The Global Maritime Security and the Japan‐U.S. Alliance Report of the Study Project Challenges and Prospects of Japan‐U.S. Cooperation in Non‐Traditional Security: Focusing on Anti‐Piracy Cooperation May 2010 Supported by The Japan Foundation Center for Global Partnership (CGP) Published by The Japan Forum on International Relations (JFIR) Table of Contents Preface..………….……………………………………………………………………………………1 Executive Summary.…………………………………………………………………………………3 Part I: Promoting Japan‐U.S. Cooperation Chapter 1 The Establishment of U.S.‐Japan Comprehensive Approaches to Counter‐Piracy……………...7 Chapter 2 Safety and Security in the Malacca Straits: The Limits of Collaboration…………………………18 Part II: Lessons and Challenges of Counter Piracy Chapter 3 The Challenge of the Jolly Roger: Industry Perspectives on Piracy………………………………39 Chapter 4 Dangerous Sea Areas Where Many Cases of Piracy Take Place…………………………………...54 Chapter 5 Japan’s Role in Strengthening Maritime Security in Southeast Asia………………………………63 Part III: Counter Piracy and the Japan‐U. S. Alliance Chapter 6 Japan’s Counter‐Piracy Policy and The U.S.‐Japan Partnership……………………………………77 Chapter 7 United States Strategic Interests and Cooperative Activities in Maritime Southeast Asia………85 Chapter 8 Fusing U.S’s New Maritime Strategy & Japan’s Maritime Defense Strategy…………………….103 Appendix Contributors………..………….……………………………………………………………………………………120 Secretariat………..………….………………………………………………………………………………………122 Introduction to JFIR……………………………………………………………………………………………...123 Preface In the wake of the Cold War period, globalization and the information revolution have widened the areas of security, where diverse range of issues, including terrorism, pandemics, climate change and environmental destruction, have emerged as new threats, known as non‐traditional security issues. Especially, piracy has now become a global problem that requires global effort to counter. In light of the events of September 11 and the subsequent global war on terror, piracy can no longer be considered just a criminal matter. It is now a part of the national security threat. With our economy deeply integrated within the international community, it is imperative that peace on oceans is secured to guarantee uninterrupted trading. Under the banner of the Japan‐US partnership, both countries should deploy multiple approaches involving different instruments of power to control this threat of piracy. Both Japanese and US governments should, through their active presence, enhance the safety of commercial maritime routes and international navigation along the Malacca Straits and also off the Horn of Africa and enhance the global maritime security. With this awareness in mind, the Japan‐U.S. joint research project entitled “Challenges and Prospects of Japan‐U.S. Cooperation in Non‐Traditional Security: Focusing on Anti‐Piracy Cooperation” was launched in April 2009 by the Japan Forum on International Relations (JFIR) with the support of the Center for Global Partnership (CGP) of the Japan Foundation, which was completed on 30 August, 2010. The Japanese and the U.S. research teams of this project were comprised of the following: The Japanese Research Team Leader: ITO Go Members: KANEDA Hideaki KOTANI Tetsuo YAMADA Yoshihiko Secretariat: YANO Takuya The U.S. Research Team Leader: Sheldon W. SIMON Members: John BRADFORD James MANICOM Neil QUARTARO Secretariat: Tim COOK The Japanese research team was set up to conduct this project on April 8, 2009, and held the first meeting on June 8, 2009. The It held the second meeting On August 4, 2009, with participation of Ms. Raelyn CAMPBELL, then Senior Project Director, The National Bureau of Asian Research(NBR), who was in charge of this project on the U.S. side 1 (Later, Tim COOK, Project Director, Political and Security Affairs, NBR, succeeded Ms. CAMBELL as officer in charge of this project. ) . Then Prof. ITO Go who heads the Japanese team visited Washington D.C. from 23 to 28 of August, and had a meeting with U.S. Study Team at the office of NBR. On the other hand, the members of the U.S. research teams had many occasions to meet and exchange views among themselves in the U.S. on the Japan‐U.S. Alliance and its role in counter‐piracy as international public‐goods. As the culmination of this project, “International Workshop” was held on May 13, 2010, which was followed by “Open Symposium” “Japan‐U.S. Dialogue: Promoting Japan‐U.S. Cooperation in Non‐Traditional Security: the Case of Counter Piracy” on May 14, 2010, in Tokyo, where members of the Japanese and U.S. research teams jointly presented their views on how the Japan‐U.S. alliance could contribute jointly to addressing piracy, as well as to enhance international maritime security cooperation. It was organized as a panel discussion with 10 members from each of the Japan and U.S. Study Teams, including Professor of Meiji University ITO GO and Professor of Arizona State University Sheldon W. SIMON, and also joined by 81 participants from the public at large. The further details are available on the website of the GFJ. (http://www.gfj.jp/jpn/dialogue/36/main.pdf) It is my pleasure to hereby present this Report of the Japan‐U.S. joint research project entitled “Challenges and Prospects of Japan‐U.S. Cooperation in Non‐Traditional Security: Focusing on Anti‐Piracy Cooperation.” Upon publication, I would like to thank Prof. ITO Go, Leader of the Japanese Team, and Prof. Sheldon W. SIMON, Leader of the American Team, for their initiatives and contributions to this research project. I would like to thank CGP for supporting this project. It goes without saying that without their support, this project could not have been possible. August 30, 2010 ITO Kenichi President, JFIR 2 Executive Summary This project was launched right after the June, 2009 passage as well as the July, 2009 enactment of the “Law Concerning Punishments and Counter‐Measures against Acts of Piracy (hereafter the Counter‐Piracy Law).” While the fundamental agenda in any counter‐piracy measures has been how coastal states can make their efforts to lessen the number of piracies, this project, funded by Japan Foundation’s Center for Global Partnership, aimed to couple possible contributions made by both the Japanese and the U.S. governments with the established counter‐measures of the coastal states. It had the following three purposes First, it sought to look for the ways in which not only coastal states but rather ship owners and crews can assure the innocent passage of ships. Second, for this purpose, this project looked for the possibilities of joint contributions by the Japanese and the U.S. governments. Finally, regarding the geographical areas, this project thought of widening the Japan‐U.S. joint counter‐piracy contributions in the high sea as well. That is, given the widening of piracies in the high sea beyond the eastern areas of Somalia’s Gulf of Aden, this project thought of the possibilities of Japan’s making more global contributions. In this year‐long project, the Japanese team consisted of four distinguished fellows, all of whom have conducted a variety of researches on security cooperation between Japan and the United States, and their application to anti‐piracy issues. In conducting the project, we identified three stages. The first was to secure the safety of maritime transportation, including those of civilian ships. These topics come approximately under the jurisdiction of the Ministry of Land, Infrastructure, Transport and Tourism (MLIT) of Japan and the Japan Coast Guard. Prof. Yoshihiko YAMADA focused on this issue, referring to his past experiences as the director at the Nippon Foundation in charge of maritime security. The second was to extend the geographical scope of the activities of the first agenda to the global outreach, and to coordinate concomitant diplomatic relations with other countries concerned. This comes approximately under the jurisdiction of the Ministry of Foreign Affairs (MOFA) of Japan, and Dr. Tetsuo KOTANI worked on these 3 activities, and conducted a survey on the prospects of policy shift in Japan’s maritime security, after the recent change of Japan’s administration. The third was to take actions against heavily‐armed adversaries in practicing the maritime security activities. This comes approximately under the jurisdiction of the Ministry of Defense (MOD) of Japan. Retired Admiral Hideaki KANEDA focused on this section, namely, Japan’s maritime security with a view to the role of the military as well as the Japan‐U.S. alliance. In his paper, he paid due attention to the U.S.‐Japan “Global Maritime Partnership.” The final role as the research team leader was to direct and coordinate researches of each of the Japanese Research Team members, in accordance with the overall research scheme of this project agreed upon with the American research team. I, Go Ito, worked on the redefinition of Japan’s alliance with the United States in the sense that the alliance has had dual phases: one for the security of Japan and the Far East, and the other for the enlargement of U.S.‐Japan cooperation on non‐traditional security issues like counter‐piracy. Thus, I sought to contain the possibility of Japan’s greater roles in the global society under the banner of the U.S.‐Japan partnership. Statistically speaking, the percentage of a ship inflicted by piracy has been 0.005%, that is, one out of 20,000 trips. That is, for ship owners and crews, the most convenient method, when they are caught by pirates, has been to pay ransom to them, and to have their ships returned. However, the lack of having incentives on the part of ship owners and crews toward the countermeasures will invite the relentless increase in piracy, which implies that piracy can be a “low‐risk, high‐return business.” Therefore, this project looked for several methods of how the coastal states and ship owners can cooperate together for the entire reduction in piracy. In the final international workshop and symposium, conducted on May 13 and 14, 2010, both the Japanese and the U.S. teams made lively discussions. They were exemplified by (1) what will be the effective punishments against pirates once they are caught, (2) whether we could find out the geographic division of labor between the United States and Japan regarding the counter‐piracy activities, and (3) how the stability of the high sea will be maintained, that is, to what extent can powerful countries can be a benign power in the public sea area. As a consequence of intensive discussions, following five points have been agreed between the Japanese and US teams. (a) Anti‐piracy measures should be taken at 4 the governmental levels as well as at the private levels. Private companies have little motivation to deal with pirates but to run away. This is because they will be compensated by insurance companies when they are damaged by pirates. (b) Theoretically, the most effective way for preventing piracies off the coast of Somalia is the blockage of the Gulf Aden. In reality, however, sovereign states over the Gulf make it difficult for countries concerning the piracies in the region to carry out this countermeasure. (c) Japan‐U.S. alliance has developed globally after the end of the Cold War. When thinking about counter piracy measures, in the same way, Japan and U.S. need to cooperate in context of such a global perspective. (d) Pirates off the coast of Somalia are heavily armored. This means countermeasures taken against pirates in Malacca Straits do not hold water on its own for rovers off the coast of Somalia. (e) The number of pirates has been increasing in the South China Sea. Although Japan and U.S. need to work with China as well, it is unclear whether or not China will move in step with its counterparts. Moreover, the audience, whose background was quite varied, asked such questions as the division of responsibilities between governments and private ship owners/crews regarding the counter‐measures, the balance between state sovereignty and the maritime security, a combination of carrot‐and‐stick methods in the actual counter‐measure implementation, and so forth. Given the “low cost, high return business” nature of piracy, our discussions were focused on how the more stable international environment can be created where poor fishermen do not have to play as pirates, and on how costal states can have the “cost” part of piracy raised so that there will be much less incentives for pirates to become rogue in their originally working place. Lastly, but not least, as the team leader of the Japanese side, I would like to convey the greatest thanks to the Japan Foundation for its financial contributions to this project. Without their support, the project could not have been completed. By ITO Go, Japanese Project Team Leader 5 Part I: Promoting Japan‐U.S. Cooperation Chapter 1 The Establishment of U.S.‐Japan Comprehensive Approaches to Counter‐Piracy ITO Go Professor, Meiji University This paper first points out the need of multiple approaches with which both the Japanese and the U.S. governments should control threats of piracy. Secondly, the paper introduces several mechanisms for combat piracy, which is being used or under consideration in the Gulf of Aden (GOA). Thirdly, it argues that the international community should extend to the GOA and Somali waters the lessons from Southeast Asia in the practice of counter piracy. I. Counter‐Piracy and Japan’s Relations with the United States Piracy is a global problem that requires global effort to counter. In light of the events of September 11 and the subsequent Global War on Terrorism, piracy can no longer be considered just as a criminal matter. Due to its growing partnership with terrorism, it is now a national security threat. With the global economy deeply integrated with each other, it is imperative that security on oceans remains undeniable in order to provide uninterrupted trade routes and secure access. Under the banner of the U.S.‐Japan partnership, both governments recognize that there will be no one answer to fighting piracy, and realize that it will need to use multiple approaches involving different instruments of power to control this threat. For these reasons, both governments must develop a multi‐faceted comprehensive counter‐piracy policy that coordinates its international efforts along with its inter‐agency efforts.1 Both governments should, through their active presence, enhance the safety of commercial maritime routes and international navigation along the Maracca Straits and also off the Horn of Africa. They will assume a high visible profile, conducting surveillance tasks and providing protection to deter and suppress piracy and armed robbery. The utility and flexibility of the 1 A variety of approaches have been pointed out in the webpage of Japan’s Foreign Ministry. www.mofa.go.jp/mofaj (accessed various times during 2009). 7 counter‐piracy system, if successfully constructed, will clearly demonstrate the importance of the bilateral and multilateral cooperation on issue of counter‐piracy, and will also become the proto‐type of the international maritime cooperation. II. Mechanisms for Combating Piracy A range of options exists for combating maritime piracy, but experts stress that most of the current tactics are defensive in nature, and do not address the state instability that allows piracy to flourish. The mechanisms used or under consideration in the most prevalent piracy area, the Gulf of Aden, can be classified as follows: (1) Onboard deterrents: Individual ships have adopted different onboard deterrents. Some use rudimentary measures such as fire hoses, deck patrols, or even carpet tacks to repel pirates. Others use a nonlethal electric screen with a loudspeaker system that emits a pitch so painful it keeps pirates away. Most do not arm their crews, both because ship workers tend to be unskilled and because many do not want to carry weapons, fearing that pirates will target them if they are armed. Those ships willing to spend more to protect their cargo employ private security guards onboard, though such guards have a mixed record of piracy deterrence. Inreality, this option is unrealistic because the average percentage of being victimized by piracy has been less than 0.01, which can be covered by insurance. (2) Naval deployments: By January 2009, an estimated thirty ships were patrolling an area of about 2.5 million square miles. More than a dozen countries‐‐including Russia, France, the United Kingdom, India, China, and the United States‐‐had sent warships to the Gulf of Aden to deter pirates. There were also two multinational anti‐piracy patrols in the area: the European Unionʹs military operation, which began in December 2008; and a multinational contingent, known as Combined Task Force 150, which was originally tasked with counterterrorism efforts off the Horn of Africa. The success with which the navies in the Gulf of Aden have deterred attacks is unclear. By some measures, pirates are finding it harder to hijack ships: The number of successful attacks has been reduced by roughly half since the patrols began, and there was a six‐month lull in successful attacks in the Gulf of Aden from July until the end of 2009. Still, piracy attacks in 2009 were nearly double the number in 2008, and pirates successfully hijacked four ships in a single week at the start of 2010. 8
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