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Summit - Piracy

"Piracy is the act of boarding any vessel with an intent to commit theft or any other crime, and with an intent or capacity to use force in furtherance of that act."
-International Maritime Bureau

Pirates – Black Beard, Henry Morgan, William Kidd and ancestors to The Pirate Bay. Cool, outdated and enemy to Ninjas.
However, $13-16 billion is lost every year through modern piracy on international waters. The Kenyan Foreign Ministry estimates that Somalian pirates alone have taken $150milllion in ransom payments over the years. With the higher costs consumers face as shipping and security firms pass on the costs of avoiding pirates and paying ransoms, it has cost the world $60-70million in 2008 alone.

Maritime piracy, defined by the United Nations Convention on the Law of the Sea (UNCLOS), consists of any criminal acts of violence, detention or depredation committed for private ends by the crew or passengers of a private ship or aircraft that is directed on the high seas against another ship, aircraft or persons or property on board them. It is also illegal to voluntarily participate in the operation of pirate ships and aircraft if you are aware that they are pirate ships/aircraft. It is also illegal to incite or intentionally facilitate the above.

Most pirate attacks occur where around ex-colonies and poorer states. This is due to both the poverty in these areas and the lack of a Navy able to combat high seas piracy. Such as Somalia or the Strait of Malacca (the Strait accounts for 40% of world piracy).

While the Straits are less infamous than Somalia, they are a huge problem in the area. Indonesia, Malaysia and Singapore have taken great steps to co-operate against piracy. India has joined as well, and is starting a UAV (Unmanned Arial Vehicle) base in the Andaman and Nicobar Islands.

The fault is also that of the fleets. With most of the world’s tonnage flying under flags of convenience such as Panama, Honduras or Liberia, why should these states intercede? How could they? The Panamanian navy cannot stop Pirates in Somalia, nor bring them to trial.

Since the end of the Cold War, the Russian, American and British navies have taken nosedives. These previously omnipresent guardians are no longer around to defend against rouge agents.

Piracy even affects our work at the UN. Somali pirates attack UN food and aid ships. If there were no Pirates, Somalia as a whole could improve.

There are further considerations – Waste dumping is prolific in Puntland, where most Somalian Pirates originate, primarily by European companies paying off Warlords. Illegal Fishing exacerbates the problem.

Though, we must also note that political hijackings are not piracy. Under international law, currently, it must be for private (primarily financial) reasons. The case of the http://en.wikipedia.org/wiki/Achille_Lauro#1985_hijacking
shows this, and also demonstrates difficulties between states in deciding jurisdiction.
Jurisdiction is the key problem – under the law of “extra territorium jus dicenti impune non paretur” or “he who administers justice outside of his territory is disobeyed with impunity” any Naval authority or court without jurisdiction over the pirates and yet tries to put them on trial, can be disobeyed without punishment.
The Law needs MAJOR reform. Most states only have jurisdiction over their own citizens and Somalia is in no shape to try pirates. Currently, the Dutch attempt to try Pirates with a 17th Century law against “Sea Robbery”. NATO has no detention policy, unlike the EU. We cannot attempt to infringe the freedom of the high seas.
An International law against piracy, clearly setting out where the responsibility to try a suspected pirate lies, is needed. Perhaps international jurisdiction, an international court, international prison or international nationality is required.
We must also scale back some laws. The British Foreign Office advised against detaining Pirates, since if their home nations had laws involving death or torture for the crime of piracy, human rights legislation could be used to give them political asylum in the UK.

Much has already been done (in Real Life).
United Nations Security Council Resolution 1674 reaffirms the UN’s commitment to the principle of Universal Jurisdiction. This means that all nations can try criminals for certain crimes, from Genocide to Maritime Piracy, since these criminals are Hostis Humani Generis or Enemies of Mankind.
UNSC Resolution 751 formed an Arms Embargo against Somalia.
UNSC Resolution 1838 calls on all nations to use military force against Pirates in the Somalian area. The law of Hot Pursuit allows these ships to travel into Somalian national waters.
France wanted these resolutions to deal with other regions with Pirate problems such as West Africa, but were opposed by Vietnam, Libya and China (who wanted the sovereignty infringement limited to Somalia).
UNSC Resolution 1851 allows military force against Somalian Pirates on sea, air and land, actually onto Somalian land.
http://www.un.org/News/Press/docs/2008/sc9541.doc.htm
India is one of the main contributors to anti-piracy efforts in Somalia - http://news.bbc.co.uk/1/hi/world/south_asia/7741287.stm
http://en.wikipedia.org/wiki/Piracy_in_Somalia#Anti-piracy_measures features military measures and deployments in Somalia.

As such I call on all nations to endeavour to combat these dangers. And the causes behind it. According to the World Bank, as many as 73% of Somalis live on less than $2 a day.

Reply 1

Mrgd291190

Welcome one and all to the first MUN Summit! Topic:-Piracy.

I highly recommend the drafting of a new treaty, a string of Resolutions (two on Somalia, one on the Strait of Malacca etc) or a plan of action similar to, though simpler than, this one on Sudan.

Some visual guides to the problem

Reply 2

Mrgd291190

The situation has worsened even since I wrote the OP.

http://news.bbc.co.uk/1/hi/world/africa/8157371.stm

Reply 3

Student2806

Almost all instances of piracy occur in the Global South - the developing world. It is not a coincidence that it is not present in the seas and oceans around developed countries, and this is a clear indication that perpetrators of piracy are forced to turn to this shady business in order to survive.
In France's view, combatting piracy only with the use of military force is a short-sighted solution. It may protect the lives of merchant sailors, but it helps no one in the long term.
The international community must work to solve the root of the problem - poverty. In the case of Somalia, the country needs a stable political regime which will facilitate and aid positive development and growth in its economy. If the Somalian people live in a more prosperous country, piracy off the waters of the country will undoubtedly fall.

Reply 4

username280380

Student2806

As well as this Piracy still occurs in the Mediterranean and, Malta is still struggling to try and stop it. The problem is that country's need help.

Reply 5

Student2806

Afcwimbledon2

As well as this Piracy still occurs in the Mediterranean and, Malta is still struggling to try and stop it. The problem is that country's need help.

Does Malta have any links to information regarding piracy in the Mediterranean?
[OOC: I've looked but all I get is stuff about the past or digital piracy :s-smilie:

]

Reply 6

thunder_chunky

If there are big cruise ships going through those channels, or commercial or company freighters then perhaps train various members to use arms.

Or on the commercial ships put in anonymous people armed. A maritime version of air marshals of sorts.

I would love to say mount grenade launchers on the ships to fry them, however for obvious reasons many countries dislike armed ships coming into their docks.

And when I mean armed I don't mean a few guns here and there although I'm sure some countries would disagree with that, I mean slightly heavy weaponry.

Reply 7

Radgebanter

As a landlocked country the Federal Republic of Austria does not directly have troubles with piracy, but as a nation we are affected by it. Our imports and exports pass through straights where pirates opperate and our citizens are at risk when traveling on civilian vessels through this area.
Not having a navy means we can't offer protection to imports/exports ourself, but if the situation is not resolved we may have to place security officials on ships with cargo bound for Austria to protect crew and economic interests.
We in Austria agree with arming ships to combat the direct and sometimes violent threats to cargo and crew, but we agree with the honourable representitive for France in their view that the reason why people are turning to piracy needs to be addressed and resolved from the root of the issue.

The United Nations Office on Drugs and Crime (UNODC) is taking a clear interest in Piracy as a criminal matter.
The UNODC has been engaged in the process of finding an adequate response to the challenge of piracy off the coast of Somalia and other areas over the past few months. The main focus has been on strengthening the justice system in countries of the region so that suspected pirates can be brought to trial and feel the full force of the legal system.
The UNODC is offering its full support to areas affected, including by providing assistance to the justice services, carrying out specialized training for police and maritime authorities and providing support to witnesses and in trial procedures and prison management.
One again we do see this as a social issue, which needs to be helped from not only a political and judical stand point, but also a social one.

Reply 8

jakemittle

I am interested in this as it has affected Nigeria a lot. But I am not sure what can be done about it?...Maybe we can go to the source of the problem and develop those communities. It seems like the majority of the people who go into piracy do so, because they have no other option. For example, Somalia. Pirates can get up to $4 million from a single random..that sort of money compared to the wages earned in Somalia is in-comparable. However, if we helped these communities, made it safer etc..then maybe potential pirates would be swayed the other way. Using military power against this will not work.
This is Nigeria's position on the situation

Oh, and I must say Malta, the breakfast was superb! [ooc] :biggrin:

[/ooc]

Reply 9

Musty_Elbow

Student2806

The Kingdom of Saudi Arabia would like to warn those in the Western World against meddling in domestic affairs of countries.

Saudi Arabia supports greater UN policing of the waters, however any involvement in domestic policy of the afffected countries will not be supported. The way forward is not to enforce legislation on a democratically elected country but to instead aid externally, and hope that internally things change.

Saudi Arabia often uses the effected routes for distribution of its oil, and therefore strong action is required. All nations (not just the wealthy) must contribute to the policing of specific routes, which should be called into international territory rather than that of one nation. It is a lack of consistency which causes problems. A UN Sea Policing Unit could police all international routes.

Reply 10

taigan

The Republic of Turkey also understands the importance of protecting trading vessels from pirate attacks. This delegate understands that Piracy (and all attempts at piracy) will not halt until these developing nations become more wealthy and the quality of life inside these nations improves. However, this process will not occur overnight, and requires years of constant effort. The Republic of Turkey feels these piracy acts are unacceptable no matter what conditions these pirates live in and the UN must take matters into their own hands to prevent it becoming widespread.

The Republic of Turkey suggests equipping vessels with military equipment and trained men. To ease tensions of these nations with these militarized ships, a treaty must be made to explain to nations the responsibility of this military force, give them the opportunity to hire their own soldiers to defend these ships and also to perhaps restrict the accessibility these ships have in foreign nations (allow to dock in certain guarded areas, establishing clear routes that are easily defendable etc.) Communication and co-operation are key.

Reply 11

Student2806

mattbroon

France is not suggesting that Western powers "meddle" in the internal politics of countries affected by piracy.
What the international community must do is support and aid wherever possible the political stabilisation of countries - Somalia in particular - in order for them to be able to stand on their own feet and combat the roots of piracy from within its own borders.
When we look at Somalia, the Transitional Federal Government has virtually no power or influence, and the country has been ruled for many years by tribes and warlords. When a country has a lack of law and order like Somalia has, it is inevitable that practices such as piracy emerge.

Reply 12

jakemittle

Student2806

Mhm, but then they are currently not being helped by the Islam extremists, if France wanted to support Somalia, i'm guessing supporting the Transitional Federal Government, then how would France propose they deal with the Extremists, considering the amount of power it has?...Also, the north of Somalia, Somaliland declared independence in 1991. So the UN must consider this problem as well, or else civil war will be inevitable.
In Nigeria's view, these problems should be solved first before the pirate situation can be solved, although its not a must. It would just make addressing the pirate situation in Somalia a lot easier.

Reply 13

veggie4life

The Netherlands plays a key role in fighting piracy and we were key to influencing the European Union to adopt a task force to tackle the situation. Along with the United Kingdom we have worked with the UN drugs office to look at local initatives.

The Kingdom of the Netherlands has also worked tirelessly to stengthen ties with Countries outside of our normal alliances in an attempt to fight this most serious of dangers. In recent months we have worked with China, India, Japan, Russia and South Korea and will continue to do so.

We have also met with the US in recent months to discuss how we can tackle this issue.

We do feel strongly however that this issue is made extremely hard to combat by the severe lack of power both the EU and the UN reserve. Both are powerless to act other than pushing for implementation of the djiobuti agreement.

A lack of global uniformity exasperates the problem of piracy and whilst the Netherlands has made arangements with kenya in the prosecution of pirates it is of great concern as to how long Kenya can be expected to continue placing this excessive burden on their judical system.

I think a recent case here in The Netherlands is a reminder to all members as to why people feel the need to turn to piracy. We recently placed on trial five somali pirates one of whom freely admitted that he much prefered life in a dutch prison cell to life back in somalia. The prosecution of pirates should deter people from such criminal acts but with pirating countries in such dire states this is often not the case.

On behalf of the Dutch Minister for foreign affairs, Maxime Verhagen I would like to pass on the following statement:

"the Netherlands has proposed that a piracy tribunal be established by a UN Security Council resolution under Chapter VII. This tribunal would be set up with international assistance and would be located in the region. Several countries have responded favourably: Germany and the Russian Federation in particular would like to pursue the idea. We are happy to work with them and others, including of course states in the region. This is why we invited legal experts from the Contact Group countries to an informal discussion recently in The Hague on creating an international judicial mechanism. Nineteen states and three international organisations contributed their thoughts on the steps that are needed to create a tribunal."

We will continue as we have done in the past to play a key and original role in the fight against piracy.

Reply 14

Azzer

Iran would like to ensure all countries within the MUN are active within this Summit, as no action can be taken unless the countries most effected by the piracy partake in the Summit.

Reply 15

Mrgd291190

We thank the Representative for Iran for his support and encourage a good turnout.

Reply 16

Captain Biggles

The US has been discussing and debating this problem for some time as it becomes more and more apparent that piracy all over the world is becoming a serious and destabilising problem. We feel that Somalia should be supported as a country and a democratic country to overcome what is certainly a socio-economic problem. We would like to see an agreement on increased aid, not just financial aid straight to the government but for projects to be set up in the country with the support of UNO to create sustainable employment as a legal alternative to these pirates. We must all understand that these men and women are only trying to make a living in a country where an economy almost doesn't exist for many.

Saying all that, however, tougher measures should also be put in place as a continuing deterrence, especially in the hot-spot pirated areas such as the Gulf of Aden. The US believes that, in conjunction with deterrences and proper employment, Somalia can rid itself of this burden and grow as a nation.

Reply 17

username280380

Malta follows the USA's position on ridding Somalia's burden and growing itself into an economically stable country.

Reply 18

taigan

The Republic of Turkey has drafted a treaty regarding the issue of Piracy. The treaty can be found here. The Republic of Turkey hopes other nations will agree with the treaty's points.