Feral Jundi

Thursday, May 13, 2010

Letter Of Marque: Call For Private Forces To Fight Pirates

   I found this article over at UPI and I thought it was pretty cool.  One of my goals here at FJ is to explore unique ideas and concepts, such as the Letter of Marque , and see where it ends up.

   This article below highlights several places out there where the idea is popping up, and I am hoping that some more critical thought will be put into this unique way of fighting wars.  You will also recognize many of the references in this article, because I have posted them here under the Letter of Marque category (feel free to use the search on the right, or click on the category on the right). I have no clue who wrote this article, and you can follow the link below and make any comments there. –Matt

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Call for private forces to fight pirates

May 10, 2010

MOGADISHU, Somalia, May 10 (UPI) — As Somali pirates extend their operation deeper into the Indian Ocean, Western private security firms are seeking to re-establish the centuries-old system of “letters of marque and reprisal” that allows privateers to pursue maritime marauders.

The system was introduced by King Edward III of England in the Middle Ages but it is also on U.S. statute books as Article One, paragraph 8, clauses 10 and 11, of the U.S. Constitution, and in Title 33 of the U.S. Code, paragraphs 385 and 386.

Maj. Theodore Richard, a lawyer in the Commercial Litigation Division of the U.S. Air Force, published a lengthy article in favor of reviving letters of marque in the Public Contract Law Journal in April.

On April 15, 2009, U.S. Rep. Ron Paul, R-Texas, advocated the use of letters of marque and reprisal against the Somali pirates. The bills he introduced weren’t passed.

Paul was instrumental in introducing the Marque and Reprisal Act of 2001 in Congress following the Sept. 11, 2001, attacks. He maintained the hijacking of U.S. airliners constituted air piracy and he wanted to grant the president the authority to issue letters of marque and reprisal against specific terrorists.

He raised the issue again on July 21, 2007, but Congress has made no move toward invoking the constitution to combat piracy.

Still, Intelligence Online, a Paris Web site that covers global security issues, reports that “several private security firms” are pressing for the U.S. government and other Western authorities to re-establish letters of marque.

These would sanction private companies to actively hunt down pirates rather than just provide security teams aboard commercial vessels. That would be in line with the wide-scale outsourcing of security missions to private security companies who are active in Iraq, Afghanistan and Pakistan in support of U.S. and allied forces.

Allowing armed privateers to combat piracy in the Gulf of Aden would supplement U.S. and European naval task forces off Somalia.

(more…)

Sunday, May 9, 2010

Somalia: Pirates Vs. Islamists–A Dispute Over Business

   Finally some reportage that gave some commonsense analysis on this latest move in Somalia.  Hizbul Islam are attacking pirate havens because they want to control the ports.  Shabab has their ports, and Hizbul Islam wants their ports.  It totally makes business sense, and strategic sense, if they want to capitalize on all the piracy related operations going on out there.

   Now what is interesting to me is how the media sucked into the spin that Hizbul Islam was trying to produce about their latest move.  That somehow what they were doing was righteous and piracy is an anti-islamic business. pffft. Whatever chews your khat. Bravo to Mr. Wadham for calling it like it is and getting the real story out.

   One final point.  We show sorrow and outrage over the tragedy in the Gulf of Mexico with the oil spill disaster there.  So my question is what happens when pirates take a chemical tanker (oops, that just happened) on behalf of an extremist group like al Shabab or Hizbul Islam, and they sink that thing or crash it into some western port? Will we then realize that assigning armed escorts to each boat/floating weapon system out there is something that should be required? Why must we wait for a disaster like this to happen, before we do something about it? –Matt

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Somali Pirates vs. Islamists: A Dispute Over Business

By Nick Wadhams/Nairobi

Friday, May. 07, 2010

Even by the jaded standards of the failed state of Somalia, this week’s news was enough to raise eyebrows: one of the country’s two competing Islamist factions, Hizbul Islam, stormed into the coastal city of Harardhere and drove out the pirates who have run amok in the waters off the Horn of Africa, wreaking havoc on global shipping and confounding the world’s navies.

“Piracy has become too much. It’s an anti-Islamic business, and we won’t accept it,” Hizbul Islam spokesman Sheik Mohamed Ali Abdinasr told TIME. “We want to bring law and order to that country of Somalia, and we want to show the good name of Somalis.”

But what may at first glance appear to be a showdown between two trends that have coexisted in relative peace in Somalia until now — piracy and Islamic radicalism — is actually a cunning power play for resources.

First, a bit of background. One of the best ways to thrive as a Somali businessman is to import just about anything — cars, food or clothing, for example. Very little gets produced in Somalia. And in the absence of central government authority, which collapsed 19 years ago, the best way for any armed group to finance itself is to control one of Somalia’s ports.

The Western-backed Transitional Federal Government gets much of its very limited revenue from the Mogadishu port, one of the few patches of Somali real estate over which it maintains control. Hizbul Islam’s capture of the pirate lair at Harardhere may have been motivated primarily by the fact that it was driven out of the southern port of Kismayo late last year by the al-Qaeda-linked al-Shabab militia. Experts say Hizbul Islam attacked Harardhere because it needed a new port to control.

“They lost their foothold in Kismayo when they fell out with Shabab,” says Roger Middleton, a piracy expert at the London-based Chatham House think tank. “Moving to Harardhere seems to me like a move to find some territory that they can control and to have a port in order to try to make some money.”

(more…)

Friday, May 7, 2010

Maritime Security: Seychelles To Establish Regional Court To Prosecute Pirates

Filed under: Legal News,Maritime Security — Matt @ 1:28 AM

This is great news and I hope they can establish a few other places to prosecute these guys. We must square away the legal process for dealing with pirates, and end this stupid ‘catch and release’ game we keep playing. I also think that we should put these pirates to work once they are convicted.

I am sure there are quite a few boats in these navies that are doing the job out there that need their hulls cleaned, and a bunch of former pirates scraping barnacles off of those ships all day long, year after year, would be a great use for that prisoner resource. Do something with them, because they definitely need to pay back society for taking the path that they have taken. Plus, these navies wouldn’t probably mind hanging out in the Seychelles for a bit (and diving…), while their boat gets worked on. –Matt

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Seychelles to Establish Regional Court to Prosecute Pirates

Michael Onyiego

06 May 2010

In an effort to combat piracy off of the East African coast, the United Nations Office of Drugs and Crime and the government of the Seychelles have announced the establishment of a regional center to prosecute suspected pirates on the tiny island nation.The establishment of the center will allow the European Union Naval Force Somalia, which patrols the Gulf of Aden, to transfer captured pirates to the Seychelles for prosecution. This is the second such institution of its kind, the first residing in Kenya. In addition to U.N. support, the new center will receive funding from the European Union, Australia, Canada and Germany aimed at strengthening the nation’s jurisdictional and procedural capacity to prosecute pirates arrested in the region.The European Union Naval Force Somalia and the Vienna-based U.N. Office of Drugs and Crime already operates a counter-piracy program based in the Seychelles which will train and assist the nation’s coast guard, police and prison officials to properly receive and detain suspects.Piracy has become a large problem for the small nation over the past year. Increased international patrols in piracy hot spots around East Africa and the Arabian Peninsula have forced pirates to operate farther afield. In March, Somali pirates hijacked a ship near Indian waters, more than 1,600 kilometers off the Somali coast, and pirates now regularly prey on shipping lanes near the Seychelles.The Seychelles began prosecuting piracy in March, when 11 pirates were arrested off its coast with assistance of the European Union. A further 11 pirates were transferred to Seychelles authorities after being captured by the French Navy near Somalia the same week.The country has amended its criminal code to allow its courts to prosecute suspected pirates under universal jurisdiction, and many hope the new institution will ease the burden currently placed on Kenya.But a Horn of Africa analyst for London-based think tank Chatham House, Roger Middleton, says the nation’s capacity is too small to solve the problem.”It is so tiny. It has got two courtrooms in the whole country and something incredible like 100 capacity in all of its prisons. It is really tiny, so it is only going to be able to deal with a very small amount of the pirates that are captured,” said Middleton. “There is a huge shortfall and western countries still do not want to take pirates home to deal with them, so they are going to have to find somebody else or other way of get them prosecuted. There are a lot of pirates out there, and no enormous amount of space to send them.”Pirates captured in the region are supposed to be prosecuted in Kenya. The government has separately agreed with the US, EU, Britain, Canada, Denmark and China to accept Somali pirates but in March the country refused to take any more, arguing that the burden should be equally shared among the international community.

Saturday, May 1, 2010

Maritime Security: Dutch Marine Helmet Cam Video–Taking On Somali Pirates!

Filed under: Maritime Security,Video — Tags: , , , — Matt @ 2:15 AM

Friday, April 30, 2010

Maritime Security: Piracy Rattles Japan To Open First Foreign Military Base In Djibouti

Filed under: Africa,Japan,Maritime Security — Tags: , , , , , — Matt @ 2:24 AM

   Interesting move, but as the last sentence in the article specifies, the pirates are completely going off the hunting reservation.  Now if the Japanese built a prison on their base to keep all of these pirates, now that would be something.  Then we can end this catch and release program once and for all.  I kind of doubt they would do that, but you never know? –Matt

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Piracy rattles Japan to open first foreign military base

By Emmanuel Goujon

April 24, 2010

DJIBOUTI — Japan is opening its first overseas army base in Djibouti, a small African state strategically located at the southern end of the Red Sea on the Gulf of Aden, to counter rising piracy in the region.

The 40-million-dollar base expected to be completed by early next year will strengthen international efforts to curb hijackings and vessel attacks by hordes of gunmen from the lawless Somalia.

The Djibouti base breaks new ground for Japan, which has had no standing army since World War II and cannot wage war. It however has armed forces — the Japan Self-Defence Forces — which were formed at the end of US occupation in 1952.

(more…)

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