Thursday, April 21, 2011

Pirates in the seas of Somalia, a headache for international law

The South Korean warship Yung Choi received a signal by the alarm at 5 am local time in the mirror of the Indian Ocean between the coasts of Somalia, those of Yemen and the Oman. The message came from the South Korean cargo ship Hanjin Tianjin, from 75 000 tonnes, allegedly attacked by pirates. Not even three hours later, in the same area of sea, 600 kilometers south east of Oman and 550 Yemeni island of Socotra, another boat suffered the same fate.

The second vessel is Italian Rosalia D'Amato, Perseverance navigation, en route to Iran. On board the Italian cargo ship, 21 people, including six Italians, many on the Korean vessel. According to reports by the crisis that the Foreign Ministry is monitoring the situation, the crew of Rosalia D'Amato, 4,500 tons, would be in good condition el'assalto pirate would be without the injured and without the use of firearms .

The news comes from the ship's captain who had the opportunity to contact the owner. The Italian ship was headed toward an unspecified location on the coast of Somalia. It 'probably the same group of pirates hit the ship is Korean and Italian. In area, including the South Korean warship, is repositioning the Italian frigate Espero, one of the units of the naval force of the international mission in Atlanta, from 2008 in action against the pirates' boats from Somalia threaten one of the crucial issues of international shipping routes .

According to the International Maritime Bureau in the early months of 2011, pirate attacks on the seas of the world have reached a record 142 reported assaults, most in the Indian Ocean between the Horn of Africa, the Arabian Peninsula and coasts of southern Asia. A very wide range, impossible to cover only the nimble motor boats that pirates used to Arremba the victims.

For some time, according to experts Scurity Review of Maritime, the tactic has changed some of the seized vessels are equipped to be used as a 'mother ship'. The boats leave directly from these pirate ships and the coast. Just a mother ship has been the target of action by the international fleet, which took place Wednesday in the waters off the Somali town of Hobyo, in the south.

Local witnesses reported Agence France Presse that an unidentified ship is attacked by military helicopters parties from ships of the naval force of the European mission to Atlanta. In the attack, at least four people were killed and six others were injured. But it is not clear whether the stricken ship was in fact a floating base of pirates or if it served only to bring supplies to the Somali coast.

The fight against piracy, especially in Somalia, is proving a headache international legal and military. The international military missions in the area are two: Atlanta, led by the EU, and Ocean Shield, under NATO command. Also there are other warships, for example Russian and Chinese, who conduct their own patrols and escort out of the international missions.

Nevertheless, the data of the Maritime Security Review, that are at least 36 ships (and their crews) being held hostage by Somali pirates. Thirty-four pirates were arrested in early April after a night attack conducted by ships of the NATO mission Ocean Shield. The special troops raided a "den" of pirates on the coast of Somalia, where they had been identified and ammunition depots of materials downloaded a few hours before from a mother ship.

The blitz, which does not seem to have resulted in death, were also freed 34 hostages. NATO, in its statement does not say where the pirates were arrested have been brought. And this is the most sensitive point of the whole architecture of anti piracy, because the legal framework is complicated.

International laws against piracy from the late nineteenth century and the only current treaty, the UN Convention on the Law of the Sea, which also defines piracy as an international crime, was not incorporated under the laws of many countries. Therefore, it is unclear whether the pirates arrested should be tried by the country that owns the ship that made the catch, or whether it is better to process them in Somalia, where there is no government since 1991, or even in a third country.

The Netherlands has adopted the first interpretation and a few weeks ago a Dutch court has sentenced five Somalis convicted of the abduction of a Dutch freighter in the Gulf of Aden in April 2009. Suspected Somali pirates are imprisoned in the United States, France, Yemen and Germany, but most of the pirates "arrested" by the international naval force is currently in Kenya.

It is about 130 people suspended in a legal limbo. In 2009 Kenya had accepted the fact of bilateral treaties with a number of countries (China, USA, Canada, UK and Denmark, as well as the European Union) to celebrate before their own courts the trial of alleged pirates. In April 2010, however, a Kenyan court ruled that national laws are not applicable and therefore that the courts of Kenya does not have jurisdiction to determine cases of piracy occurred in international waters or territorial waters of third countries.

So, you have to start and the question has been invested directly Organization of the United Nations. In January this year, Jack Lang, special envoy of UN Secretary General Ban Ki-Moon has given up their relationship: the advice is to create ad hoc tribunals in certain regions of Somalia, including the semi-autonomous status Puntland, which is not internationally recognized.

The regulatory uncertainty favors the pirates and marine insurance: insurance premiums for ships flying the routes at risk in the Indian Ocean continue to rise systematically. So much so that, eventually, for some, pay the ransom to the pirates is the lesser evil. Enzo Mangini Lettera22

No comments:

Post a Comment