Feral Jundi

Friday, July 20, 2012

Maritime Security: Germany Plans To License And Regulate Anti-piracy Security Firms

“We are breaking new ground here,” Otto said. “We mainly have foreign companies that operate in international waters.” The German government estimates that British and US companies in particular could apply for a license.

This is interesting and I really liked the quote up top. To have a German ‘Letter of Marque’ or a license would be pretty cool. Although on the down side, I did not like the limitations that the Germans were putting on weapons use.

Weapons for the private ship protectors will have to be registered separately. The law stipulates that no heavy military weapons can be employed. Semi-automatic weapons, though, could be permitted.

So the pirates can operate heavy military weapons for attacks, but armed security defending these boats are not allowed too have them?  And what exactly is the German definition of ‘heavy military weapons’?

The other point that was kind of interesting is the license fees and process.

The Federal Office of Economics and Export Control (BAFA) will most likely be the office in charge of the procedure. It will be able to call in the Federal Police for consultation. Security firms will have to pay between 8,000 euros ($9,800) and 16,000 euros for the licenses, which will be valid for two years.

This is peculiar to me and I was wondering how the fee schedule works?  Do you pay less for a license if you are only defending small vessels, or what?  Or do you pay more if you are a foreign security company versus a national one? We will see…

The last part of this article also mentioned some key statistics. Like ‘German shipping companies operate the third largest merchant fleet in the world’! Specifically, they mentioned these numbers.

German shipping companies operate the third largest merchant fleet in the world. However, only a small proportion flies under the German flag. The country’s black-red-gold flag only flies on 492 ships. This makes the vessels German territory. Criminal offences on board, for example, are tried before German courts.
On the other hand, 3,161 ships operated by German shipping companies sail under foreign flags. Shipowners, unions and the government are aiming to bring a total of 600 ships under the German flag. But to date, this goal has shown little success.

492 ships flying the flag of Germany is a significant number of vessels to protect under this scheme. No telling how many of them transit through dangerous waters. But increasing that to 600 ships will only increase the odds of more work for security firms. Not to mention the 3,161 vessels out there operated by German shipping companies. Perhaps these security measures will bring more vessels back under their flag? –Matt

 

Germany plans to regulate anti-piracy security firms
July 19, 2012
Sea piracy off the coast of Somalia has dropped dramatically, in part as the result of private security forces accompanying the ships. The German government now wants to regulate their certification.
The German Cabinet has agreed on legislation to introduce a licensing procedure for security companies on board ships. The draft bill determines which requirements these firms have to fulfill if they are protecting German-registered vessels. The government coordinator for the maritime industry, Hans-Joachim Otto, welcomed the decision.

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Wednesday, July 4, 2012

History: Privateers Reenact Battle Of The War Of 1812 In Boston Harbor

Filed under: History,Letter Of Marque — Tags: , , , — Matt @ 11:27 AM

Happy 4th of July and I thought this was a cool little deal to put out there. Private industry or privateers were very much a part of this country’s war for independence. It is great that we have such a strong military now, but it is equally great that private industry is able to contribute if need be…and our early days is proof of that. –Matt

 

Thursday, June 21, 2012

Books: The Privateering Stroke, By Capt. Michael Rustein

Henry Adams stated flatly that “the privateers contributed more than the regular navy to bring about a disposition for peace in the British classes most responsible for the war.”

For those of you that have been following along with the blog’s focus on privateering, letter of marque and reprisal, and offense industry, then you will know why this book would interest me. I have not had a chance to check it out yet, but from the sounds of it, it was written by a privateering ‘maven‘.

The author has actually built a schooner called the Fame, based on the first privateering vessel to capture a prize during the War of 1812. He has written several books on the subject and even has a business that teaches the public the history and the workings of a privateer vessel. I would say that would be defined as pretty passionate about the subject. lol

Probably the most interesting aspect of this book from the description below, is the author’s focus on how important privateers really were during the war. This was the ultimate in old school privatized warfare and offense industry in overdrive.

An entire industry focused on attacking the weakness of an enemy, and Britain’s weakness was their commerce/trade. There is no way our navy and privateers could have taken on the Royal Navy directly, so instead we did like most small disadvantaged forces would do in that situation, and attacked their poorly defended commerce/trade. Check this quote out.

Deprived of customs duties, the United States government was in dire straits by the end of 1814. Had the conflict continued, the nation would have been incapable of defending itself without a central bank, new taxes, and conscription. Meanwhile, America’s privateers were waging a highly effective war against British trade. They captured an estimated 2,000 prizes worth $40 million, sent insurance rates to unprecedented levels, and drove up prices at a time when Britain’s economy was groaning under the strain of two decades of warfare. The British public was outraged; merchants bombarded the government with protests and appeals. With the United States incapable of maintaining the initiative in Canada, privateering became the nation’s last, best, and only offensive weapon. 

Pretty neat and this book would be another good one to check out. Especially if you are a student of ‘offense industry’ or are interested in the letter of marque concept. This would also be a good read for those of you interested in naval history and guerrilla warfare. –Matt

The Privateering Stroke

By Capt. Michael Rustein
Book Description
Publication Date: March 25, 2012
High school and even college textbooks oversimplify the War of 1812 — when they don’t ignore it completely. Popular histories emphasize the military as opposed to the economic and political aspects of the war. The U.S. Navy’s role has been written about ad nauseum. Meanwhile, we are still waiting for a definitive work on the equally important contributions of American privateers. While the Navy’s outstanding performance in single-ship engagements remains a source of national pride, those victories did not change the course of the war one iota. Had Constitution defeated a dozen British frigates, the thousand-ship Royal Navy would still have blockaded our coasts, strangled our commerce, bottled up our warships, and hunted down those that escaped. Even her former commander, Tyrone Martin, conceded that Constitution’s victories were “no more than pin pricks” that “had no direct effect on the course of the war.”

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Monday, May 21, 2012

Letter Of Marque: Title 33, Chapter 7 Of The US Code–Regulations For The Suppression Of Piracy

Yep, this exists, along with Article 1, Section 8, Paragraph 11 of the US Constitution. I thought this was pretty cool, because we definitely have laws on the books for getting private industry involved with the suppression of piracy.

I also liked these laws, because they defined captures. That the US can authorize private industry for capture of pirates. This is important to note, because at this time, there is only a Defense Industry in place for the suppression of piracy. Meaning, companies are only providing guards to defend vessels with the possible use of force. No one has the authority to arrest or capture pirates.  So basically we have a system in place that only allows for the ‘killing’ of pirates in the course of the defense, but god help us if private industry actually arrested folks?

By arresting pirates, we can find out information about pirate operations and we can keep these thugs out of the business of piracy by letting them rot in a prison. It would also give companies some authority for when pirates surrender. An effective Offense Industry could profit from the capture (or killing if pirates fail to surrender and become violent), and thus removing those threats from the seas. I should also note that the US congress used to pay privateers for the capture of British sailors and seamen during the War of 1812 using a bounty system. In other words, companies must be compensated if you want them to actually arrest and detain pirates. Without incentive and and well defined legal authority, ship owners and security guards on these boats will want nothing to do with capturing anyone.

Or we can continue to promote this current Defense Industry where companies either kill or wound pirates in fire fights and then allow pirates to escape–so they can go attack some other vessel. Hell, why would companies be compelled to kill pirates in the first place with such a system?  Killing pirates or arresting them, would eliminate the sweet deal ‘Defense Industry’ we have that benefits from having active pirates.  Something to think about when talking about when dealing with today’s piracy issues. –Matt

 

Title 33, Chapter 7 Of The US Code– Regulations For The Suppression Of Piracy

Tuesday, April 10, 2012

Maritime Security: The Insanity Of ‘Catch And Release’

A EU NAVFOR spokesman was unable to provide Sky News with a figure for how many suspected pirates had been returned to Somalia without charge.
“I don’t have the number for those returned to Somalia – a number of reasons but largely because it was not initially considered important to maintain the number,” the spokesman told Sky News. -Link to quote here.

This is the part of our global anti-piracy campaign that absolutely kills me. It’s as if these navies are sport fishermen, and they are releasing their catch so it can grow bigger, and spawn more fish, so they have more fish to ‘catch and release’ in the future.

Now of course we are dealing with the legal mechanisms, or lack there of, of each country that has laws that deal with piracy.  So when a navy captures a pirate or suspected pirate, those navies are operating under the guidelines of those laws. Because these countries have not implemented sound anti-piracy laws, we unfortunately see pirates captured and then release because of some legal mistake or loophole. Or, those that did the arresting of the pirates did not capture and detain properly, or properly document or obtain witnesses, etc.

So who are the worst offenders of ‘catch and release’?  That is a good question and I tried to do a little search for any comprehensive reports on this problem. Below, I have found a few recent articles on Canada and the UK, and their deficient legal mechanisms in place for prosecuting pirates. Here is a sample for the UK.

Fewer than one in every five suspects picked up around the Horn of Africa over the past four years have been prosecuted for piracy-related offences, the Ministry of Defence has admitted. The figures will fuel growing criticism of Britain’s involvement in the anti-piracy operation.
Official MoD figures obtained by The Independent on Sunday show the Royal Navy has boarded 34 vessels suspected of piracy in the Indian Ocean since volunteering to lead Operation Atalanta, the EU’s first naval mission, in 2008. However, on all but six occasions, the gangs rounded up were taken to the nearest beach and released – despite often being caught with equipment including guns and ladders. A list of boardings since November 2008 shows that the navy has detained a total of 279 likely pirates but allowed 229 of them to go free, some in groups of up to 17 at a time. Fifty more were sent on for prosecution in Kenya, the Seychelles or Italy.

Amazing. This is just insane, and this practice of catch and release must end.  Also, I wanted to mention that all the nations involved have had similar catch and release stories, so the UK or Canada are not the only ones. I have been documenting this for awhile now, and it is very frustrating.

I also wanted to mention that we are missing opportunities of detention by not allowing private security companies to detain and arrest these pirates. Every engagement could turn into an arrest and a removal of these criminals off of the high seas. By issuing Letters of Marque to PSC’s or the captain on these boats, nations could give them the same arresting powers that their navies currently have.

Within the terms of the LoM, you can define exactly how arrests are to be done and the specific rules for detention and transportation of prisoners. A country can also offer bounties for each pirate that was legally detained and prosecuted. We have GPS and video filming capability, and these can all be tools required under the terms of the LoM in these modern times.

As it stands now, security companies are executing the ultimate in extreme justice on the high seas. That would be actually killing pirates during the defense. So the question I have is why is killing pirates more appropriate than detaining them? If anything, a security company should have the option of capturing those pirates instead of just killing them. It would also take a load off of the larger navies who are tasked with anti-piracy.

So why capture them alive? Well, for intelligence purposes, a pirate that is alive and talking, is far better than a dead one. Also, by capturing them, we take them out of the game.  Of course killing them takes them out of the game permanently, but sometimes killing these pirates is not feasible within the course of current rules of engagement.

In one scenario, what if the pirates attacking the ship decided to stop their attack and just give up for whatever reason? Or during their attack, their engine fails and they get within killing range–so they raise their white flag right there. Does an armed guard execute these pirates who are trying to give up, or do they detain them? Or do we just let them go?  And also, if that pirate vessel is no longer sea worthy because armed guards made it so, and now pirates are sinking, is there any obligation at all to save and detain those pirates? These are all questions that could be answered with an effective Letter of Marque regime and bounty program, that makes capturing pirates something of interest to security companies on these vessels.

I mention bounty, because even with a LoM, security companies will not be entirely motivated to detain. An effective bounty or reimbursement program would be necessary to make up for the costs of such an offense industry. You must also incentivize the process in order to create a vibrant offense industry. A company would be risking life and limb to go that extra mile to capture a pirate crew, so companies must have some mechanism in place for compensation.

So those are my thoughts on the whole thing. The laws dealing with piracy need to catch up, and we also must look at legal mechanisms that will help to make the elimination of piracy more efficient and effective. –Matt

 

Navy frees four out of five suspected Somali pirates
Britain criticised for ‘particularly poor record’ in international crackdown on Indian Ocean piracy
Brian Brady
Sunday, 8 April 2012
Hundreds of suspected pirates arrested by the Royal Navy off the coast of East Africa have been immediately set free – to continue threatening merchant vessels in one of the world’s busiest shipping lanes. Fewer than one in every five suspects picked up around the Horn of Africa over the past four years have been prosecuted for piracy-related offences, the Ministry of Defence has admitted. The figures will fuel growing criticism of Britain’s involvement in the anti-piracy operation.
Official MoD figures obtained by The Independent on Sunday show the Royal Navy has boarded 34 vessels suspected of piracy in the Indian Ocean since volunteering to lead Operation Atalanta, the EU’s first naval mission, in 2008. However, on all but six occasions, the gangs rounded up were taken to the nearest beach and released – despite often being caught with equipment including guns and ladders. A list of boardings since November 2008 shows that the navy has detained a total of 279 likely pirates but allowed 229 of them to go free, some in groups of up to 17 at a time. Fifty more were sent on for prosecution in Kenya, the Seychelles or Italy.
The Government has acknowledged the “catch and release” strategy is often an “unsatisfactory outcome”, although ministers also maintain it helps to disrupt pirate networks.

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