Page 30: of Maritime Reporter Magazine (April 2011)

30 Maritime Reporter & Engineering News

FEATURE PIRACY

This article is intended to help inform the debate on the use of arms, in particu- lar, armed Sea Marshals, in the protection of vessels conducting commercial busi- ness. At the outset AKE acknowledges an interest through its support to GAC Solu- tions in the provision of maritime secu- rity services and support to maritime clients. This article provides objective analysis of the situation confronting the maritime industry in respect of piracy, its growing effect on business, and the arm- ing of ships. A better understanding of the factors that will affect the maritime adventure with the introduction of weapons to vessels is required. The fol- lowing is a summary of those factors.

BACKGROUND

The underlying motivation to arm ves- sels is a genuine desire to protect crews, ships and cargo. However, the debate cur- rently seems to be driven more by the fol- lowing: fear induced pressure on the stakeholders; the questionable authority of some proponents of arming ships; frustration throughout the industry at the apparent ease with which pirates can gain access and control of ships.

There is also much confusion on the subject of arming vessels, with the polar- ized views of the absolutely “No” lobby and the definitely “Yes”lobby, an uncer- tain legal environment, the effects of competing interests and the absence of real direction.

The effect of an over-dramatic media creates a perception of the frequency and impact of piracy attacks that is not borne out by statistics. Also, the argument for arming ships increasingly relies on the use of the strap line “No ship with armed escorts has been taken.” There are many equally true statements such as, “ships with particular funnel markings have not been taken.”

INTRODUCTION

While piracy is a global phenomenon, the main focus of concern is towards the

Gulf of Aden/Indian Ocean and in partic- ular Somali sponsored piracy.

In our view, the real debate should not be as to whether armed Sea Marshals are appropriate for defense of vessels, but how to better protect shipping on a global basis. However, within the scope of this article we will focus only on the issue of arms in protecting a maritime adventure.

Where the choice is “armed protection” or “no armed protection” we aim to pro- vide clear guidelines as to how to evalu- ate the likely efficacy of weapons de- ployed and the capabilities of those em- ployed to use them.

We shall also provide some practical considerations in relation to rules of en- gagement and responsibility. In our view, the employment of armed guards does not, and should never allow the delega- tion of responsibility for their actions, or the accountability for the consequences from the employer.

THE RISK ASSESSMENT

The start point in the decision making process as to whether to employ armed support for a maritime adventure should be based on a full understanding of the risks that must be mitigated. In the con- text of this article this is piracy, or per- haps more accurately, the unauthorized access to a vessel of unknown persons with a view to detaining the crew, ship and cargo for ransom of some kind, or the removal of cargo and / or possessions of value. (This covers situations globally).

While this risk is not exclusive to the

Gulf of Aden or Indian Ocean the issue, and in particular the cost to stakeholders, is more pronounced in this region; there- fore, we will concentrate on Somali pi- rates and their modus operandi.

It is fundamentally important to under- stand the MO (modus operandi) of pi- rates and their training and equipment; indeed, without an understanding any de- cision is likely to be flawed. Also, and in relation to Somali pirates, the debate as to whether they are actually pirates or ter- rorists, in the context of defending against them, is purely academic and has more to do with political agendas than providing a solution to the problem, and has no place in the threat assessment other than help define their motivation.

The problem in the Gulf is primarily a land-based issue and will be resolved ul- timately, if ever, with a political and eco- nomic solution in what is called Somalia.

It is important to acknowledge that piracy is also an economic or commercial proposition and attacking its commer- ciality is important. Somali pirates range from the poorly equipped criminal op- portunist to the highly organized groups employing mother ships and a variety of weapons and tactics. The fundamental issue is what can be done to protect the integrity of the maritime adventure in the most cost-effective way and which will be applicable in all risk areas.

In any risk assessment, it is advisable to look at the situation from the attacker’s

Are Weapons the Answer to

Piracy? by Andrew Kain, CEO and Ric Filon, Director Maritime Services, AKE Ltd (Photo: Getty Images)