Piracy and Piracy in Somalia 2

16/08/2013 18:07

 

A privateer or corsair used similar methods to a pirate, but acted while in possession of a commission or letter of marque and reprisal from a government or monarch authorizing the capture of merchant ships belonging to an enemy nation. HP 606609-001 CPU fan with heatsink

 

HP 431448-001 CPU fan with heatsinkFor example, the United States Constitution of 1787 specifically authorized Congress to issue letters of marque and reprisal. The letter of marque and reprisal was recognized by international convention and meant that a privateer could not technically be charged with piracy while attacking the targets named in his commission. This nicety of law did not always save the individuals concerned, however, HP 612354-001 CPU fan with heatsink

as whether one was considered a pirate or a legally operating privateer often depended on whose custody the individual found himself in—that of the country that had issued the commission, or that of the object of attack. HP 612355-001 CPU fan with heatsink

 

HP 450864-001 CPU fan with heatsinkSpanish authorities were known to execute foreign privateers with their letters of marque hung around their necks to emphasize Spain's rejection of such defenses. Furthermore, many privateers exceeded the bounds of their letters of marque by attacking nations with which their sovereign was at peaceHP 606014-001 CPU fan with heatsink

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HP 486844-001 CPU fan with heatsink (Thomas Tew and William Kidd are notable alleged examples), and thus made themselves liable to conviction for piracy. However, a letter of marque did provide some cover for such pirates, as plunder seized from neutral or friendly shipping could be passed off later as taken from enemy merchants. HP 610774-001 CPU fan with heatsink

 

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The famous Barbary Corsairs of the Mediterranean, authorized by the Ottoman Empire, were privateers, as were the Maltese Corsairs, who were authorized by the Knights of St. John, and the Dunkirkers in the service of the Spanish Empire. HP 610773-001 CPU fan with heatsink

 

HP 492314-001 CPU fan with heatsinkIn the years 1626–1634 alone, the Dunkirk privateers captured 1,499 ships, and sank another 336.[51] From 1609 to 1616, England lost 466 merchant ships to Barbary pirates, and 160 British ships were captured by Algerians between 1677 and 1680.[52] HP 622033-001 CPU fan with heatsink

 

HP 491572-001 CPU fan with heatsink One famous privateer was Sir Francis Drake. His patron was Queen Elizabeth I, and their relationship ultimately proved to be quite profitable for England.[53]

Privateers constituted a large proportion of the total military force at sea during the 17th and 18th centuries. During the Nine Years War, HP 610777-001 CPU fan with heatsink

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the French adopted a policy of strongly encouraging privateers (French corsair s), including the famous Jean Bart, to attack English and Dutch shipping. England lost roughly 4,000 merchant ships during the war.[54]

 

HP 486799-001 CPU fan with heatsinkIn the following War of Spanish Succession, privateer attacks continued, Britain losing 3,250 merchant ships.[55] During the War of Austrian Succession, Britain lost 3,238 merchant ships and France lost 3,434 merchant ships to the British.[54] HP 631743-001 CPU fan with heatsink

 

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During King George's War, approximately 36,000 Americans served aboard privateers at one time or another.[54] During the American Revolution, about 55,000 American seamen served aboard the privateers.[5HP 622029-001 CPU fan with heatsink

 

HP 535438-001 CPU fan with heatsink6] The American privateers had almost 1,700 ships, and they captured 2,283 enemy ships.[57] Between the end of the Revolutionary War and 1812, less than 30 years, Britain, France, Naples, the Barbary States, Spain, and the Netherlands seized approximately 2,500 American ships. HP 532613-001 CPU fan with heatsink

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58] Payments in ransom and tribute to the Barbary states amounted to 20% of United States government annual revenues in 1800.[59] Throughout the American Civil War, Confederate privateers successfully harassed Union merchant ships.[60] HP 532614-001 CPU fan with heatsink

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Privateering lost international sanction under the Declaration of Paris in 1856.

Modern age[edit source | editbeta]

Seaborne piracy against transport vessels remains a significant issue (with estimated worldwide losses of US$13 to $16 billion per year),[61][62] particularly in the waters between the Red Sea and Indian Ocean, off the Somali coast, and also in the Strait of Malacca and Singapore, which are used by over 50,000 commercial ships a year. Compaq Presario CQ62-215SA keyboard

 

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In the late 2000s,[63] the emergence of piracy off the coast of Somalia spurred a multi-national effort led by the United States to patrol the waters near the Horn of Africa. In 2011, Brazil also created an anti-piracy unit on the Amazon river.[64] Compaq Presario CQ62-220SA keyboard

 

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In recent years, shipping companies claimed that their vessels suffer from regular pirate attacks on the Serbian and Romanian stretches of the international Danube river, i.e. inside the European Union's territory, starting from at least 2011.[65][66][67]

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Map showing the extent of Somali pirate attacks on shipping vessels between 2005 and 2010.

Modern pirates favor small boats and taking advantage of the small number of crew members on modern cargo vessels. They also use large vessels to supply the smaller attack/boarding vessels. Compaq Presario CQ62-225SA keyboard

 

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Modern pirates can be successful because a large amount of international commerce occurs via shipping. Major shipping routes take cargo ships through narrow bodies of water such as the Gulf of Aden and the Strait of Malacca making them vulnerable to be overtaken and boarded by small motorboats.[68][69Compaq Presario CQ62-229SA keyboard

 

Compaq Presario CQ62-220EA keyboard] Other active areas include the South China Sea and the Niger Delta. As usage increases, many of these ships have to lower cruising speeds to allow for navigation and traffic control, making them prime targets for piracy. Compaq Presario CQ62-230SA keyboard

 

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Also, pirates often operate in regions of developing or struggling countries with smaller navies and large trade routes. Pirates sometimes evade capture by sailing into waters controlled by their pursuer's enemies. With the end of the Cold War, Compaq Presario CQ62-235SA keyboard

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Compaq Presario CQ62-A65SA keyboardnavies have decreased size and patrol, and trade has increased, making organized piracy far easier. Modern pirates are sometimes linked with organized-crime syndicates, but often are parts of small individual groups. Compaq Presario CQ62-A20SA keyboard

 

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The International Maritime Bureau (IMB) maintains statistics regarding pirate attacks dating back to 1995. Their records indicate hostage-taking overwhelmingly dominates the types of violence against seafarers. For example in 2006, Compaq Presario CQ62-A25SA keyboard

Compaq Presario CQ62-A50SA keyboardthere were 239 attacks, 77 crew members were kidnapped and 188 taken hostage but only 15 of the pirate attacks resulted in murder.[70] In 2007 the attacks rose by 10% to 263 attacks. There was a 35% increase on reported attacks involving guns. Crew members that were injured numbered 64 compared to just 17 in 2006.[7Compaq Presario CQ62Z-200 keyboard

 

Compaq Presario CQ60Z-200 CTO keyboard1] That number does not include instances of hostage taking and kidnapping where the victims were not injured.

 

 

Aerial photograph of the Niger Delta, a center of piracy.

The number of attacks from January to September 2009 had surpassed the previous year's total due to the increased pirate attacks in the Gulf of Aden and off Somalia. Between January and September the number of attacks rose to 306 from 293. Compaq Presario CQ60-107EA keyboard

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Compaq Presario CQ60-430SA keyboardThe pirates boarded the vessels in 114 cases and hijacked 34 of them so far in 2009. Gun use in pirate attacks has gone up to 176 cases from 76 last year.[72] Compaq Presario CQ60-212EA keyboard

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Rather than cargo, modern pirates have targeted the personal belongings of the crew and the contents of the ship's safe, which potentially contains large amounts of cash needed for payroll and port fees. In other cases, the pirates force the crew off the ship and then sail it to a port to be repainted and given a new identity through false papers purchased from corrupt or complicit officials.[73]

 

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Modern piracy can also take place in conditions of political unrest. For example, following the U.S. withdrawal from Vietnam, Thai piracy was aimed at the many Vietnamese who took to boats to escape. Further, following the disintegration of the government of Somalia, warlords in the region have attacked ships delivering UN food aid.[74] Compaq Presario CQ60-219EA keyboard

 

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Flag of Sea Shepherd, an environmental action group against marine poaching and overfishing.

Environmental action groups such as Sea Shepherd have been accused of engaging in piracy and terrorism, when they ram and throw butyric acid on the decks of ships engaged in commercial fishing, shark poaching and finning, seal hunting, and whaling. In two instances, they boarded a Japanese whaling vessel.[75][76] Compaq Presario CQ60-305EA keyboard

 

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The attack against the German built cruise ship the Seabourn Spirit offshore of Somalia in November 2005 is an example of the sophisticated pirates mariners face. The pirates carried out their attack more than 100 miles (160 km) Compaq Presario CQ60-305SA keyboard

 

Compaq Presario CQ60-405SA keyboard offshore with speedboats launched from a larger mother ship. The attackers were armed with automatic firearms and an RPG.[77]

Since 2008, Somali pirates centered in the Gulf of Aden made about $120 million annually, reportedly costing the shipping industry between $900 million and $3.3 billion per year.[78] By September 2012, Compaq Presario CQ60-307SA keyboard

 

Compaq Presario CQ60-320SA keyboardthe heyday of piracy in the Indian Ocean was reportedly over. Backers were now reportedly reluctant to finance pirate expeditions due to the low rate of success, and pirates were no longer able to reimburse their creditors.[79] According to the International Maritime Bureau, Compaq Presario CQ60-307EA keyboard

pirate attacks had by October 2012 dropped to a six-year low.[80] Only five ships were captured by the end of the year, Compaq Presario CQ60-311SA keyboard

Compaq Presario CQ60-311EA keyboardrepresenting a decrease from 25 in 2011 and 27 in 2010,[81] with only 1 ship attacked in the third quarter compared to 36 during the same period in 2011.[80] However, pirate incidents off on the West African seaboard increased to 34 from 30 the previous year, and attacks off the coast of Indonesia rose from 2011's total of 46 to 51.[80] Compaq Presario CQ60Z keyboard

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Many nations forbid ships to enter their territorial waters or ports if the crew of the ships are armed, in an effort to restrict possible piracy.[82] Shipping companies sometimes hire private armed security guards. Compaq Presario CQ56-254SA keyboard

 

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For the United States, piracy is one of the offenses against which Congress is delegated power to enact penal legislation by the Constitution of the United States, along with treason and offenses against the law of nations. Compaq Presario CQ56-100EA keyboard

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Compaq Presario CQ56-106EA keyboard Treason is generally making war against one's own countrymen, and violations of the law of nations can include unjust war among other nationals or by governments against their own people. Compaq Presario CQ56-250SA keyboard

 

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In modern times, ships and airplanes are hijacked for political reasons as well. The perpetrators of these acts could be described as pirates (for instance, the French for plane hijacker is pirate de l'air, literally air pirate), Compaq Presario CQ56-251SA keyboard

 

Compaq Presario CQ56-102EA keyboard but in English are usually termed hijackers. An example is the hijacking of the Italian civilian passenger ship Achille Lauro in 1985, which is generally regarded as an act of piracy. Compaq Presario CQ56-253SA keyboard

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Modern pirates also use a great deal of technology. It has been reported that crimes of piracy have involved the use of mobile phones, satellite phones, GPS, Sonar systems, modern speedboats, assault rifles, shotguns, pistols, mounted machine guns, and even RPGs and grenade launchers. Compaq Presario CQ56-115SA keyboard

 

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During the Troubles in Northern Ireland, two coaster ships were hijacked and sunk by the IRA in the span of one year, between February 1981 and February 1982.

A collision between the container ship Ocean Blessing and the hijacked tanker Nagasaki Spirit occurred in the Malacca Straits at about 23:20 on September 19, Compaq Presario CQ56-156SA keyboard

1992. Pirates had boarded the Nagasaki Spirit, removed its captain from command, set the ship on autopilot, and left with the ship's master for a ransom. The ship was left going at full speed with no one at the wheel. Compaq Presario CQ56-204SA keyboard

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Compaq Presario CQ56-250EA keyboard The collision and resulting fire killed the entire crew of Ocean Blessing; there were only 2 survivors from Nagasaki Spirit. The fire on the Nagasaki Spirit lasted for six days; the fire aboard the Ocean Blessing burned for five weeks.[85]

 

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The cargo ship Chang Song was boarded and seized by pirates posing as customs officials in the South China Sea in 1998. The entire crew of 23 was killed, and their bodies thrown overboard. Six bodies were eventually recovered in fishing nets. Compaq Presario CQ56-109SA keyboard

 

Compaq Presario CQ56-112EA keyboard A crackdown by the Chinese government resulted in the arrest of 38 pirates and the group's leader, a corrupt customs official, and 11 other pirates who were then executed.[86]

The New Zealand environmentalist, yachtsman and public figure Sir Peter Blake was killed by Brazilian river pirates in 2001.[87] Compaq Presario CQ56-110SA keyboard

 

Pirates boarded the supertanker Dewi Madrim in March 2003 in the Malacca Strait. Articles like those written by the Economist indicate the pirates did not focus on robbing the crew or cargo, but instead focused on learning how to steer the ship and stole only manuals and technical information. Compaq Presario CQ56-112SA keyboard

However, the original incident report submitted to the IMO by the IMB would indicate these articles are incorrect and misleading. See also: Letter to the Editor of Foreign Affairs. Compaq Presario CQ56-113SA keyboard

 

The American luxury liner The Seabourn Spirit was attacked by pirates in November 2005 off the Somalian coast. There was one injury to a crewmember; he was hit by shrapnel. Compaq Presario CQ56-102SA keyboard

 

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Pirates boarded the Danish bulk carrier Danica White in June 2007 near the coast of Somalia. USS Carter Hall tried to rescue the crew by firing several warning shots but wasn't able to follow the ship into Somali waters.[88]

 

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Part of the counter-piracy Operation Atalanta, the Maestrale class frigate ITS Maestrale (F570) prepares to take on fuel alongside the amphibious assault ship USS Tarawa (LHA-1) during an underway replenishment in the Indian Ocean. Compaq Presario CQ56-103SA keyboard

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In April 2008, pirates seized control of the French luxury yacht Le Ponant carrying 30 crew members off the coast of Somalia.[89] The captives were released on payment of a ransom. The French military later captured some of the pirates, with the support of the provisional Somali government.[90] On June 2, 2008, Dell Latitude E4310 Keyboard

 

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 the UN Security Council passed a resolution enabling the patrolling of Somali waters following this and other incidents. The Security Council resolution provided permission for six months to states cooperating with Somalia's Transitional Federal Government (TFG) Dell Latitude E4320 Keyboard

 

Dell Latitude E6430S Keyboard  to enter the country's territorial waters and use "all necessary means" to stop "piracy and armed robbery at sea, in a manner consistent with international law."[91]

Several more piracy incidents have occurred in 2008 including a Ukrainian ship, the MV Faina, containing an arms consignment for Kenya, Dell Latitude E4200 Keyboard

 

Dell Latitude E6430-ATG Keyboard including tanks and other heavy weapons, which was possibly heading towards an area of Somalia controlled by the Islamic Courts Union (ICU) after its hijacking by pirates[92] before anchoring off the Somali coast. The Somali pirates—in a standoff with US missile destroyer the USS Howard—asked for a $20 million ransom for the 20 crew members it held; Dell Latitude E4300 Keyboard

 

Dell Latitude E6430 Keyboard  shots were heard from the ship, supposedly because of a dispute between pirates who wanted to surrender and those who didn't.[93] In a separate incident, occurring near the same time (late September to early October), an Iranian cargo ship, MV Iran Deyanat, departing from China, Dell Latitude E6500 Keyboard

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Dell Latitude E6420-ATG Keyboard  was boarded by pirates off Somalia. The ship's cargo was a matter of dispute, though some pirates have apparently been sickened, lost hair, suffered burns, and even died while on the ship. Speculations of chemical or even radioactive contents have been made.[94] Dell Latitude E5410 Keyboard

 

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On November 15, 2008, Somali pirates seized the supertanker MV Sirius Star, 450 miles off the coast of Kenya. The ship was carrying around $100 million worth of oil and had a 25-man crew. This marked the largest tonnage vessel ever seized by pirates.[95]

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A suspected pirate skiff in the Gulf of Aden burns after being destroyed by the amphibious dock landing ship USS Ashland (LSD 48).

On April 8, 2009, Somali pirates briefly captured the MV Maersk Alabama, a 17,000-ton cargo ship containing emergency relief supplies destined for Kenya. It was the latest in a week-long series of attacks along the Somali coast, Dell Latitude E5510 Keyboard

 

 

 and the first of these attacks to target a U.S.-flagged vessel. The crew took back control of the ship although the Captain was taken by the escaping pirates to a lifeboat.[96] On Sunday, April 12, 2009, Capt. Richard Phillips was rescued, reportedly in good condition, from his pirate captors who were shot and killed by US Navy SEAL snipers.[97][9Dell Latitude E5420 Keyboard

 

Dell Latitude E6230 Keyboard 8] Vice Admiral William E. Gortney reported the rescue began when Commander Frank Castellano, captain of the USS Bainbridge, determined that Phillips' life was in imminent danger and ordered the action. Dell Latitude E5520 Keyboard

 

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In July 2009, Finnish-owned ship MV Arctic Sea sailing under the Maltese flag was allegedly hijacked in the territorial waters of Sweden by a group of eight to ten pirates disguised as policemen. According to some sources, the pirates held the ship for 12 hours, went through the cargo and later released the ship and the crew.[99] Dell Latitude E6420 Keyboard

 

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On April 1, 2010, pirates attacked the USS Nicholas, an Oliver Hazard Perry-class missile frigate in international waters west of the Seychelles. The pirates opened fire from a small skiff at 12:27 am local time, presumably mistaking the warship for a merchant vessel in the dark. The USS Nichlolas returned fire, pursuing the small vessel until it stopped. Dell Latitude E6520 Keyboard

Dell Latitude E5530 Keyboard  The U.S. Navy crew detained the three occupants of the skiff as well as two more pirates aboard the mother ship, which was waiting nearby.[100]

Action of 6 May 2010 when the Liberian flagged Moscow University was attacked by Somali pirates in two speedboats when some 500 nautical miles (930 km) Dell Latitude E6520N Keyboard

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off the coast of Somalia. The Udaloy-class destroyer Marshal Shaposhnikov was reported to be en route to the aid of the crew of Moscow University. The crew was reported to have locked themselves in the ship's radar room.[101][ Dell Latitude E5220 Keyboard

 

Dell Precision M4400 Keyboard 102] On 6 May, Russian Naval Infantry from the Marshal Shaposhnikov landed on the hijacked vessel and rescued it, killing one pirate and detaining eleven. The entire crew escaped unharmed.[103][104] Dell Latitude E5420M Keyboard

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On October 2, 2010, a 911 call transcript was released detailing an incident of an American tourist who was shot dead by Mexican pirates on a U.S.-Mexico border lake that has been plagued with drug cartel violence in recent years.[105]

Authorities estimate that only between 50%[106][107] to as low as 10%[108] of pirate attacks are actually reported (so as not to increase insurance premiums). Dell Latitude E6500 Keyboard

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Successful attempts against piracy[edit source | editbeta]

 

 

U.S. Navy helicopters disrupt a pirate attack on Philippine merchant vessel, March 24, 2011

International ships equipped with helicopters patrol the waters where pirate activity has been reported, but the area is very large. Dell Latitude E6400-XFR Keyboard

 

Dell Precision M4500 Keyboard Some ships are equipped with anti-piracy weaponry such as an LRAD, a sonic device that sends a sonic wave out to a directed target, creating a sound so powerful that it bursts the eardrums and shocks pirates, Dell Latitude E6410 Keyboard

 

Dell Precision M6600 Keyboard  causing them to become disoriented enough to drop their weapons, while the vessel being pursued increases speed and engages in evasive maneuvering.[109] Additional measures used against pirates include the deployment of unmanned aerial vehicles (UAVs) and remotely controlled boats.[110] Dell Latitude E6410-ATG Keyboard

 

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Under a principle of international law known as the "universality principle", a government may "exercise jurisdiction over conduct outside its territory if that conduct is universally dangerous to states and their nationals."[11Dell Latitude E5430 Keyboard

Dell Precision M2400 Keyboard 8] The rationale behind the universality principle is that states will punish certain acts "wherever they may occur as a means of protecting the global community as a whole, even absent a link between the state and the parties or the acts in question." Under this principle, the concept of "universal jurisdiction" applies to the crime of piracy.[11Dell Latitude E4310 Battery

 

Dell Latitude E6430-XFR Battery9] For example, the United States has a statute (section 1651 of title 18 of the United States Code) imposing a sentence of life in prison for piracy "as defined by the law of nations" committed anywhere on the high seas, regardless of the nationality of the pirates or the victims.[120Dell Latitude E4320 Battery

 

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According to piracy experts,[citation needed] the goal is to "deter and disrupt" pirate activity, and pirates are often detained, interrogated, disarmed, and released. With millions of dollars at stake, pirates have little incentive to stop. Dell Latitude E4200 Battery

 

Dell Latitude E6430-ATG Battery In Finland, one case involves pirates who have been captured and whose boat was sunk. No prosecution of the pirates is forthcoming, as pirates attacked a vessel of Singapore and the pirates are not, themselves, Dell Latitude E4300 Battery

 

Dell Latitude E6430 Battery EU or Finnish citizens. A further complication is that Singapore law allows the death penalty for piracy and Finland does not. Some countries have been reluctant to utilize the death penalty to stop pirates.[121] Dell Latitude E6500 Battery

 

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The Dutch are using a 17th-century law against sea robbery to prosecute.[citation needed] Warships that capture pirates have no jurisdiction to try them, and NATO does not have a detention policy in place. Prosecutors have a hard time assembling witnesses and finding translators, and countries are reluctant to imprison pirates because the countries would be saddled with the pirates upon their release.[122] Dell Latitude E5400 Battery

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George Mason University professor Peter Leeson has suggested that the international community appropriate Somali territorial waters and sell them, together with the international portion of the Gulf of Aden, to a private company which would then provide security from piracy in exchange for charging tolls to world shipping through the Gulf.[123][124] Dell Latitude E5500 Battery

 

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Self protection measures and increased patrol[edit source | editbeta]

 

 

Private guard escort on a merchant ship providing security services against piracy in the Indian Ocean.

First and foremost, the best protection against piracy is simply to avoid encountering them. This can be accomplished by using tools such as radar.[125] Dell Latitude E5510 Battery

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In addition, while the non-wartime 20th century tradition has been for merchant vessels not to be armed, the U.S. Government has recently changed the rules so that it is now "best practice" for vessels to embark a team of armed private security guards.[126][127] In addition, the crew themselves can be given a weapons training,[1Dell Latitude E5520 Battery

 

Dell Latitude E6220 Battery28] and warning shots, using less-lethal ammunition, can be fired legally in international waters and/or when sailing under Israeli or Russian flag[dubious – discuss]. Finally, similar to weapons training, remote weapon systems can be implemented to a vessel.[129] Dell Latitude E6420 Battery

 

Other measures vessels can take to protect themselves against piracy are implementing a high freewall[130] and vessel boarding protection systems (e.g., hot water wall, electricity-charged water wall, automated fire monitor, slippery foam).[1Dell Latitude E6520 Battery

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Dell Latitude E6120 Battery31] Ships can also attempt to protect themselves using their Automatic Identification Systems (AIS).[132] Every ship over 300 tons carries a transponder supplying both information about the ship itself and its movements. Any unexpected change in this information can attract attention. Dell Latitude E6520N Battery

 

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 Previously this data could only be picked up if there was a nearby ship, thus rendering single ships vulnerable. However recently specalised satellites have been launched to detect and retransmit this data. Large ships cannot therefore be hijacked without being detected. Dell Latitude E6530 Battery

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Dell XPS L502X Battery  This can act as a deterrent to attempts to either hijack the entire ship or steal large portions of cargo with another ship since an escort can be sent more quickly than might otherwise have been the case. Dell Latitude E5420M Battery

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Finally, in an emergency, warships can be called upon. In some areas such as near Somalia, naval vessels from different nations are present that are able to intercept vessels attacking merchant vessels. For patrolling dangerous coastal waters (and/or keeping financial expenses down), robotic or remote-controlled USVs are also sometimes used.[13Dell Latitude E6500 Battery

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Dell XPS 17-L702X Battery 3] Also, both shore-launched and vessel-launched UAVs are also used by the U.S. Army.[134][135]

Commerce raiders[edit source | editbeta]

 

See also: Ruse de guerre

A wartime activity similar to piracy involves disguised warships called commerce raiders or merchant raiders, which attack enemy shipping commerce, approaching by stealth and then opening fire. Commerce raiders operated successfully during the American Revolution. During the American Civil War, Dell Latitude E6410 Battery

 

Dell XPS 17-L701X Battery the Confederacy sent out several commerce raiders, the most famous of which was the CSS Alabama. During World War I and World War II, Germany also made use of these tactics, both in the Atlantic and Indian Oceans. Since commissioned naval vessels were openly used, Dell Latitude E6410-ATG Battery

 

Dell XPS L702X Battery  these commerce raiders should not be considered even privateers, much less pirates— although the opposing combatants were vocal in denouncing them as such.

National law[edit source | editbeta] Dell Latitude E5430 Battery

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United Kingdom[edit source | editbeta]

 

 

A Merchant seaman aboard a fleet oil tanker practices target shooting with a 12 gauge shotgun as part of training to repel pirates in the Strait of Malacca.

Section 2 of the Piracy Act 1837 creates a statutory offence of aggravated piracy. See also the Piracy Act 1850. Dell Precision M4600 Battery

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In 2008 the British Foreign Office advised the Royal Navy not to detain pirates of certain nationalities as they might be able to claim asylum in Britain under British human rights legislation, if their national laws included execution, or mutilation as a judicial punishment for crimes committed as pirates.[136] Dell Precision M4500 Battery

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Definition of piracy jure gentium

See section 26 of, and Schedule 5 to, the Merchant Shipping and Maritime Security Act 1997. These provisions replace the Schedule to the Tokyo Convention Act 1967. In Cameron v HM Advocate, 1971 SLT 333, the High Court of Justiciary said that that Schedule supplemented the existing law and did not seek to restrict the scope of the offence of piracy jure gentium.

 

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The book "Archbold" said that in a case that does not fall with section 2 of the Piracy Act 1837, the penalty appears to be determined by the Offences at Sea Act 1799, which provides that offences committed at sea are liable to the same penalty as if they had been committed upon the shore.[137] Dell Precision M6500 Battery

 

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History

William Hawkins said that at common law, piracy by a subject was esteemed to be petty treason. The Treason Act 1351 provided that this was not petty treason.[138]

In English admiralty law, piracy was classified as petit treason during the medieval period, and offenders were accordingly liable to be drawn and quartered on conviction. Piracy was redefined as a felony during the reign of Henry VIII. In either case, Dell Precision M4400 Battery

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piracy cases were cognizable in the courts of the Lord High Admiral. English admiralty vice-admiralty judges emphasized that "neither Faith nor Oath is to be kept" with pirates; i.e. contracts with pirates and oaths sworn to them were not legally binding. Dell XPS 14D Battery

 

Dell XPS 15D Battery Pirates were legally subject to summary execution by their captors if captured in battle. In practice, instances of summary justice and annulment of oaths and contracts involving pirates do not appear to have been common.[citation needed] Dell XPS 14D-L401X Battery

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United States[edit source | editbeta]

 

In the United States, criminal prosecution of piracy is authorized in the U.S. Constitution, Art. I Sec. 8 cl. 10:

The Congress shall have Power ... To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; Sony SVE1511A1EW Keyboard

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Title 18 U.S.C. § 1651 states:

Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life.

Citing the United States Supreme Court decision in the year 1820 case of United States v. Smith,[13Sony SVE1511K1E Keyboard

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Sony SVE1713Z1E Keyboard9] a U.S. District Court ruled in 2010 in the case of United States v. Said that the definition of piracy under section 1651 is confined to "robbery at sea." The piracy charges (but not other serious federal charges) against the defendants in the Said case were dismissed by the Court.[140] Sony SVE1511M1E Keyboard

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International law[edit source | editbeta]

 

Effects on international boundaries[edit source | editbeta]

During the 18th century, the British and the Dutch controlled opposite sides of the Straits of Malacca. The British and the Dutch drew a line separating the Straits into two halves. Sony SVE1511Q1E Keyboard

The agreement was that each party would be responsible for combating piracy in their respective half. Eventually this line became the border between Malaysia and Indonesia in the Straits.

Law of nations[edit source | editbeta] Sony SVE1511V1E Keyboard

 

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International Maritime Organization (IMO) conference on capacity-building to counter piracy in the Indian Ocean.

Piracy is of note in international law as it is commonly held to represent the earliest invocation of the concept of universal jurisdiction. Sony SVE1511W1E Keyboard

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Sony SVE1713Z1E KeyboardThe crime of piracy is considered a breach of jus cogens, a conventional peremptory international norm that states must uphold. Those committing thefts on the high seas, inhibiting trade, and endangering maritime communication are considered by sovereign states to be hostis humani generis (enemies of humanity).[141] Sony SVE1512C6E Keyboard

 

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For a different opinion on Pirates as Hostis Humani Generis see Caninas, Osvaldo Peçanha. Modern Maritime Piracy: History, Present Situation and Challenges to International Law. Paper presented at the annual meeting of the ISA – ABRI JOINT INTERNATIONAL MEETING, Pontifical Catholic University, Rio de Janeiro Campus (PUC-Rio), Sony SVE1512J1E Keyboard

 

Sony SVE1513M1E Keyboard Rio de Janeiro, Brazil, Jul 22, 2009

Because of universal jurisdiction, action can be taken against pirates without objection from the flag state of the pirate vessel. This represents an exception to the principle extra territorium jus dicenti impune non paretur ("One who exercises jurisdiction out of his territory is not obeyed with impunity").[142] Sony SVE1512K1E Keyboard

 

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International conventions[edit source | editbeta]

Articles 101 to 103 of UNCLOS[edit source | editbeta]

 

Pirates are a frequent topic in fiction and are associated with certain stereotypical manners of speaking and dress, some of them wholly fictional: "nearly all our notions of their behavior come from the golden age of fictional piracy, which reached its zenith in 1881 with the appearance of Robert Louis Stevenson's Treasure Island."[149] Sony SVE1512M1E Keyboard

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Sony SVE1513B1E Keyboard Some inventions of pirate culture such as "walking the plank" were popularized by J. M. Barrie's novel, Peter Pan, where Captain Hook's pirates helped define the fictional pirate archetype.[150Sony SVE1513C5E Keyboard

 

Sony SVE1513A4E Keyboard] A West Country native where many famous English pirates such as Blackbeard and Calico Jack hailed from, Robert Newton's portrayal of Long John Silver in Disney's 1950 film adaptation also helped define the modern rendition of a pirate, including the stereotypical West Country "pirate accent".[1HP 602472-001 CPU fan

 

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51] Other influences include Sinbad the Sailor, and the recent Pirates of the Caribbean films have helped kindle modern interest in piracy and have performed well at the box office.

The classic Gilbert and Sullivan operetta The Pirates of Penzance focuses on The Pirate King and his hopeless band of pirates on the South coast of England. HP 603690-001 CPU fan

 

HP 631743-001 CPU fanThe Pirate King is widely believed to be the inspiration for Jack Sparrow. The on-going manga One Piece details the adventures of Monkey D. Luffy and his crew to find the legendary treasure, The One Piece, and become the next Pirate King. HP 603691-001 CPU fan

 

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Many sports teams use "pirate" or a related term such as "raider" or "buccaneer" as their nickname, basing their gimmick around the popular stereotypes of pirates, as well as to give them an "intimidating" image. Sony PCG-4121DL Battery
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sony PCG-6Z4L batteryThe Pittsburgh Pirates, a Major League Baseball team in Pittsburgh, Pennsylvania, are perhaps the most well-known, and actually got their nickname in 1891 after being accused of "piratical" actions by another team after they signed a player from the accusing team. Sony PCG-4121FL Battery
 

 

sony PCG-6Z3L batteryThe Oakland Raiders and Tampa Bay Buccaneers, both of whom play in the National Football League, also use pirate-related nicknames.

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Piracy off the coast of Somalia has been a threat to international shipping since the second phase of the Somali Civil War in the early 21st century.[1] Since 2005, many international organizations, including the International Maritime Organization and the World Food Programme, have expressed concern over the rise in acts of piracy.[2][ Sony PCG-4121GL Battery
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sony PCG-6Z2L battery3] Piracy has impeded the delivery of shipments and increased shipping expenses, costing an estimated $6.6 to $6.9 billion a year in global trade according to Oceans Beyond Piracy (OBP).[4Sony PCG-41212L Battery
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sony PCG-6Z1L battery] According to the German Institute for Economic Research (DIW), a veritable industry of profiteers has also risen around the piracy. Insurance companies, in particular, have profited from the pirate attacks, as insurance premiums have increased significantly.[5] Sony PCG-41214L Battery
 

A United Nations report and several news sources have suggested that piracy off the coast of Somalia is caused in part by illegal fishing.[6][7] According to the DIW and the U.S. House Armed Services Committee, the dumping of toxic waste in Somali waters by foreign vessels has also severely constrained the ability of local fishermen to earn a living and forced many to turn to piracy instead.[5][ Sony PCG-41215L Battery
 

 

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8] 70 percent of the local coastal communities "strongly support the piracy as a form of national defense of the country's territorial waters", and the pirates believe they are protecting their fishing grounds and exacting justice and compensation for the marine resources stolen.[9][10][ Sony PCG-41216L Battery
 

 

sony PCG-6XAL battery11] Some reports have suggested that, in the absence of an effective national coast guard following the outbreak of the civil war and the subsequent disintegration of the Armed Forces, local fishermen formed organized groups in order to protect their waters. Sony PCG-41217L Battery
 

 

sony PCG-6X8L battery This motivation is reflected in the names taken on by some of the pirate networks, such as the National Volunteer Coast Guard.[12] However, as piracy has become substantially more lucrative in recent years, other reports have speculated that financial gain is now the primary motive for the pirates.[13][14][15] Sony PCG-41218L Battery
 

 

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Combined Task Force 150, a multinational coalition task force, took on the role of fighting piracy off of the coast of Somalia by establishing a Maritime Security Patrol Area (MSPA) within the Gulf of Aden.[1Sony PCG-41411L Battery
 

 

sony PCG-6X6L battery6] The increasing threat posed by piracy has also caused concern in India since most of its shipping trade routes pass through the Gulf of Aden. The Indian Navy responded to these concerns by deploying a warship in the region on 23 October 2008. In September 2008, Russia announced that it too would join international efforts to combat piracy.[17] Sony PCG-41412L Battery
 

 

sony PCG-6X2L battery Some reports have also accused certain government officials in Somalia of complicity with the pirates,[18] with authorities from the Galmudug administration in the north-central Hobyo district reportedly attempting to use pirate gangs as a bulwark against Islamist insurgents from the nation's southern conflict zones.[ Sony PCG-41413L Battery
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sony PCG-6X1L battery19] However, according to UN Secretary-General Ban Ki Moon, both the former and current administrations of the autonomous Puntland region in northeastern Somalia appear to be more actively involved in combating piracy.[18sony PCG-4R2L battery

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] The latter measures include on-land raids on pirate hideouts,[20] and the construction of a new naval base in conjunction with Saracen International, a UK-based security company.[21] By the first half of 2010, sony PCG-4Q4L battery

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sony PCG-4Q1L battery these increased policing efforts by Somali government authorities on land and international naval vessels at sea reportedly contributed to a drop in pirate attacks in the Gulf of Aden from 86 a year prior to 33, forcing pirates to shift attention to other areas such as the Somali Basin and the wider Indian Ocean.[20][22] Sony VGP-BPL12 Battery

 

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 [23] By the end of 2011, pirates managed to seize only four ships off of the coast of Somalia; 18 fewer than the 26 they had captured in each of the two previous years. They also attempted unsuccessful attacks on 52 other vessels, 16 fewer than the year prior.[24] As of 8 July 2013, the pirates were holding 1 large ship and an estimated 54 hostages.[25] Sony VGP-BPL13 Battery

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According to another source, there were 151 attacks on ships in 2011, compared to 127 in 2010 - but only 25 successful hijacks compared to 47 in 2010. 10 vessels and 159 hostages were being held at February 2012. In 2011, Sony VGP-BPL14 Battery

 

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pirates earned $146m, an average of $4.87m per ship. An estimated 3,000 to 5,000 pirates operated; by February 2012 1,000 had been captured and were going through legal processes in 21 countries.[26] According to the European Union Naval Force (EU NAVFOR), intensified naval operations had by February 2012 led to a further drop in successful pirate attacks in the Indian Ocean, with the pirates' movements in the region at large also significantly constrained.[ Sony VGP-BPL14/B Battery

 

Sony VGP-BPS21A Battery27] 25 military vessels from the EU and NATO countries, the United States, China, Russia, India and Japan patrolled approximately 8.3m km2 (3.2m sq miles) of ocean, an area about the size of Western Europe.[2Sony VGP-BPL14B Battery

 

Sony VGP-BPS21 Battery6] On 16 July 2012, the European Union launched a new operation, EUCAP Nestor. An analysis by the Brussels-based Global Governance Institute urged the EU to commit onshore to prevent piracy.[2Sony VGP-BPL14/S Battery

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8] By September 2012, the heyday of piracy in the Indian Ocean was reportedly over. Backers were now reportedly reluctant to finance pirate expeditions due to the low rate of success, and pirates were no longer able to reimburse their creditors.[2Sony VGP-BPS8 Battery

 

Sony VGP-BPS15/S Battery9] According to the International Maritime Bureau, pirate attacks had by October 2012 dropped to a six-year low, with only 1 ship attacked in the third quarter compared to 36 during the same period in 2011.[30] Sony VGP-BPS9 Battery

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