Tag Archives: piracy

How to Negotiate with Pirates

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

Low Tech – High Tech: The Dichotomy of Piracy Tactics and Threat Mitigation

Maritime security, specifically counter-piracy, has undergone an evolution. Spikes in piracy and changes in contemporary threat perception first introduced the ‘Generation One’ maritime security paradigm: the presence of armed guards and kinetic means to protect vessels, goods, and people at sea. Pushes by various groups and governments for increased regulation in this sector, however, quickly ushered ‘Generation Two’ onto the scene, marked by decreases in armed personnel along with rapid acquisition and deployment of high-tech equipment.

Increased reliance on technology increases vulnerabilities. The more components that exist in a system, the more chances the system has to break down or fail. Evaluating radio and satellite communications, vital for ship-to-shore and ship-to-ship communication creates a weak-link even in the most basic technology. Mostly unencrypted, these virtually open frequencies are susceptible to interception by hostile parties. Pirates, for example, can and do listen-in on radio communications, using gathered intelligence to plot ship courses and plan their attacks. They can wreak further havoc by interfering with communications, jamming signals, or even feeding misinformation. Thus, commercial maritime security has morphed from physical protection of assets to incorporate elements of signals intelligence, electronic, and cyber warfare.

More disturbing perhaps are reports of pirates, leveraging not only conventional communications, but Automatic Identification System (AIS) data to plan attacks. AIS, used for monitoring vessel movements, has now become an intelligence tool for pirates to locate and select targets. Unlike radar monitoring which requires sophisticated hardware and skill, AIS data is readily available online by a variety of commercial Geographic Information System (GIS) providers. Pirate planners, with standard computer and internet connection, or even just a smartphone, can view and monitor AIS connected vessels worldwide. They can then selectively evaluate potential targets, track their movements, and use gathered information to coordinate attacks. This exemplifies the double-edged sword that technology is: on one hand aiding safety and security, allowing precise positioning and geomapping of vessels to aid operators in their daily business and guide search-and-rescue teams should anything go wrong at sea. On the other hand, improvements in technology also open vulnerabilities that multiply risk, proliferating cheap hardware and valuable information to potential perpetrators.

AIS Data
AIS data indicating real-time vessel locations

 

Interestingly, pirates, just like terrorists, drug-runners, and other criminals, are simultaneously employing low-tech, low-fi solutions to overcome or circumvent high-tech defenses. They are enhancing the performance of engines and hulls; are insulating outboard motors in (mostly unsuccessful) attempts to hide from thermal-imaging cameras; and, are even observed wearing ear-muffs to mitigate effects of Long Range Acoustic Devices (better known as LRADs or Sound-cannons). Such synthesis of simple, yet outside-the-box creative tactics and low-tech equipment, which together are capable of overcoming expensive and sophisticated systems is today’s ‘Generation Three’ piracy/counter-piracy paradigm. It’s exemplified by the continuation of asymmetric threats in the maritime domain, the widening of the technological divide between attacker and defender, and the carry-over of the debate about technology’s ability to reduce risk at sea.

Although shiny kits and gizmos undoubtedly ease processes and enhance operators’ technical situation, experts must evaluate if employment of such sophisticated hardware, whether on a ship, offshore installation, or even in ports will genuinely reduce risk while operationally remaining within legal constraints. They must consider how technology can enhance security, how it can fail, how it can be defeated, and moreover how it can be exploited by potential assailants.

Maritime security planners must not only seek to develop innovative products and procedures to enhance safety in this ‘Generation Three’ paradigm, but must also apply ingenuity in fusing high and low-tech solutions to counter asymmetric maritime threats. They must consider borrowing successful land based tactics from counter-terrorism, counter-insurgency, and other low intensity conflict operations and find applications for their use in the maritime environment. On land, this blend of hardening assets in conventional ways, maintaining an innovative yet ‘low-tech-low-fi’ profile, and preempting perpetrators actions through better understanding the rules and tactics of their own game has proven triumphant. Replicating this strategy at sea will be a crucial key to piracy threat reduction.

Simon O. Williams is a maritime security analyst specializing in offshore installation and port security, Arctic maritime challenges, naval capabilities, and multinational cooperation. He previously worked in the American and European private sector and US government, but now contributes independent analysis to industry, media, and policymakers while pursuing an LL.M. in Law of the Sea from University of Tromsø, Norway.

The Shifting Center of Gravity for Piracy in Africa

Maritime Criminals in the Niger Delta
                       Maritime Criminals in the Niger Delta

The NGO Oceans Beyond Piracy recently updated their report, The Human Cost of Maritime Piracy, including data from 2012.  Discussing the impact piracy (or more accurately, “maritime crime”) off Somalia or West Africa has had on merchant seaman, the report has received much exposure from the press by pointing out that in 2012 more pirate attacks occurred in West Africa than off Somalia.

The shift of piracy’s center of gravity from the east to west coast of Africa may shed light on more than just the current hotspots for maritime insecurity, but also demonstrate how commonly held assumptions regarding the impact state failure has on maritime security may be overstated or false.  For much of the last decade, the conventional wisdom has been that “failed states” or “ungoverned spaces” are breeding grounds for illicit activities like terrorism, drug trafficking, arms smuggling, and piracy.  However, academics like Stewart Patrick and Ken Menkhaus have argued that illicit actors may in fact find that “weak but functioning” states are more attractive environments to operate in than failed states, as weak states, despite their problems, have the necessary linkages into the global economic system that failed states lack, and that illicit actors need to be able to profit from their activities.

More importantly, it is much more difficult for external actors to interfere in the internal affairs of a weak state than a failed state.  Without a functioning government (excepting the self-declared states of Somaliland and Puntland), there has been nothing to stop foreign intervention in Somalia against terrorists or pirates (such as Ethiopian and Kenyan invasions, occasional raids against pirate camps by Western militaries, and an African Union-sponsored peacekeeping force).  In West Africa, meanwhile, much of the violence has been conducted within the territorial waters of Nigeria or its neighbors, and conducted by Nigeria-based gangs.  While the various Gulf of Guinea states are planning talks to hammer out the details of a regional counter-piracy strategy, it is unlikely that sovereignty-conscious states like Nigeria would be willing to accept outside intervention by Western navies in the region.  Ultimately, there is nothing stopping a foreign power from using military force against pirates in Somalia if they desire, but a similar course of action in Nigeria would be much more complicated by the fact that there is a functioning government in Nigeria, even with Abuja’s somewhat limited ability to assert its authority in the Niger Delta.

Lieutenant Commander Mark Munson is a Naval Intelligence officer currently serving on the OPNAV staff.  He has previously served at Naval Special Warfare Group FOUR, the Office of Naval Intelligence, and onboard USS Essex (LHD 2).  The views expressed are solely those of the author and do not reflect the official viewpoints or policies of the Department of Defense or the U.S. Government.

PS:  Oceans Beyond Piracy report is worth a read because it shifts the focus from the typical economic costs of piracy and whether the piracy in Somalia has hurt the bottom line of the maritime industry to the real victims, the poorly-paid merchant seamen who have truly borne the cost of maritime insecurity as piracy has exploded on both the east and west coasts of Africa.

From Fighting Piracy to Terrorism, the PMPF Saga Continues

The rise, fall, and rebirth of the Puntland Maritime Police Force (PMPF) is a bizarre and thrilling story that I have been following, to the point of obsession, for the last two years. As CIMSEC readers are surely aware, one is hard pressed to find a report on Somali piracy that does not advocate an onshore solution for this maritime crime.

PMPF marines and their expat-piloted Alouette III helicopter
    PMPF marines and their expat-piloted Alouette III helicopter

When it came to actually establishing security and rooting out pirate bases in the autonomous region of Puntland however, it was not NATO, the EU, the U.S, or U.K. that took the lead, but a South African private military company financed by the United Arab Emirates.

The PMPF has earned international praise for denying pirate gangs an onshore sanctuary and for rescuing hostage mariners, but has also been labeled an unaccountable private army by UN monitors. Despite international pressure, financial arrears, and pirate infiltration the PMPF and its South African mentors continue to march on. With piracy now largely eliminated, the marines appear to have engaged a new foe—the Islamist insurgents of al-Shabaab.

This, courtesy of Foreign Policy, is their story:

“The Wild West in East Africa” by James Bridger and Jay Bahadur.

Note: The views expressed are solely those of the authors and do not necessarily represent those of their governments, militaries, employers or the Center for International Maritime Security.