Back
About RSIS
Introduction
Building the Foundations
Welcome Message
Board of Governors
Staff Profiles
Executive Deputy Chairman’s Office
Dean’s Office
Management
Distinguished Fellows
Faculty and Research
Associate Research Fellows, Senior Analysts and Research Analysts
Visiting Fellows
Adjunct Fellows
Administrative Staff
Honours and Awards for RSIS Staff and Students
RSIS Endowment Fund
Endowed Professorships
Career Opportunities
Getting to RSIS
Research
Research Centres
Centre for Multilateralism Studies (CMS)
Centre for Non-Traditional Security Studies (NTS Centre)
Centre of Excellence for National Security
Institute of Defence and Strategic Studies (IDSS)
International Centre for Political Violence and Terrorism Research (ICPVTR)
Research Programmes
National Security Studies Programme (NSSP)
Social Cohesion Research Programme (SCRP)
Studies in Inter-Religious Relations in Plural Societies (SRP) Programme
Other Research
Future Issues and Technology Cluster
Research@RSIS
Science and Technology Studies Programme (STSP) (2017-2020)
Graduate Education
Graduate Programmes Office
Exchange Partners and Programmes
How to Apply
Financial Assistance
Meet the Admissions Team: Information Sessions and other events
RSIS Alumni
Outreach
Global Networks
About Global Networks
RSIS Alumni
Executive Education
About Executive Education
SRP Executive Programme
Terrorism Analyst Training Course (TATC)
International Programmes
About International Programmes
Asia-Pacific Programme for Senior Military Officers (APPSMO)
Asia-Pacific Programme for Senior National Security Officers (APPSNO)
International Conference on Cohesive Societies (ICCS)
International Strategy Forum-Asia (ISF-Asia)
Publications
RSIS Publications
Annual Reviews
Books
Bulletins and Newsletters
RSIS Commentary Series
Counter Terrorist Trends and Analyses
Commemorative / Event Reports
Future Issues
IDSS Papers
Interreligious Relations
Monographs
NTS Insight
Policy Reports
Working Papers
External Publications
Authored Books
Journal Articles
Edited Books
Chapters in Edited Books
Policy Reports
Working Papers
Op-Eds
Glossary of Abbreviations
Policy-relevant Articles Given RSIS Award
RSIS Publications for the Year
External Publications for the Year
Media
Cohesive Societies
Sustainable Security
Other Resource Pages
News Releases
Speeches
Video/Audio Channel
External Podcasts
Events
Contact Us
S. Rajaratnam School of International Studies Think Tank and Graduate School Ponder The Improbable Since 1966
Nanyang Technological University Nanyang Technological University
  • About RSIS
      IntroductionBuilding the FoundationsWelcome MessageBoard of GovernorsHonours and Awards for RSIS Staff and StudentsRSIS Endowment FundEndowed ProfessorshipsCareer OpportunitiesGetting to RSIS
      Staff ProfilesExecutive Deputy Chairman’s OfficeDean’s OfficeManagementDistinguished FellowsFaculty and ResearchAssociate Research Fellows, Senior Analysts and Research AnalystsVisiting FellowsAdjunct FellowsAdministrative Staff
  • Research
      Research CentresCentre for Multilateralism Studies (CMS)Centre for Non-Traditional Security Studies (NTS Centre)Centre of Excellence for National SecurityInstitute of Defence and Strategic Studies (IDSS)International Centre for Political Violence and Terrorism Research (ICPVTR)
      Research ProgrammesNational Security Studies Programme (NSSP)Social Cohesion Research Programme (SCRP)Studies in Inter-Religious Relations in Plural Societies (SRP) Programme
      Other ResearchFuture Issues and Technology ClusterResearch@RSISScience and Technology Studies Programme (STSP) (2017-2020)
  • Graduate Education
      Graduate Programmes OfficeExchange Partners and ProgrammesHow to ApplyFinancial AssistanceMeet the Admissions Team: Information Sessions and other eventsRSIS Alumni
  • Outreach
      Global NetworksAbout Global NetworksRSIS Alumni
      Executive EducationAbout Executive EducationSRP Executive ProgrammeTerrorism Analyst Training Course (TATC)
      International ProgrammesAbout International ProgrammesAsia-Pacific Programme for Senior Military Officers (APPSMO)Asia-Pacific Programme for Senior National Security Officers (APPSNO)International Conference on Cohesive Societies (ICCS)International Strategy Forum-Asia (ISF-Asia)
  • Publications
      RSIS PublicationsAnnual ReviewsBooksBulletins and NewslettersRSIS Commentary SeriesCounter Terrorist Trends and AnalysesCommemorative / Event ReportsFuture IssuesIDSS PapersInterreligious RelationsMonographsNTS InsightPolicy ReportsWorking Papers
      External PublicationsAuthored BooksJournal ArticlesEdited BooksChapters in Edited BooksPolicy ReportsWorking PapersOp-Eds
      Glossary of AbbreviationsPolicy-relevant Articles Given RSIS AwardRSIS Publications for the YearExternal Publications for the Year
  • Media
      Cohesive SocietiesSustainable SecurityOther Resource PagesNews ReleasesSpeechesVideo/Audio ChannelExternal Podcasts
  • Events
  • Contact Us
    • Connect with Us

      rsis.ntu
      rsis_ntu
      rsisntu
      rsisvideocast
      school/rsis-ntu
      rsis.sg
      rsissg
      RSIS
      RSS
      Subscribe to RSIS Publications
      Subscribe to RSIS Events

      Getting to RSIS

      Nanyang Technological University
      Block S4, Level B3,
      50 Nanyang Avenue,
      Singapore 639798

      Click here for direction to RSIS

      Get in Touch

    Connect
    Search
    • RSIS
    • Publication
    • RSIS Publications
    • CO08107 | Security at Sea: Can Anything be Done at the Somali Coast?
    • Annual Reviews
    • Books
    • Bulletins and Newsletters
    • RSIS Commentary Series
    • Counter Terrorist Trends and Analyses
    • Commemorative / Event Reports
    • Future Issues
    • IDSS Papers
    • Interreligious Relations
    • Monographs
    • NTS Insight
    • Policy Reports
    • Working Papers

    CO08107 | Security at Sea: Can Anything be Done at the Somali Coast?
    Jane Chan Git Yin, Sam Bateman

    06 October 2008

    download pdf

    Commentary

    Three months since it was put to a vote, it was obvious that the United Nations Resolution 1816 (2008) did not work as intended. Warships are now clearly present in Somali waters, yet they are not much of a deterrence to the number of hijacking incidences.

    WATERS OFF the coast of lawless Somalia are currently one of the world’s most dangerous shipping zones. Piracy cases have become more frequent and their perpetrators more brazen. The surge in maritime hijackings for ransom has led France, the United Kingdom and Panama to initiate a UN Security Council resolution that would authorize countries to fight piracy and to arrest pirates in Somali waters. In June this year, the Security Council voted and unanimously agreed to UN Resolution 1816 (2008), which allows countries with consent of the Somalia’s interim government to use any means to repress acts of piracy.

    Essentially, Resolution 1816 authorizes countries to enter Somali territorial waters and use “all necessary means to identify, deter, prevent and repress acts of piracy and armed robbery” by boarding, searching and seizing suspect vessels and arresting the perpetrators. The key conditions require states taking such action to cooperate with Somalia’s interim government and to notify the UN Secretary General.

    The presence of an international coalition of warships has reportedly assisted in repressing potential attacks. The United States Navy established a Maritime Security Patrol Area in August this year, which creates a safe passage for ships. Coalition navies secure this safe passage through surface patrols and air-surveillance. This is an interim solution whilst the International Maritime Organization and the shipping industry work towards a long term solution. Unfortunately, this effort did not seem to deter daring attacks.

    Only good on paper

    Three months since Resolution 1816 was put to vote, the effectiveness of the UN move remains questionable. Warships of various nationalities are now clearly present in Somali waters, yet they have not provided much deterrence. There has been no let up in the number of hijacking incidences. There has even been an increase in violence during such attacks. The limitations on what action warships may take under international and national laws are a major problem as they restrict the effectiveness of the response. For example, in a recent incident, a Danish warship released pirates caught “red-handed” because it would not be possible to prosecute them under Danish law.

    The International Maritime Bureau Piracy Reporting Centre has thus far reported over 60 attacks on vessels this year in Somali waters, predominantly in the Gulf of Aden. The most recent attack involved the hijacked-for-ransom of a Ukrainian freighter carrying military tanks and weapons. Even though the perpetrators were quickly surrounded by foreign warships, there was no indication that they were willing to release the freighter without ransom being paid. It is almost as if the pirates were provoking a military response. Although the pirates had clearly indicated that all they wanted was the ransom, there were real concerns that the military hardware on the hijacked freighter might fall into the wrong hands.

    A high profile retaliation in mid-September saw the French navy operate unilaterally, rescuing two French hostages from the hands of the Somali pirates, killing one pirate and capturing six others in the process. This is not the first time France has taken an aggressive and proactive approach when dealing with pirates. Earlier in April this year, French military forces had chased fleeing pirates onto Somalia’s shores, capturing them overland and extraditing them to France to be tried. That French adventure in many ways contributed to the initiation of Resolution 1816. The French initiative, to some, had effectively challenged the principle of state sovereignty.

    To act or not to act

    Few questions remained to be answered. Who should be the first to act or react in such harsh shipping conditions? In any case, is relying on foreign military intervention the best bet the shipping industry has in ensuring safe passage along the Somali coast? In posing these questions, it is not intended to judge the contribution of the coalition of navies now on duty in those treacherous waters. But one needs to consider the effectiveness and the practical extent of the military rules of engagement especially when the proponents they are pitted against are not state actors and no war has thus far been declared.

    Conversely, is it reasonable to ask victimized ship operators not to negotiate and pay ransom to the pirates, when the safety and security of their assets and crews are at stake? In any case, ship operators are often reminded that they have to take all necessary precautions, to ensure the safety and security of their vessels at all times. For some, private security services had been hired, and for the unfortunate, ransoms had been paid. Ship operators are increasingly adopting self-help approaches at their own expense. No doubt the main criticism is that by paying the ransom, it only perpetuates the problem, but in the meantime, who is able to help?

    Following the Straits of Malacca model

    There are loud and clear calls from user states, ship operators and security analysts alike for more to be done by the coalition navies present in Somali waters. In fact, many advocate more warships to be deployed within the required rules of engagement. They often argue that the UN Convention on the Law of the Sea (UNCLOS) and Resolution 1816 should be enough to allow for repressive actions against pirates in Somali waters. Others believe that more resources should be invested to enhance current naval capability in anti-piracy operations. All in all, many believe that military intervention will be the most effective in purging pirates in those infested waters, pronto.

    A long term solution calls for a regional cooperative mechanism, much like the current framework implemented in the Straits of Malacca, to be put in place along the Gulf of Aden. Similarly, it should aim to provide constant patrols and surveillance and, when need be, effective enforcement.

    Given the current political climate, it may be highly challenging for Somalia to garner enough political will and financial support to initiate the effort. As with the successful cooperative efforts in the Straits of Malacca, firm regional resolve, coupled with strong international support and relevant international law and national legislation, may prove to be the key to maintaining order in the waterways.

    About the Authors

    Jane Chan is Associate Research Fellow and Sam Bateman is Senior Fellow at the S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University. They are with the Maritime Security Programme. 

    Categories: RSIS Commentary Series / Maritime Security

    Commentary

    Three months since it was put to a vote, it was obvious that the United Nations Resolution 1816 (2008) did not work as intended. Warships are now clearly present in Somali waters, yet they are not much of a deterrence to the number of hijacking incidences.

    WATERS OFF the coast of lawless Somalia are currently one of the world’s most dangerous shipping zones. Piracy cases have become more frequent and their perpetrators more brazen. The surge in maritime hijackings for ransom has led France, the United Kingdom and Panama to initiate a UN Security Council resolution that would authorize countries to fight piracy and to arrest pirates in Somali waters. In June this year, the Security Council voted and unanimously agreed to UN Resolution 1816 (2008), which allows countries with consent of the Somalia’s interim government to use any means to repress acts of piracy.

    Essentially, Resolution 1816 authorizes countries to enter Somali territorial waters and use “all necessary means to identify, deter, prevent and repress acts of piracy and armed robbery” by boarding, searching and seizing suspect vessels and arresting the perpetrators. The key conditions require states taking such action to cooperate with Somalia’s interim government and to notify the UN Secretary General.

    The presence of an international coalition of warships has reportedly assisted in repressing potential attacks. The United States Navy established a Maritime Security Patrol Area in August this year, which creates a safe passage for ships. Coalition navies secure this safe passage through surface patrols and air-surveillance. This is an interim solution whilst the International Maritime Organization and the shipping industry work towards a long term solution. Unfortunately, this effort did not seem to deter daring attacks.

    Only good on paper

    Three months since Resolution 1816 was put to vote, the effectiveness of the UN move remains questionable. Warships of various nationalities are now clearly present in Somali waters, yet they have not provided much deterrence. There has been no let up in the number of hijacking incidences. There has even been an increase in violence during such attacks. The limitations on what action warships may take under international and national laws are a major problem as they restrict the effectiveness of the response. For example, in a recent incident, a Danish warship released pirates caught “red-handed” because it would not be possible to prosecute them under Danish law.

    The International Maritime Bureau Piracy Reporting Centre has thus far reported over 60 attacks on vessels this year in Somali waters, predominantly in the Gulf of Aden. The most recent attack involved the hijacked-for-ransom of a Ukrainian freighter carrying military tanks and weapons. Even though the perpetrators were quickly surrounded by foreign warships, there was no indication that they were willing to release the freighter without ransom being paid. It is almost as if the pirates were provoking a military response. Although the pirates had clearly indicated that all they wanted was the ransom, there were real concerns that the military hardware on the hijacked freighter might fall into the wrong hands.

    A high profile retaliation in mid-September saw the French navy operate unilaterally, rescuing two French hostages from the hands of the Somali pirates, killing one pirate and capturing six others in the process. This is not the first time France has taken an aggressive and proactive approach when dealing with pirates. Earlier in April this year, French military forces had chased fleeing pirates onto Somalia’s shores, capturing them overland and extraditing them to France to be tried. That French adventure in many ways contributed to the initiation of Resolution 1816. The French initiative, to some, had effectively challenged the principle of state sovereignty.

    To act or not to act

    Few questions remained to be answered. Who should be the first to act or react in such harsh shipping conditions? In any case, is relying on foreign military intervention the best bet the shipping industry has in ensuring safe passage along the Somali coast? In posing these questions, it is not intended to judge the contribution of the coalition of navies now on duty in those treacherous waters. But one needs to consider the effectiveness and the practical extent of the military rules of engagement especially when the proponents they are pitted against are not state actors and no war has thus far been declared.

    Conversely, is it reasonable to ask victimized ship operators not to negotiate and pay ransom to the pirates, when the safety and security of their assets and crews are at stake? In any case, ship operators are often reminded that they have to take all necessary precautions, to ensure the safety and security of their vessels at all times. For some, private security services had been hired, and for the unfortunate, ransoms had been paid. Ship operators are increasingly adopting self-help approaches at their own expense. No doubt the main criticism is that by paying the ransom, it only perpetuates the problem, but in the meantime, who is able to help?

    Following the Straits of Malacca model

    There are loud and clear calls from user states, ship operators and security analysts alike for more to be done by the coalition navies present in Somali waters. In fact, many advocate more warships to be deployed within the required rules of engagement. They often argue that the UN Convention on the Law of the Sea (UNCLOS) and Resolution 1816 should be enough to allow for repressive actions against pirates in Somali waters. Others believe that more resources should be invested to enhance current naval capability in anti-piracy operations. All in all, many believe that military intervention will be the most effective in purging pirates in those infested waters, pronto.

    A long term solution calls for a regional cooperative mechanism, much like the current framework implemented in the Straits of Malacca, to be put in place along the Gulf of Aden. Similarly, it should aim to provide constant patrols and surveillance and, when need be, effective enforcement.

    Given the current political climate, it may be highly challenging for Somalia to garner enough political will and financial support to initiate the effort. As with the successful cooperative efforts in the Straits of Malacca, firm regional resolve, coupled with strong international support and relevant international law and national legislation, may prove to be the key to maintaining order in the waterways.

    About the Authors

    Jane Chan is Associate Research Fellow and Sam Bateman is Senior Fellow at the S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University. They are with the Maritime Security Programme. 

    Categories: RSIS Commentary Series / Maritime Security

    Popular Links

    About RSISResearch ProgrammesGraduate EducationPublicationsEventsAdmissionsCareersVideo/Audio ChannelRSIS Intranet

    Connect with Us

    rsis.ntu
    rsis_ntu
    rsisntu
    rsisvideocast
    school/rsis-ntu
    rsis.sg
    rsissg
    RSIS
    RSS
    Subscribe to RSIS Publications
    Subscribe to RSIS Events

    Getting to RSIS

    Nanyang Technological University
    Block S4, Level B3,
    50 Nanyang Avenue,
    Singapore 639798

    Click here for direction to RSIS

    Get in Touch

      Copyright © S. Rajaratnam School of International Studies. All rights reserved.
      Privacy Statement / Terms of Use
      Help us improve

        Rate your experience with this website
        123456
        Not satisfiedVery satisfied
        What did you like?
        0/255 characters
        What can be improved?
        0/255 characters
        Your email
        Please enter a valid email.
        Thank you for your feedback.
        This site uses cookies to offer you a better browsing experience. By continuing, you are agreeing to the use of cookies on your device as described in our privacy policy. Learn more
        OK
        Latest Book
        more info