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Abstract
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In the middle of November 2008, supertanker Sirius Star was captured by Somali pirates approximately 450 nautical miles off the coast of Kenya. The pirates held the ship, cargo and crew for two months, initially demanding $25 million in ransom from the Saudi ship owner. Over time the pirates eventually settled for $3 million, delivered in cash by parachute drop. After the pirates verified and divided the ransom, they left the ship and allowed the Sirius Star to sail into safe waters. By capturing this large vessel far outside of the Gulf of Aden, the Somali pirates demonstrated they were committed to continuing their piratical regime in addition to expanding their territory.
Although piracy is not limited to the navigable waters off the Somali coast, the area has had more successful recent attacks than any other region on earth.s The success of these attacks is due in large part to the number of years the pirates have been operating in addition to the nature of the ships and cargos they hijack.
Since 1995, former fishermen from Somalia have perfected the technique of boarding ships without causing extensive damage to a vessel, cargo, or crew.6 The entire operation was treated like a business transaction, where hostages were treated well (i.e. not harmed) in exchange for a guaranteed ransom payment from a grateful ship owner or insurer. However, according to recent reports, events have become increasingly violent as the attacks against ships over the past five years have grown.
This paper will focus on U.S. and internationa1 laws that address piracy and present several alternatives, or combinations of alternatives, that may help combat the unlawful attacks on a global leveL Like all good policies, an ounce of prevention is worth a pound of cure. By negatively affecting the proportionality of the pirate "risk v. reward" ratio, a nation can protect itself from becoming an easy pirate target. ~..1oreover, by enforcing current laws against terrorism, the U.S. may use its existing policy to encourage local ship owners and insurers to find alternative means to paying ransoms to pirates. Using this combination of law and policy will force carriers, owners, and insurers to create a comprehensive strategy for preventing piracy while allowing them lawful access to a government's military force in the event of an unforeseen attack. Before addressing the legal consequences of cOll1bating piracy and sea robbery, it is important to understand its history, the law, and definitions used in U.S. and international maritime law.
Language: en |