Feral Jundi

Monday, November 8, 2010

Publications: Corsairs In The Crosshairs–A Strategic Plan To Eliminate Modern Day Piracy, By Alexandra Schwartz

Corsairs in the Crosshairs: A Strategic Plan To Eliminate Modern Day Piracy, By Alexandra Schwartz

Letter Of Marque: A Review Of Corsairs In the Crosshairs

     This note proposes that the solution to the rapidly escalating problem of piracy is for the U.S. government to issue the license equivalent of historical letters of marque to private actors, thereby granting them increased legal immunity and political approval to use force to protect private vessels against piracy.  Letters of marque were legal commissions granted by Congress to private citizens granting them cover to engage enemies of the country.  At the same time, it is important for the U.S. to regulate the forces that they sanction and this note will discuss the current state of such regulation. The legal background of authority to address pirates, emanating from customary, international, and municipal law demonstrates that, despite some potential hurdles, this proposed solution is a legally valid and efficient option. -Alexandra Schwartz from Corsairs in the Crosshairs

     David Isenberg was the one that found this gem of a paper and a big hat tip to him. As you can see in the post above, I have also downloaded a copy into Scribd so you can read the whole thing. This post will be dedicated to some of the highlights of the paper that jumped out at me.

    Specifically, I really liked the various legal mechanisms that Alexandra dug up and I learned some new stuff. If you are interested in the legal side of privatized anti-piracy operations, then this paper is for you.

     There are a few areas that I wanted to put up for the reader to check out and note. One is the 1819 US Law titled ‘Resistance of Pirates by Merchant Vessels’.  Like with the Letter of Marque, this little guy exists in the books as a vigorous means of defense that even involves capture if need be. Here it is:

     The commander and crew of any merchant vessel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and capture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States. -33 U.S.C. § 383 (2000)

     The next area was in regards to the Declaration of Paris. Alexandra only confirms exactly what I have been repeating here. That the US did not sign the DoP, and that we even signed laws at that time that further enforced our right as a nation to issue LoM’s. She mentioned this law, and I had never heard of it before. Check it out:

     Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all domestic and foreign wars the President of the United States is authorized to issue to private armed vessels of the United States, commissions, or letters of marque and general reprisal in such forms as he shall think proper, and under the seal of the United States, and make all needful rules and regulations for the government and conduct thereof, and for the adjudication That the authority conferred by this act shall cease and terminatethree years from the passage of this act. -An Act concerning Letters of Marque Prizes, and Prize Goods, ch. LXXXV, 12 Stat. 758 (1863) (This act was passed on Mar. 3, 1863, and provided that the authority it conferred would “cease and terminate” three years after its passage). 

     Alexandra also covers some of the particulars of a modern version of a Letter of Marque, and draws from a certain publication written by Robert P. DeWitte called ‘Let Privateers Marque Terrorism: A Proposal for a Reawakening’. So I will have to further research what he has to offer and get that up on blog as well. Check it out and let me know what you think. –Matt

Link to Scribd Publication here.

Edit: 11/09/2010- I wanted to add this one little piece for everyone to check out as well. The author here claimed the Spain and Britain both did not abide by the Declaration of Paris. I had never heard of Britain’s use of Prize Courts and paying prize money to folks to attack the enemy during WW 2. I am definitely trying to find out more about this.

Quote from Corsairs in the Crosshairs:

Moreover, even if one were to argue that the Declaration of Paris has become customary law, it is important to observe that many countries that signed it have continued the practice of issuing letters of marque in the modern era.

See Jacob W.F. Sundberg, Piracy: Air and Sea, 20 DEPAUL L. REV. 337, 353 (1971) (“Even after Spain, in 1908, had acceded to the Declaration of Paris of 1856 which outlawed privateering in naval war between parties to the treaty, the opinion was advanced that it is perfectly possible under general international law to issue letters of marque.”). The British navy utilized prize money to reward those who fought for them in World War II, with the British Prize Court in London awarding about $40 million dollars. Id. at 354. 

Tuesday, November 2, 2010

Maritime Security: Anti-piracy Measures For Sale In Hamburg, Germany

     A recent survey of 110 German shipping companies by PWC (formerly PriceWaterhouse Coopers) found that 12 used private security agencies in some capacity. Ruetten believes this is not nearly enough, and that too many companies rely on improvised defense measures like strapping mannequins to strategic positions on deck to make a ship look like it is being guarded. 

     I found this article over at Deutsche Welle. It gave a good run down of the German maritime security market and how they view PSC’s in the Gulf of Aden. The quote up top was really interesting, but as per usual, they have some folks here giving some very bad advice about the realities of the high seas.

    Max Johns, spokesman for the Association of German Ship-owners is wrong on one of his points he brought up as well. The private security team he is referring to, was not armed and had no means of protecting themselves or the boat other than with the pathetic less than lethal crap they had. So his point that PSC’s are a bad idea because they are not dependable is wrong.

     Unarmed PSC’s are a bad idea, and I am sure if these folks had a means to defend themselves and the crew, the outcome would have been far different. It is dorks like this spokesman who continue to promote this myth that less than lethal is an appropriate defense against pirates armed with RPG’s, PKM’s and AK 47’s. It is this same myth that creates this mindset that companies should just roll the dice, or pay the ransom if their vessel is taken. Meanwhile, every ransom paid just increases the size of the piracy problem. It is a simple equation–paying ransoms fuels piracy.

     And those PSC companies that continue to tell shipping companies that being unarmed in those waters is a good idea, are equally to blame. It’s as if you are selling a company on the idea that you can magically protect them without using lethal force.  Your strategies might work for some cases, but they will not cover the instances where a pirate force actually understands how to defeat your less than lethal measures (like using binoculars to tell if you have mannequins on the deck) and/or evasive maneuvers (ransom money allows investments in faster boats).

     Just wait until pirates start coming aboard with cutting torches or shaped charges to open the doors of safe rooms or bridges/engineer rooms? Or when they start contracting captains and crews that know how to command these ships? The pirate is not dumb and they are learning and evolving as their industry is fueled by the profits gained by ransoms.

     The point is, losing control of your ship is ‘losing control of your ship’. Having armed and competent security on a ship will at least give the crew and captain a fighting chance. Having a strong defense is also a crucial element in taking care of your people, which I would certainly hope a captain or the owner of a company would actually care about?

    As for the German company IBS mentioned, I haven’t a clue as to who they are or what they are all about. If any of my German readers have anything to add, feel free to comment below. –Matt

Anti-piracy measures for sale in Hamburg

By Ben Knight

October 25, 2010

The hijacking of two ships over the weekend highlights the difficulties Western navies face combating piracy off the coast of Somalia. Many shipping lines are turning to private security firms for protection.

When it comes to global shipping, there is no avoiding the Gulf of Aden, which leads between the failed state of Somalia and Yemen – a nation security analysts describe as at-risk. These waters carry a significant share of the world’s wealth, including 11 percent of the world’s seaborne oil.

The 25,000 cargo ships that pass through the Gulf of Aden every year are tempting targets for heavily armed groups in Somalia, who claim overfishing by foreign vessels has robbed them of their livelihoods.

Earlier this year the International Maritime Bureau warned that attacks on merchant shipping are on the rise. European defense officials say Somali pirates are currently holding 20 ships and more than 400 crew for ransom off the Horn of Africa.

(more…)

Wednesday, October 27, 2010

Maritime Security: US Firm ESPADA Services Provides Armed Escorts To Curb Pirate Attacks, Somalia

Abdinoor, chief executive officer of African Shipping Line, Espada’s local agentEspada has 14 vessels with armed personnel who will offer security from the East African ports to Yemen.

Most of the firm’s security team have military training and experience in defending ships, Mr Abdinoor said.

Espada has 50 personnel, and expects to increase this to 150 when physical escort along the Somali waters takes ships in the coming months.

Interesting little bit of news there and below I have provided their career section page with an email to send a resume too. Although I am sure they have tons of guys already on the books but still, it doesn’t hurt to get your resume out there.  Hopefully they will pop up in the comments section like they have done in the past, and fill in any blanks or add any new information about this potential increase in jobs and size of contract. Good news to them and bravo for getting the job done! –Matt

ESPADA Logistics and Security Group website here.

African Shipping Lines website here.

Edit: 10/28/2010 – Jim was kind enough to come up in the comments section and correct the record of this article. It seems the numbers offered in the article are a little off. Check it out.

Matt,

While Espada has greatly expanded its security operations in the area….we do NOT have 14 vessels operating in the Indian Ocean. We have 3 vessels we use on charter when needed for special security projects (cable-layers, barges, heavy lift, etc). Also, we are NOT investing $50M in the region….only a fraction of that amount. We have partnered with African Shipping Lines for regional support…but need to have better coordination on any press releases so that facts are accurately communicated. Reputation is everything and I would rather under report what we are doing than exaggerate our position. We have worked very hard to get where we are by delivering to customers what we say we can…not by puffing smoke.

You are correct that we have a large pool of talent waiting for open positions. However, I would still encourage QUALIFIED MARSEC personnel to apply through our website as we are expanding rapidly to meet new contract demands.

As always, I am available for further clarification and discussion.

– Jim Jorrie CEO, Espada Marine Services

Edit: 06/09/2011- At this time, Feral Jundi does not endorse this company.  I have received multiple negative reports from contractors that have worked for this company, and I am not at all impressed with the way they are operating. Buyer beware….Feel free to email me if you have any questions. Also please check out this thread on SOCNET about Espada.

US security firm provides armed escort to curb pirate attacks

By GITHUA KIHARA and GALGALO BOCHA

Wednesday, October 27 2010

A private US security firm is working with a Mombasa-based shipping line to provide armed escort to ships using the East Coast of Africa in a bid to order to reduce piracy along Somalia’s coast.

Espada Logistics and Security Group, based in San Antonio, Texas, plans to invest up to $50 million to boost its vessels, which will be deployed in East Africa to escort vessels from the ports of Mombasa and Dar es Salaam to Yemen.

Ships are currently avoiding the Somalia waters and are taking a longer route, said Mr Ibrahim Ahmed Abdinoor, chief executive officer of African Shipping Line, Espada’s local agentEspada has 14 vessels with armed personnel who will offer security from the East African ports to Yemen.

Most of the firm’s security team have military training and experience in defending ships, Mr Abdinoor said.

Espada has 50 personnel, and expects to increase this to 150 when physical escort along the Somali waters takes ships in the coming months.

(more…)

Friday, October 8, 2010

Maritime Security: Ascot Underwriting Agrees To Join JLT’s Fight Against Somali Pirates

     Here is an update to the whole private navy thing. This is an important step to the process, and they are getting all their ‘ducks lined up in a row’. What these guys are waiting on now is for the British government to approve this. And get this, there might be a chance for an issuing of the Letter of Marque. It was discussed by some industry folks on that video I posted, and I am sure that conversation has been had elsewhere throughout this whole process?

     If this happens, this would be a very significant event in terms of the legal use of private industry for actions such as this. The historical significance would equally be awesome. Who knows and I will keep an eye out on this one. If anyone comes up with anything interesting, by all means let me know. –Matt

—————————————————————-

Ascot agrees to join JLT’s fight against Somali pirates

07-10-2010

By Sam Barker

£10m joint venture would create fleet of armed patrol boats

Lloyd’s insurer Ascot Underwriting is working with JLT on the broker’s plans for a private navy to protect ships against Somali pirates.

The £10m JLT proposals would create a fleet of around 20 armed patrol boats to protect ships from Somali pirates. Ascot has proposed to underwrite the shipping escorted by the JLT private navy.

Ascot underwriter for marine hull Andrew Moulton said: “We have been working with JLT to provide a framework of potential insurance coverages in the event that the convoy escort programme receives support from the wider shipping community and, most importantly, gets the backing of EU Naval Force Somalia.”

(more…)

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