The ongoing Somali piracy problem inthe Gulf of Aden and Indian Ocean raises a number of legal and military issuesabout how to deal with the problem. Dr. J. Peter Pham, director of the NelsonInstitute for International and Public Affairs at James Madison University, spoke to VOA about the causes and consequences of Somali piracy.
"Fundamentally,the piracy problem off the Somali coast arises out of the fundamental problemof statelessness on shore. There's not been an effective Somali governmentsince 1991. So, without effective governing on shore you're going to haveopportunities for criminals to engage in their enterprises with impunity," hesays.
However,Pham says that's just one part of the problem. "The ransoms being paid by theshipping companies are also part of the problem. On one hand, from a purelyeconomic point of view, it makes a great deal of sense if you have a cargo shipthat is worth at least $20 to $30 million, it stands to reason that paying thema million dollars to get it back is an economically rational decision.Unfortunately, what might be in the selfish, self-interest of a single shippingcompany contributes to a general climate where the price of ransoms are bid upand there's incentive for more people to get involved in this lawlessness," hesays.
Athird component to the problem is the military response. Many nations,including the United States, have sent ships to the Gulf of Aden to protectshipping lanes.
Phamsays, "Although the military response has focused attention on the piracyissue, perversely, it's made the problem more complicated. The militaryescorts?have certainly greatly ameliorated the piracy challenge in the Gulf ofAden?. On the other hand, as a result of that, the pirates have adapted and nowswitched their operations to the Somali basin in the western part of the IndianOcean. And unfortunately, there you have a far larger area and it's impossiblewith the military and naval resources on hand to fully patrol that area. That'swhy when the Maersk Alabama was taken the nearest vessel, the USS Bainbridge,was several hundred miles away."
Ina sense, there's a historical link between the USS Bainbridge and the MaerskAlabama incident. "There's a great irony in the fact that the vessel, the USSBainbridge, the destroyer on site, is the one it is. Commodore WilliamBainbridge was actually the hero of the two Barbary wars, along with StephenDecatur. And something tells me that he's probably rolling in his grave at thethought that a US destroyer has four pirates on a dingy without fuel and we'regoing into the second day of this without any resolute action," he says.
Askedif he sees a distinction between piracy and terrorism, he says, "I wouldargue?that piracy actually is?the original terrorism, the original crimeagainst humanity because it's a crime ultimately against civilization. Forcenturies, international law actually described pirates as?enemies of the humanrace because they, in essence, rebelled against the international system andpeaceful commerce. And certainly in the age in which we live today, thedisruptive effect of even the small number of successful pirate hijackings isstaggering."
Hesays history shows that a military response can be successful, such as actionstaken by the United States and other nations against pirates along the northernAfrican coast in the two Barbary wars.
"That,for 200 years, has been a deterrent factor. No US merchant ship has beensuccessfully hijacked by pirates," he says. He adds, however, "This timearound, if the pirates get away with having hijacked, even unsuccessfully, a USflag cargo ship, it sends a very strong signal of perhaps a lack of will,especially in the case of Somalia where we know where the pirates are. We evenknow where the leaders literally live because they've built huge mansions thatwere put up in the last 18 months because of the piracy ransoms and revenues theygained," he says.
Hesays four UN Security Council resolutions and agreements with the interimSomali government allow the use of force. "If we don't root out these nests ofpiracy or at least send a very strong signal, we will end up telegraphing is avery strong signal of weakness," he says.
Pham says that any military strikesagainst Somali pirates can be very selective, such as destroying the piratemother ships that launch speedboats or destroying the mansions built by thepirate leaders. He says before the mansions are destroyed, a warning should beissued telling occupants to leave, as Israel does in the Gaza Strip.