New Tools in Anti-Drug Smuggling Operations Hark Back to Early 1800s

CNN is reporting on a new method of fighting drug smuggling in the Gulf of Mexico. The story notes that "Though maritime law requires drug-trafficking crews in distress to be rescued, the crews are usually released without prosecution, because of a lack of physical evidence. But under the new law, no physical evidence is necessary. Just being on board a drug sub is proof enough." This is a similar - but not identical - approach to that taken by the Royal Navy in combating maritime slave trading in the early 19th century. By treaty between the English and Dutch in 1822 (and Britain and other nations, dyadically) ships captured slaving were subject to seizure and disposal, their crews subject to trial on slavery charges. In order to prevent ships from 'getting rid of the evidence' by dumping slaves overboard if they suspected they might be seized, a clause was added called the "equipment clause." By this clause, any ship which contained items from a list of restricted equipment (such as manacles, extra bulkheads, extra water storage, locking compartments, etc.) was to be considered a slaving ship and the crew and vessel disposed of as slavers per the treaty terms.

This new law, which states that crew members observed aboard a semi-submersible vessel in international waters can be prosecuted, was enacted to cope with the habit smugglers have developed of scuttling their vessels and awaiting rescue when approached by Coast Guard or Navy vessels. By defining service aboard these specific types of vessels as constituting criminality, a new 'equipment clause' has come into effect. We've already seen a less-formal version of this approach to maritime criminality off Somalia, where various navies have declared that the presence of shoulder arms aboard vessels will allow the crew to be treated as pirates. That policy has caused some problems, given that some vessels do carry arms for defense, but if we are to take the antislavery effort of the 1800s as an example, it can be an effective tool in fighting maritime criminal activity. In order for it to be effective, however, the policy should be formally agreed on by all active participants and published - so that enforcement can be consistent and persistent.

Image of a Mexican narco sub from Wikipedia commons