Feral Jundi

Monday, April 19, 2010

Somalia: Pirate Training, Swarm Tactics, And the Expansion Of Piracy Operations

     “I came here with my friends. They had a gun and were immediately recruited and joined companies. But I’ve never had a gun so, after a fairly long process, I was told to take part in training for a month and now I can join,” he told Reuters by phone from the coastal, pirate haven of Haradheere.

     The new 20-year-old recruit is just one of hundreds of youths in Haradheere desperate to sign up in the hope of earning a tiny slice of hijack ransoms worth millions of dollars.

     The steady stream of new recruits suggests that patrols by European Union warships since December 2008 to deter hijackings and arrest the seaborne gunmen have done little to dent the enthusiasm for piracy in the failed Horn of Africa nation.

*****

   Pirate training?  So now pirate training companies have popped up in order to help job seekers to get a position with the pirate companies? Boy, something has to be done in order to make this less attractive.  We can start by making it illegal to pay ransoms and we can also mandate that companies use security on their boats. This should be a start, but we have to do a lot more than that in order to destroy this industry.  Or at least make it highly unprofitable and risky for these clowns.

   As to the pirates themselves, the only thing I can come up with that makes sense is that you must create an industry to fight this industry.  The money from ransoms is what is driving the pirate industry, and the counter industry would be one that takes the pirate’s assets or one that bounties are given for each pirate that is captured or killed. But you need a legal system set up to prosecute these guys. As it stands now, all we have is a catch and release program or kill the bastards during their assault on the boat.  Pffft.

   Now we could continue with these massive naval shows of force, but if you remember, the new rules of war are now being exhibited quite well by the Somali pirates. Here they are:

Rule 1: “Many and Small” Beats “Few and Large.”–Pirates armed with AK’s and RPG’s, cruising in small motor boats versus destroyers, jets and aircraft carriers?

Rule 2: Finding Matters More Than Flanking. –Pirates hiding in captured friendly vessels, blending in with other civilian craft, in the massive expanse of the ocean.

Rule 3: Swarming Is the New Surging. –1000’s of pirates swarming on vessels, gambling that one or two will make it in for the take down.

   Not to mention that even a top admiral is saying that today’s navies cannot continue their operations indefinitely and that shipping should consider armed guards.  What happened to the Master and Commander music? lol

   Perhaps it is time to reconsider another strategy.  A hybrid strategy that involves private industry, and aggressive legal system to prosecute pirates, and the good work of professional navies.  If we did go down that path, the Letter of Marque will be an essential tool for governments.  I will end this with a quote below from the last LoM paper I posted.  Something to think about.-Matt

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This “Golden Age of Piracy” peaked around 1720 and reached an abrupt end in 1725. More than anyone else, the man responsible for bringing this age of piracy to an end was Woodes Rogers.

  In an early example of the “revolving door” between the private and public sector employment, Rogers was a privateer before being appointed  as the Governor of Bahamas, then the pirate capital of the Americas. In order to reform this territory, Rogers dispersed the pirates of the Caribbean with privateers.

  The piracy problem during this era was solved through a combination of tactics:

(1) the British Parliament passed legislation allowing overseas piracy trials, rather than requiring suspected pirates to be brought to England;

(2) captured pirates were publicly tried and executed;

(3) pirates who turned themselves in were pardoned;

(4) naval patrols were increased;

(5) rewards or bounties were promised for the capture of pirates; and

(6) private ships were licensed to attack and capture pirates.

  Of these methods, the last is the most relevant here.

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Somali pirate reach

Somalia pirates undaunted by navy patrols

By Mohamed AhmedFriday, April 16, 2010

MOGDISHU (Reuters) – Adam Shine waited months for the chance to join one of Somalia’s growth industries. He has now completed his training and is ready to use his boat-handling and global-positioning skills to hijack ships.

“I came here with my friends. They had a gun and were immediately recruited and joined companies. But I’ve never had a gun so, after a fairly long process, I was told to take part in training for a month and now I can join,” he told Reuters by phone from the coastal, pirate haven of Haradheere.

The new 20-year-old recruit is just one of hundreds of youths in Haradheere desperate to sign up in the hope of earning a tiny slice of hijack ransoms worth millions of dollars.

The steady stream of new recruits suggests that patrols by European Union warships since December 2008 to deter hijackings and arrest the seaborne gunmen have done little to dent the enthusiasm for piracy in the failed Horn of Africa nation.

(more…)

Sunday, April 18, 2010

Letter Of Marque: Reconsidering The Letter Of Marque–Utilizing Private Security Providers Against Piracy

   A big thanks to Cannoneer #4 for posting this in the comments of yesterday’s post on piracy. Other folks sent me the same link to this publication and I was very interested in what Theodore Richard had to say.  To say the least, I was impressed and this paper was well researched and footnoted. (as a good legal type paper should be)

   This was also published in a contract law journal, which tells me that the guy writing this believed it could survive the scrutiny of his peers.  This should be of particular interest to any legal specialists in other countries who would like a source to draw from for exploring how the LoM could help your nation.

   What surprised me is the listing of all the companies that were involved with maritime security in Somalia.  I learned a bunch, and he started out with Hart’s operations there.  Theodore talked about the various politics and financing issues that either contributed to the success or failure of these companies, and I found that to be very informative.

   The author also went over how a modern day LoM would look, and all the various uses for the LoM.  He does a great job in calling upon historical reference to support his modern day applications, and what kind of tweaking it would take to make it work.

   Probably my favorite part of the paper is the way he was able to confront the Max Weber argument, and define exactly how the LoM fits into that discussion.

   The other part of this paper that he goes over, that I continue to forget to talk about in my discussions about the LoM, is the license and bonding aspect of modern day privateering. The author uses the example of America’s modern day bail enforcement officers or ‘bounty hunters’, and discusses how this could be a model.  The point of a license is to ensure you know what you are doing, and bonding puts your money where your mouth is. In this case, a surety bond industry for privateers would be needed if the start up company did not have it’s own financing for such a thing. It would also depend upon what the congress wants, because they are the ones who issue the LoM, pay the bounties and run the Prize Courts.      Let me know what you guys think and check it out. –Matt

Edit: 5/31/2010 -David Isenberg posted a deal that discussed this paper and how the LoM could be used for today’s issues with piracy.  Check it out here.

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Reconsidering the Letter of Marque: Utilizing Private Security Providers Against Piracy

Theodore Richard

Public Contract Law Journal, Vol. 39, No. 3, pp. 411-464, Spring 2010

Abstract:

This article examines how letters of marque could be revived to effectively empower the private sector to assist governments in dealing with modern piracy. It examines Somali piracy, the development and different uses of letters of marque and privateers, the current legal framework relating to piracy, Somalia’s decade-long experience with maritime security contractors, the use of maritime contractors outside of Somalia, and addresses concerns involving private maritime security. The article concludes that unless governments provide security everywhere and all the time, the market will demand private security. Governments can effectively manage and control this security in the maritime environment without inventing a new legal scheme out of whole cloth: letters of marque can provide authorization, regulation, and accountability.

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(From the paper)

As privateering matured, privateers faced signi?cant regulations, including highly detailed and precise requirements for legal captures that were, in turn, subject to rigid enforcement in specialized prize courts.  Serious transgressions, like murder, rape, or mutiny, could result in imprisonment or death.

For example, a British privateer captain was executed for robbery constituting piracy in 1759. Improper privateer conduct resulted in the loss of the commission, the bond, and, if applicable, the prize. Thus most British and American privateers in the eighteen and nineteenth centuries were neither dishonorable nor piratical. Importantly privateers played a signi?cant role in ending piracy.

*****

 The western world’s “Golden Age of Piracy” began in 1715, following the 1713 Peace of Utrecht, which brought an end to a decade of European warfare involving all the continent’s major powers. The upsurge in piracy was caused by the unemployment of signi?cant numbers of sailors: the English navy alone discharged 54,000 sailors and privateers could no longer obtain commissions to attack European commerce. This “Golden Age of Piracy” peaked around 1720 and reached an abrupt end in 1725. More than anyone else, the man responsible for bringing this age of piracy to an end was Woodes Rogers.

  In an early example of the “revolving door” between the private and public sector employment, Rogers was a privateer before being appointed  as the Governor of Bahamas, then the pirate capital of the Americas. In order to reform this territory, Rogers dispersed the pirates of the Caribbean with privateers.

  The piracy problem during this era was solved through a combination of tactics:

(1) the British Parliament passed legislation allowing overseas piracy trials, rather than requiring suspected pirates to be brought to England;

(2) captured pirates were publicly tried and executed;

(3) pirates who turned themselves in were pardoned;

(4) naval patrols were increased;

(5) rewards or bounties were promised for the capture of pirates; and

(6) private ships were licensed to attack and capture pirates.

  Of these methods, the last is the most relevant here.

Link to paper here.

Sunday, March 28, 2010

Africa: The Anarchy Gravy Train

     What we are seeing is the decline of the classic African liberation movement and the proliferation of something else — something wilder, messier, more violent, and harder to wrap our heads around. If you’d like to call this war, fine. But what is spreading across Africa like a viral pandemic is actually just opportunistic, heavily armed banditry.

*****

   I was turned on to Mr. Gettleman’s stuff after doing a little searching around on all things Africa, and I am impressed with what he has reported on.  He seems to have a feel for what is really going on, and has boiled it down to it’s most basic root causes.  From Somalia to the Congo, it is all the same.  It is the Anarchy Gravy Train, and all of these seedy and despicable groups mentioned, all benefit from this chaos. They don’t want order, because it is a threat to their lively-hood.

   At best what I can determine from all of this, is that these groups have found a means of survival through terror. It not only feeds them but gets them anything they want….anything.  That’s pretty powerful, and these struggling governments who are dealing with these groups are having a hard time selling a better deal.  So these thugs look at government as a threat to their good deal and terror based businesses.

   It is the same with the current drug war, and you could easily say that the cartels only benefit from a weak government and weak borders.  Anarchy, or something close to anarchy, is a place in which enterprising criminals can really flourish.

   Look at Haiti right now, and that would be an excellent study for this concept.  With the earthquake came instant anarchy.  Infrastructure is destroyed, prisons crumble and convicts escape, and the government or any semblance of it is not able to protect or adequately help their people.  Crime increases, and business based on that anarchy increases.  Things like charging for shade under a tree, or selling child slaves, all because there is no one around to tell them that they can’t do that. That is what Africa is all about, and it is sad.

   So in a sea of chaos and anarchy, how do you establish order?  That is the million dollar question, and in Africa, it is a question that is continually pondered day in and day out, and with little success.

   From my point of view as a security professional and as an independent contractor or businessman, I could give some suggestions as to how to bring order to chaos.  Although my suggestions might not be the most politically correct solutions, they are none the less just ideas to think about.

   Business must be supported and protected by government.  I can’t stress enough how important business is to a government.  If you have the support of business, and you actually do things that increase business or brings a return on investment for the community, then I think countries in Africa will be able to do a better job at diminishing the power of these free ranging thugs. Telecommunications is a big one, and any effort of the government to promote that and get it out to the masses, will only help in other areas of commerce and governance. Educations and the promotion of innovation is another.  Anything a government can do, to stimulate business and get people occupied with that, as opposed to committing crimes or fighting each other, will help. It produces jobs, and increases the quality of living by bringing more cash into local economies.

   Security is the second area that needs to be a priority.  Governments must have adequate protection, and they must do all they can to protect it’s people.  If they have the resources to raise an army and police, then that is one way.  If they have the resources, but not the manpower, then using assistance of other countries or contracting a PMC would be another way.  Or the third way a country could protect itself and it’s people, is through the means of Letter of Marque and Reprisal.  To issue a LoM to individuals, and have them focused on taking the assets away from enemies of the state, and/or killing and capturing those enemies would be an excellent way of kick starting a government.  This is privateering, and governments could turn to this activity as a cost effective way of defeating it’s enemies and eradicating these free ranging thugs and rebel groups that we read about all the time.

   You could also use bounty hunting as a means to eradicate or capture these thugs.  If countries could contract the services of competent companies to do this task, then that would buy them the time necessary to raise a police or army.  And as the author pointed out below, once you take out the leaders of these roving bands of thugs, they tend to dissipate. Focusing the energies of a professional and competent company on the task of removing this threat, could be a real help in the over all effort of creating peace and stability within a country.

   My point with both of these activities, is that countries should have the right and means to contract with professional forces who could accomplish the task of destroying any threats to a government.  Especially in countries that are deemed failed states, or pretty damn close.  Or countries that are so overwhelmed that even their current forces at maximum levels, are unable to do the task (like in Mexico).

   The example of what I am talking about, is early America and our use of privateers in order to defeat the British on the high seas.  We did not have a sufficiently sized Continental Navy, and privateers was the answer.  Using mercenaries was our answer to manpower deficiencies during the Battle of Derne back during the Barbary Pirates days.(our very first foreign action as a young country) Or even look at the use of contractors today by the US–there are thousands of us working in the war. Why does the west continue to deny other countries whom they call friends, their right to defend self in such a way? Because currently, the means we are currently allowing countries to use, are pathetic.

   We say things like ‘only the UN is authorized to be in the Congo’.  And then what happens?  They fail miserably, and things get worse.  We say companies like Executive Outcomes are unjust and illegitimate, yet when they are contracted to help a government, like with Sierra Leone, they were successful. How about we put that choice in the hands of the governments of countries, and stop dictating what we think works or doesn’t work?

   Ideally it would be nice if all countries in Africa, had the ability to raise armies that were sufficiently organized and violent to deal with their threats.  Yet time and time again, governments fail to create such things.  The local populations are not able to produce recruits for these armies that are able to operate at an advanced level.  Education and health deficiencies are contributors.  Corruption in society and government is another deficiency.  There are a number of reasons why local males (or females) are not able to do the job.  Some countries are just decimated do to war or famine, and to say that they could raise armies that can do the job is a joke.  So where do they turn to, to get the strategic advantage?

   Well if you introduce a company with some capability, and mix that up with the best local troops a country can offer, hence creating a hybrid force that could do the job, then that would be one way.  Having a company do it all, or even another country do it all, would be another.  This is not rocket science, and with the unorganized thugs we are seeing in most of Africa, forces like what I am talking about and what Eeben brought to the table with EO, are the types of forces that would end this ‘anarchy gravy train’.

   The final component of destroying the anarchy gravy train, is international will.  The mandates that the UN has operated on, are terrible.  You must work to end wars, and that takes violence of action.  You do not send in peacekeepers to somehow bring stability during an active war.  The war must end, and that only happens after one side has broken the will of the other.  Or you destroy the leadership of that other side.  Only after the war has ended and the parties on both sides is exhausted, can you then begin to introduce peacekeepers.

   What instead should happen, is wars should be fought and ended as quickly as possible.  It takes extreme violence and strategy that far surpasses the other side, to make that happen.  It also takes political will, not only from the government, but of the countries of the world who are looking on.

   Just imagine if the UN was created back during the early days of America?  And the countries of the world decided to send the UN to the Americas, to stand in between the rebels and the British?  Do you think for a second, that the UN could accomplish that task?  If anything, colonial rebel forces would just attack and steal from the UN, much like they do now a days in places like Africa. Or because the UN is so ineffectual, they could just claim that they are a tool of the British, and then turn the UN into a target of the rebels–much like local forces do to the UN today. And as the UN mission fails in America, donors to the UN continue to question why it even exists, much like countries do now.  Pathetic really.

   To end this Anarchy Gravy Train in places like Africa, we need to start looking at ideas that work.  Ideas that have continued to be attacked because of misconceptions coming from the media or from those who stand to benefit from the Anarchy Gravy Train.  I will continue to offer the lessons of the past, and how they could be applied to today.  But until the powers that be, get realistic about actions that will bring the kind of peace and stability these countries need, we will continue to watch this horrid spectacle. –Matt

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Africa’s Forever Wars

Why the continent’s conflicts never end.

MARCH/APRIL 2010

BY JEFFREY GETTLEMAN

There is a very simple reason why some of Africa’s bloodiest, most brutal wars never seem to end: They are not really wars. Not in the traditional sense, at least. The combatants don’t have much of an ideology; they don’t have clear goals. They couldn’t care less about taking over capitals or major cities — in fact, they prefer the deep bush, where it is far easier to commit crimes. Today’s rebels seem especially uninterested in winning converts, content instead to steal other people’s children, stick Kalashnikovs or axes in their hands, and make them do the killing. Look closely at some of the continent’s most intractable conflicts, from the rebel-laden creeks of the Niger Delta to the inferno in the Democratic Republic of the Congo, and this is what you will find.

What we are seeing is the decline of the classic African liberation movement and the proliferation of something else — something wilder, messier, more violent, and harder to wrap our heads around. If you’d like to call this war, fine. But what is spreading across Africa like a viral pandemic is actually just opportunistic, heavily armed banditry. My job as the New York Times’ East Africa bureau chief is to cover news and feature stories in 12 countries. But most of my time is spent immersed in these un-wars.

I’ve witnessed up close — often way too close — how combat has morphed from soldier vs. soldier (now a rarity in Africa) to soldier vs. civilian. Most of today’s African fighters are not rebels with a cause; they’re predators. That’s why we see stunning atrocities like eastern Congo’s rape epidemic, where armed groups in recent years have sexually assaulted hundreds of thousands of women, often so sadistically that the victims are left incontinent for life. What is the military or political objective of ramming an assault rifle inside a woman and pulling the trigger? Terror has become an end, not just a means.

(more…)

Wednesday, March 10, 2010

Letter Of Marque: The Constitutional Law And Practice Of Privateering, By Assistant U.S. Attorney Theodore Cooperstein

  So this is interesting.  Here is a guy that works for the US Attorneys Office, who is former special forces and a reserve Army Intel guy, that writes this fantastic paper on the subject of Letters of Marque and Reprisal.  Does anyone else find that to be cool, or am I the only constitutional law geek that likes this stuff? lol

   The thing about it folks, is that I like the LoM, and I think it is just one more tool that can be used in this long and costly war.  It gives congress a means to connect with private industry in a way that will be cost effective, and certainly effective if done properly.  The one caveat though, is that congress needs to understand the mechanisms at play with this concept, and they must have the tools on how to properly construct a LoM. It would take some modern day modifications to get it just right, but it is certainly not impossible, and all the pieces are there to put it together.

   Which leads me to my next point.  By far, Feral Jundi is the place with the most comprehensive collection and commentary about the subject of the Letter of Marque and Reprisal. I know, I search this stuff relentlessly, and have collected it all.  I invite the readership to explore all of this good stuff, and ‘build a snowmobile’ out of it. Hell, write congress and let them know about the LoM and your thoughts about it. Remind them about Article 1, Section 8 of the Constitution and let’s get the word out. –Matt

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Letters of Marque and Reprisal: The Constitutional Law and Practice of Privateering

Theodore M. Cooperstein, U.S. Attorneys Office (SDFL)

Abstract

The United States Constitution grants to the Congress the power, among others, to issue “Letters of Marque and Reprisal.” Although the practice seems to have fallen into disuse in this century, it was an important tool of national power for the federal government created by the Framers, who placed great import on the federal government’s role in protecting international commerce and in enforcing international law.

Privateering played a significant role before and during the Revolutionary War, and it persisted in American history as an economical way to augment naval forces against an enemy in wartime. A significant outgrowth of the practice of privateering was the body of law resulting from prize court adjudications. United States courts, in deciding title to ships and goods taken prize, determined issues both of domestic and customary international law. In this manner the federal courts significantly shaped the role of international law in the United States jurisprudence as well as assured the role of the United States in the ongoing development of customary international law. Case law concerning prizes and privateering is accordingly a useful vehicle to examine the interplay of U.S. constitutional law and customary international law as they both developed through the Nineteenth Century.

Changes in the methods of warfare during the Twentieth Century diminished the role of privateering. But the Congressional authority to issue Letters of Marque and Reprisal remains. As a means to commission private actors to augment national forces in international crises, the Letter of Marque and Reprisal could yet have modern applications. It remains for innovative executive and legislative experiment to revive the ancient practice in a form befitting modern international problems.

Suggested Citation

Theodore M. Cooperstein, “Letters of Marque and Reprisal: The Constitutional Law and Practice of Privateering,” 40 J. Maritime L. & Comm. 221 (Apr. 2009)

Link to publication website here.

LinkedIn Page for Theodore M. Cooperstein here.

Download Pdf here.

Monday, February 15, 2010

Law Enforcement: The Heroin Road–A Lethal Business Model Targets Middle America

   Fascinating.  These guys have definitely tapped into a drug dealing business model that is far more superior than the major cartels. Small de-centralized  businesses, all getting their heroin from one region in Mexico, and distributing it ‘pizza delivery style’. lol And get this, they are focused on customer service and satisfaction.  Did the Xalisco Boys read the Toyota Way or something?

   So how do you defeat this is my question? You could create doubt about the product they sell, kind of like how the fuel peddle issue is really tweaking Toyota right now. But eventually the product issues will be hashed out, and rumors squashed and business would crank up again.

    Another way, is to decentralize the drug war.  If you want to eradicate small groups, you need small groups who have the incentive to go after them.  A team of bounty hunters, if given sufficient authority necessary to go after these folks, could do the job just fine.  And if you attach a sizable bounty that makes this profitable for the hunters, or implement an awards system based on seized assets, then you could create an industry out of capturing these small time thugs. To really amp up the effectiveness of bounty hunters, they need to be able cross state lines.  Issuing Letters of Marque could be one way to give them that authority, or having some federal agency deputize these hunters. Perhaps some federal and state laws could be modified in order to make bounty hunting more effective?  In either case, you need to give bounty hunters protections that will give them sufficient authority to really go after these dealers.

   Like with the military and issuing Letters of Marque to individuals, law enforcement can have problems relinquishing authority to bounty hunters. It’s one part Max Webber, and one part ego. I happen to think that both groups can exist just fine, much like the Post Office and Fedex exist in the same market, and I think it is an excellent idea to create industries out of killing or capturing terrorists and pirates, or create industry out of capturing drug dealers. What bothers me about what the Xaliscos are doing, is they have decentralized the drug trade and have a business model that is scary efficient. Decentralizing the drug war against these folks is something that should be looked at if we want to keep pace with this business model. –Matt

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THE HEROIN ROAD

A lethal business model targets Middle America

Sugar cane farmers from a tiny Mexican county use savvy marketing and low prices to push black-tar heroin in the United States.

By Sam Quinones

First Of Three Parts

February 14, 2010

Immigrants from an obscure corner of Mexico are changing heroin use in many parts of America.Farm boys from a tiny county that once depended on sugar cane have perfected an ingenious business model for selling a semi-processed form of Mexican heroin known as black tar.Using convenient delivery by car and aggressive marketing, they have moved into cities and small towns across the United States, often creating demand for heroin where there was little or none. In many of those places, authorities report increases in overdoses and deaths.Immigrants from Xalisco in the Pacific Coast state of Nayarit, Mexico, they have brought an audacious entrepreneurial spirit to the heroin trade. Their success stems from both their product, which is cheaper and more potent than Colombian heroin, and their business model, which places a premium on customer convenience and satisfaction.Users need not venture into dangerous neighborhoods for their fix. Instead, they phone in their orders and drivers take the drug to them. Crew bosses sometimes call users after a delivery to check on the quality of service. They encourage users to bring in new customers, rewarding them with free heroin if they do. (more…)

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