Maritime Crime is Getting More Sophisticated
Hi everyone! We hope you are as excited for this weekend as we are! This is going to be a brief blog post addressing one of our suggested Open Agenda topics, Piracy in the Gulf of Guinea. We'll be specifically talking about what the United Nations has done in the past in order to give you all an idea of what we would like to see in committee.
According to the IMB Piracy Reporting Centre, the Gulf of Guinea led the world for piracy in 2018. Nigeria alone recorded 22 incidents. Four Russian sailors, freed after being kidnapped by pirates in the Gulf of Guinea, arrived in St. Petersburg just this past January. The United Nations anti-drugs and crime chief warned the Security Council just this month that international maritime crime is becoming "increasingly sophisticated" as criminal groups exploit jurisdiction and enforcement challenges on the high seas and pose an "immediate danger to people’s lives and safety." He added, "two-thirds of the world’s surface is ocean. Nearly all of that is beyond any State’s territorial waters and largely not subject to a single state criminal jurisdiction."
In the past, the UNODC's counter-piracy program grew largely from its relative success off the coast of Somalia, which has also been plagued by high-seas crimes. The program continues to support interregional cooperation against criminal activity at sea, including the undertaking of trials in Kenya and Seychelles, as well as the humane and secure imprisonment of convicted pirates. Recently, the program completed the first phase of the Mogadishu Prison and Court Complex, which will be handed over to the Somali Government in the future. In general, we learn that the prompt detection and response to any unauthorized movements of an anchored vessel could help in the effective response to such attacks.
"All our work at sea, where jurisdiction is complex, crime is often committed unseen, and enforcement is difficult, builds on the UNODC's long experience and research expertise in addressing all forms of organized crime, terrorism and corruption," stated the UNODC chief.
Florentina Adenike Ukonga, Executive Secretary of the Gulf of Guinea Commission, briefed the Security Council alongside the UNODC. Please take a look at her recommendations. In addition, we encourage you all to think about why maritime is becoming more sophisticated, as many in the United Nations fear. What is it about the seas that makes enforcement and regulation so difficult? Why are countries in West Africa currently struggling to cooperate and share information? How can we ameliorate this? Think about the reasons that Africans specifically in the Gulf of Guinea turn to piracy in the first place.
See you this weekend!
See you this weekend!
The United States recognizes the increasing sophistication of international maritime piracy and the complex jurisdiction that arises as a result of high seas issues, which only increases the disarray that this conflict creates. Bearing this in mind, the United States believes it mandatory to establish a Code of Conduct (CoC) to serve as a precedent for future high seas issues in the Gulf of Guinea (GoG). The new CoC would be established on the basis of the 1976 Treaty of Amity and Cooperation. This treaty provides regional capability for establishment of two joint interim working commissions. The first commission would provide the inclusion of a third party to deter future hostilities within the region of attack, and the second commission would delimitate borders on maritime jurisdiction at the moment of attack to ensure rightful prosecution. Seeing as jurisdiction of a crime at sea often becomes blurred, the second commission allows for the removal of barriers in order to establish a rightful authority within the region/ship under attack. With this in mind, we'd also like to further explore potential solutions in creating a more robust judicial sector with which maritime crimes can be prosecuted.
ReplyDeleteEthiopia agrees with the point raised by the United States about the difficulty that arises in attempting to prosecute pirates, as well as their financial backers, due to complex and often unclear regulations on jurisdiction at sea. We would be interested in an elaboration on "the removal of barriers," and would be open to exploring this topic further in committee. Ethiopia believes that solutions in this vein can be heightened by increased research into the flow of ransom money and to where it leads, as organized crime syndicates committing acts of piracy are often funded by powerful, elusive financiers. Upon discovery of a bank account or other final destination for ransom funds, the Security Council may turn over data collected to the appropriate authoritative body for adequate prosecution. When dealing with jurisdiction, it is essential we do not impede on the sovereignty of nations bordering the Gulf of Guinea in the prosecution of criminals; cooperating with countries throughout the investigative and punitive process will help ensure the UN maintains its relations with these nations. Ethiopia looks forward to possibly collaborating with the United States in the future.
ReplyDeleteThe United Kingdom recognizes the struggle existing between nations in the Gulf of Guinea against the increasing number of maritime attacks. Cooperation between the nations has been continuously urged by the UN Security Council, such as Resolution 2018 (2011), but to no avail. In cases like Somalia, piracy boomed in the past because of the lack of a functioning government. With a rise in international counter-piracy patrols and the implementation of shipping self-protection measures, Somalia was finally experiencing a decline in the number of piracy attacks. Even in the case of Nigeria and Benin, the five year Operation Fire for Fire instituted by Presidents Goodluck Jonathan and Boni Yayi in 2011 successfully stemmed piracy attacks for six months off the coasts of both nations. As stated by the UK Commons Foreign Affairs Committee, we, "as a state whose strengths and vulnerabilities are distinctly maritime," plan to continue our leading role in the fight against piracy and work with nations within this committee to re-institute regional joint cooperation measures in the Gulf of Guinea.
ReplyDeleteThe Russian Federation is obviously troubled by these developments, as we consider the safety of our nationals abroad as serious as homeland security. Furthermore Russia is frustrated by current international laws concerning maritime crime, especially those outlining jurisdiction. Because piracy is defined as occurring in non-territorial waters, and pirates usually hail from less developed nations, the burden of prosecuting and incarcerating pirates usually falls upon the victim. We believe that a system that places burdens upon the victim is unjust, and would be supportive of legislation that holds the criminal's nation more accountable, or that helps support nations who do take on this burden.
ReplyDeleteThe Delegation of Peru sees where the Russian Federation is coming from, and would like to build on these sentiments. While the topic of long-term legislation may be more agreeable in committee, the more controversial one is short-term military action. As delegates of the Security Council, we can individually involve ourselves in the affairs of the GoG. This would not infringe upon the states' sovereignty because these are international waters. Although West African States have made commendable efforts through the Economic Community of West African States (ECOWAS) Commission, what sets this issue apart from other cases of piracy is the increasing strategical prowess of the pirates. Intelligence networks will not suffice. And current states' military and navies have struggled to keep up with these gangs' meticulously planned attacks. Consequently, Peru contends that the only effective route of short-term resolution is by increasing our assets in the region, with the permission of Gulf states, to shorten piracy response times. Peru is eager to hear all of your thoughts on this in committee, and hopes to work with the Russian Federation if they are in agreement.
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