5th Fleet Focus: Legal Confusion For Piracy is International

Imagine a world where there is an international legal problem there are apparently NOT enough lawyers for. We have a winner!

This is a really good article giving an update on the Canadian naval forces operating in Task Force 150 managing the piracy problem in the Indian Ocean. We particularly like how this article reinforces the reality that in the modern age, fighting piracy is just as complicated politically as it is tactically.

However, what to do with pirates once they are caught remains a thorny issue.

"We are military people, not law-enforcement people," Davidson said. "We are not trained in evidence gathering and the connection between crime and punishment...

"Who is going to try them? Do we hand them over to another nation? Look at all the problems we have had in Canada with capturing Afghans in Afghanistan and handing them over to Afghan authorities. Do Canadians want us to capture pirates off the coast of Somalia and bring them home to Canadian prisons for 20 years and (deal with) all their claims for refugee status in Canada, to say nothing of the cost?"

"We have chased pirates," he said. "If you catch them before the crime (as a helicopter from the Calgary did, scaring them off) that is probably a good circumstance because there probably is no legal basis or obligation to charge them."

If Canadian sailors catch pirates who have seized a ship or are trying to board it, "My plan is to call home and say, 'I have a problem. What would you like me to do about it?' " Davidson said. "You can be sure any solution would involve the political level in our country."

It is never a good thing when the political and legal structure for fighting piracy is less complicated when pirates are dead rather than alive, or it is politically better to not catch pirates than to catch them. We are unaware of the Canadians making any arrests to date. It is dishonest to suggest the US Navy takes Somalian piracy seriously, they see it as background noise to be handled by coalition partners.

Another interesting example of political confusion fighting piracy is Germany, who announced this week they will not be sending a ship to replace FGS Emden (F210) when it leaves the region. Germany's laws prevent their Navy from taking any action against pirates, and believe it or not, the reason is because the German government cannot even find consensus on the issue of maritime piracy!

We intentionally cut out a couple of paragraphs that belong in that above quote. Those paragraphs are extremely relevant, but will be used as part of another discussion.