Contemporary Maritime Piracy: International Law, Strategy, and Diplomacy at Sea PDF
Preview Contemporary Maritime Piracy: International Law, Strategy, and Diplomacy at Sea
Contemporary Maritime Piracy Recent Titles in Contemporary Military, Strategic, and Security Issues Energy Security Challenges for the 21st Century: A Reference Handbook Gal Luft and Anne Korin, editors An Introduction to Military Ethics: A Reference Handbook Bill Rhodes War and Children: A Reference Handbook Kendra E. Dupuy and Krijn Peters Military Justice: A Guide to the Issues Lawrence J. Morris Military Space Power: A Guide to the Issues Wilson W. S. Wong and James Fergusson American Missile Defense: A Guide to the Issues Victoria Samson Private Armed Forces and Global Security: A Guide to the Issues Carlos Ortiz Women in the United States Armed Forces: A Guide to the Issues Darlene M. Iskra War Crimes, Genocide, and the Law: A Guide to the Issues Arnold Krammer NATO: A Guide to the Issues Brian J. Collins Geopolitics: A Guide to the Issues Bert Chapman Strategic Communication: Origins, Concepts, and Current Debates Christopher Paul Contemporary Maritime Piracy International Law, Strategy, and Diplomacy at Sea James Kraska Foreword by Brian Wilson Contemporary Military, Strategic, and Security Issues Copyright 2011 by James Kraska All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except for the inclusion of brief quotations in a review, without prior permission in writing from the publisher. Library of Congress Cataloging-in-Publication Data Kraska, James. Contemporary maritime piracy : international law, strategy, and diplomacy at sea / James Kraska ; foreword by Brian Wilson. p. cm. — (Contemporary military, strategic, and security issues) Includes bibliographical references and index. ISBN 978-0-313-38724-1 (hardback : acid-free paper) — ISBN 978-0-313-38725-8 (ebook) 1. Piracy—Southeast Asia. 2. Piracy—Africa, East. 3. International criminal law. I. Title. II. Series. K5277.K73 2011 345'.0264—dc22 2011008005 ISBN: 978-0-313-38724-1 EISBN: 978-0-313-38725-8 15 14 13 12 11 1 2 3 4 5 This book is also available on the World Wide Web as an eBook. Visit www.abc-clio.com for details. Praeger An Imprint of ABC-CLIO, LLC ABC-CLIO, LLC 130 Cremona Drive, P.O. Box 1911 Santa Barbara, California 93116-1911 This book is printed on acid-free paper Manufactured in the United States of America For my wife This page intentionally left blank Contents Foreword by Brian Wilson ix Acknowledgments xiii Abbreviations xix Introduction The Oceans and the Genealogy of Piracy 1 Chapter 1 From Antiquity to the Golden Age 10 Chapter 2 Contemporary Piracy in Southeast Asia and East Africa 35 Chapter 3 Maritime Sector Responses 59 Chapter 4 Naval Strategy and Policy 77 Chapter 5 International Law 105 Chapter 6 Diplomacy 143 Chapter 7 International Criminal Prosecution 168 Appendix—Primary Documents 183 United Nations Convention on the Law of the Sea (1982) 185 Convention on the High Seas 1958 189 Guidance to Shipowners and Ship Operators, MSC.1/Circ.1334 192 Recommendations to Governments, MSC.1/Circ.1333 202 National Strategy for Maritime Security 211 U.S. Piracy Policy 218 UN Security Council Resolution 1816, The Situation in Somalia 223 UN Security Council Resolution 1838, The Situation in Somalia 225 viii Contents UN Security Council Resolution 1846, The Situation in Somalia 226 UN Security Council Resolution 1851, The Situation in Somalia 228 UN Security Council Resolution 1897, The Situation in Somalia 231 UN Security Council Resolution 1918, The Situation in Somalia 233 UN Security Council Resolution 1950, The Situation in Somalia 235 Regional Cooperation Agreement on Combating Piracy (ReCAAP) 236 Arab-East African Djibouti Code of Conduct 239 Index 243 Foreword A t any given time, more than a dozen ships and their crews are under the control of pirates, being held for ransom. Most of the victims will be released, but some will suffer torture and all will be emotionally scarred by the ex- perience. The devastating impact of piracy on mariners and their families has, unfortunately, been a hallmark of this timeless and quite resilient crime. For more than 2,000 years, piracy has existed wherever there is maritime commerce and a lack of security, ranging from mere nuisance to destabilizing threats. With two decades of maritime security experience, Commander Kraska is uniquely qualifi ed to examine piracy. I had the pleasure of working with him in the Pentagon from 2004 through 2008, when U.S. government piracy policy was being developed, along with maritime security initiatives (in mul- tinational venues) that sought to increase legal authorities and partnering capabilities. As the oceans policy advisor for the Director of Strategic Plans and Policy on the Joint Staff, Commander Kraska had a leading role in efforts that improved the ability of the U.S. armed forces to more effectively respond to illicit maritime activity. P iracy directly affects only a small percentage of international shipping, but indirectly the crime impacts thousands of vessels through increased insur- ance premiums and changed trade routes. Satisfying the demands of pirates has historically resulted in payment of billions of dollars in tribute and ransom, and this money provides support to illicit organized crime syndicates. Ran- soms have been paid, in part, because doing so has been expeditious and ap- pears to be cost benefi cial. This shortsighted approach, however, has enabled piracy to continue, and at times thrive, for generations. The methods of pirates and the responses from states date to the Greek and Roman Empires, as well as to the early United States, and they have relevance today. For three centuries, the Barbary corsairs pillaged the North
The list of books you might like
