in fighting against the Japanese. A vivid portrait is painted of Mao’s seemingly saintly activities in his Yan’an enclave in the 1930s without any mention of the thousands of Communists who were purged during those years to cement his hold on power. One could assume that this omission was mere oversight were not for the fact that, in a preceding chapter, Chiang Kai-Shek’s execution of a few journalists was given top-billing in the narrative. The reader gets the impression that the book has a purposeful slant and bias.

There are other conclusions which might cause some arched eyebrows. The decades-long recognition of Taiwan as the seat of the Chinese government is portrayed as a singular act of American arrogance and ignorance, yet non-recognition was the exactly same policy used by the United States with the German annexation of Austria in 1938 and the Soviet annexation of the Baltic States in 1940. A condemnation of the FDR Administration’s Lend-Lease policy, derided as an “attractive fiction that, after their wars were over, England, Russia, and China would return the materials the U.S. lent to them,” misses the fact that many of those materials were returned, even by the Soviet Union during the early stages of the Cold War. These attacks indicate that the objective of the narrative is to find any and every way to undermine the people whom the author does not like rather than focusing on the book’s main purpose: analyzing the United States’ relationship with China.

While the style and content might at times be suspect, Bradley does a valuable service by introducing historical issues which are not in the American mainstream: the sad legacy of the Exclusion Act and anti-Chinese violence in mid-19th century America; the lingering distrust in China of outsiders who preach a noble message but are perceived to act in their self-interest; the role the United States oil embargo played in the outbreak of war with Japan; the opportunity, though overstated and oversimplified, for the United States to broker an agreement with Mao before the Chinese Civil War formally began; the abominable treatment of people with China experience in the State Department during the early days of McCarthyism. These are important topics that should be more widely known so that the average American can have a more nuanced understanding how the Chinese people, rather than just the Chinese government, will react to American policy.
American policymakers will need to get the US-China relationship right if they want to successfully navigate a turbulent 21st Century. To achieve this, they will need to shelve preconceived notions of what China is and view on-the-ground facts rather than projecting their own culture and worldview. The China Mirage can be a jumping-off point for the uninitiated but recognize that, just like other historical narratives about China, it has its own shortcomings.

Matthew Merighi is CIMSEC’s Directors of Publications. He is also a Master of Arts candidate at the Fletcher School of Law and Diplomacy studying Pacific Asia and International Security.

Some Corner of a Foreign Field that is Forever Anzac: A Book Review of Peter Fitzsimons’ Gallipoli

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The following book review is by guest author Shane Halton.

Peter Fitzsimons. Gallipoli. Random House Australia, Feb 01, 2015. Hardcover. 800 pages. $45.00.

When writing about World War I, it can be difficult to strike the correct philosophical balance. Make the story too bleak or nihilistic and you risk misunderstanding the very real patriotic enthusiasm that characterized the first months of the War. Conversely, one can’t make the story too romantic and heroic at the risk of ignoring the fact that most of World War I was a brutal slog with moments of individual gallantry, often overwhelmed by pointless slaughter exacerbated by terrible generalship.

World War I had so many different facets that it can be hard to meld the stories of political scheming in London, Berlin, and Constantinople with the existential drama of soldiers clinging to their lives in trenches under constant enemy fire while waiting for the order to ‘fix bayonets’ and go over the top. Simply put, most stories of World War I don’t scale well: they work best as individual stories (depending on your temperament I recommend either Storm of Steel or the equally classic All Quiet on the Western Front) or sweeping grand histories (my favorite one volume is the comparably slim The World Undone or Robert Massie’s Dreadnaught and Castles of Steel combination for the nautically inclined). Rarely does a history come along that can fuse the two genres. That’s why Peter Fitzsimons’ masterful new volume Gallipoli is such a treat.

The task of the Allies at Gallipoli was truly Sisyphean. They held the low ground: thin trenches carved into the sides of steep cliffs, downhill from the Turkish trenches, exposed to artillery fire. A few times a month they were

A modern view of ANZAC cove
A modern view of ANZAC cove

directed to fix bayonets and, often in the cover of darkness and always over terrain with minimal cover, take the hill and break the Turkish lines. It was an impossible task. After over a year of grinding attrition from disease and enemy fire, the Allied troops were withdrawn in secret, in good order and with no casualties. The Gallipoli peninsula was ceded to the Turks.

How did it all go so wrong? Despite opting to spend most of the book with the ANZAC (Australian and New Zealand Army Corps) troops in the trenches, Fitzsimons does an admirable job decoding the mix of over-optimism, managerial muddle, and lack of appreciation for local conditions that combined to make an Allied amphibious landing in Gallipoli seem like such a good idea… at least to those sitting in London. A young and manic Winston Churchill, then First Lord of the Admiralty, speed walks through Whitehall, obsessed with finding a way to use the Royal Navy to end the grinding stalemate on the Western Front. His genius brainwave? Send a flotilla of minesweepers and battleships up the Dardanelles and onward to Constantinople to scare the Turks into surrender. Had that plan worked it would have stood as history’s grandest example of gunboat diplomacy.

But the plan didn’t work. The Ottomans and their German advisors mustered just enough of a defensive effort, using a combination of minefields and artillery, to drive back the minesweepers and batter the fleet. Churchill was forced back to the drawing board, eventually convincing the Army to support the Naval force with an amphibious landing on the Gallipoli peninsula. The previously all-Navy operation thus

An Australian Sniper peers over a trench in 1915.
An Australian Sniper peers over a trench in 1915.

became a joint Army-Navy invasion. Until the following year’s Allied withdrawal from the peninsula, the Army was to take the brunt of the punishment, with the Navy providing mainly logistical support and transport with the occasional desultory gunfire support to ground operations.

What redeems the story of this quagmire is the piss, vinegar, and rude good humor of the ANZAC soldier as he departs home for the first time, trains for combat in Egypt under the nose of the Sphynx, disembarks on the coast of the Peninsula during the cold predawn hours, and scrambles up the hill again and again as Allied fortunes slowly dwindle and the bodies of his friends pile up around him. Though the story has many individual heroes on both sides (Fitzsimons has a deep respect for the tenacious Turks, enduring stoically in conditions at least as poor as those of the Allies), it is the archetype of the ANZAC soldier that shines through most brightly.

The first third of book covers the transportation and training of the ANZACs and culminates in the shock of their initial (opposed) landings. It reads like a nineteenth century boy’s adventure novel. Everything is bustle and forward motion; the world outside Australia is crammed with dangerous and seductive wonders. The reader is invited to stand among the troops and stare in awe as their transport ships glide quietly up the Suez Canal at night. Later, as the ANZACs train and assemble for the invasion in Alexandria, the story briefly becomes a cautionary tale about the dangers of allowing relatively well paid young soldiers unfettered access to Egypt’s renowned brothels. Letting the reader get to know and love the jovial ANZACs before hurling them on the beaches of Gallipoli is a painful and effective way of keeping one glued in through the rest of the often grueling narrative.    

One of the reasons that Fitzsimons succeeds in capturing the huge scale of the landings and subsequent battles while never losing sight of the plight of the common soldier is that Gallipoli itself is just the right size. Most important locations are a single hill, valley, or inlet. The enemy is always very close, the sounds of shrapnel and thud of artillery create a hellish sonic micro-climate, and the freshly dug cemeteries are never far off. The scenes feel both intimate and comprehensive, in a way that histories of Somme or Verdun can never be.

This text is recommended for readers who want to understand why such a massive undertaking seemed so poorly thought through and how victory was almost snatched from the jaws of defeat by the unyielding heroism of the average ANZAC. Read it to renew your appreciation for the military genius and iron willpower of the Ottoman commander, Mustafa Kemal – a figure whose obvious talent and ambition mark him out for even greater deeds after the War. Read it because it’s a crackling good yarn and a minor masterpiece of the genre.

Lieutenant Junior Grade Halton is assigned to the Joint Improvised Threat Defeat Agency. He served as an enlisted intelligence specialist before commissioning as an Intelligence Officer through the STA-21 program. He has written about cyber security and the effects of big data on intelligence analysis for Proceedings magazine. The views above are the authors and do not represent those of the US Navy or the US Department of Defense.