PIRACY Lucie Konečná GLCb2026 Africas Contemporary Security Challenges 17/4/2024 Piracy - Definition • "Piracy is unlawful depredation at sea involving the use or threat of violence and possibly, but not necessarily robbery.,, (Murphy 2008: 7). • 1982 - United Nations Convention on the Law of the Sea (UNCLOS): a. Any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: i. On the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft. ii. Against a ship, aircraft, persons or property in a place outside the jurisdiction of any state. b. Any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. c. Any act of inciting or of intentionally facilitating an act described in subparagraph (a) or(b). Piracy - Definition • IMO "Code of Practice for the Investigation of Crimes of Piracy and Armed Robbery against Ships" defines Armed Robbery as: Armed robbery against ships means any of the following acts: 1. any illegal act of violence or detention or any act of depredation, or threat, other than an act of piracy committed for private ends and directed against a ship or against or property on board such a ship, within a State's internal waters, archipelagic waters and territorial sea; 2. any act of inciting or of intentionally facilitating an act described above. • To overcome the distinctions between piracy and armed robbery at sea, the IMO has combined the two terms in a single definition: „An act of boarding or attempting to board any ship with the apparent intent or capability to use force in the furtherance of that act." Piracy - Definiton • Under the definitions of Piracy or Armed Robbery, the IMO reports incidents as follows: 1. Boarded: An illegal act of perpetrators successfully gaining access onto the vessel. 2. Hijacked: An illegal act of perpetrators successfully gaining access onto the vessel and taking over the control of the vessel from the Master and crew. 3. Fired Upon: An illegal act of perpetrators discharging weapons towards the vessel while attempting to gain access onto the vessel. 4. Attempted: An illegal act of perpetrators attempting to approach a vessel with possible intention to board but remain unsuccessful due to the timely actions of the crew. • Modern definitions of piracy include the following acts: Boarding without permission, Extortion, Hostage taking, Kidnapping of people for ransom, Murder, Cargo theft, Robbery and seizure of items or the ship, Sabotage resulting in the ship subsequently sinking and Shipwrecking done intentionally to a ship. Piracy - International Framework • 1982 - United Nations Convention on the Law of the Sea (UNCLOS). • 1988 - SUA - Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. • The Hostages Convention (1979). • Several UN Security Council resolutions such as: - Resolution 1816(2008) - Resolution 1851 (2008) - Resolution 2634 (2022) • 1948 - International Maritime Organization (IMO). • 1981 - International Maritime Bureau (1MB) is a specialized department of the International Chamber of Commerce. UNCLOS vs. SUA The following 29 UN member states are not party to the convention. States with coastlines nave asterisks. • Eritrea*Angola* Belize* Bhutan £ 3 Burundi | Cameroon* ^p, Central African Republic | | Chad ^ m Colombia* jjgj Democratic Republic of the Congo* EM East Timor* ~ Gabon* D H a i t r Indonesia* n Kyrgyzstan **— Malaysia* ^ Nepal i s North Korea* B Papua New Guinea* 5 Rwanda Sierra Leone* Solomon Islands* Somalia* South Sudan Suriname* Thailand* Venezuela* Zambia Zimbabwe JANUARY - DECEMBER 2022 HQNumber of incidents reported: 115 incidents ATTEMPTED FIRED UPON BOARDED HIJACKED Piracy - Trends 2022 Impact on crew: ASSAULTED T H R E A T E N E D O S T A G E I D N A P P E D 950 /0 OF VESSELS ATTACKED WERE BOARDED Number of incidents reported: ATTEMPTED ^fil FIRED UPON L 120 BOARDED HIJACKED Impact on crew: ASSAULTED THREATENED HOSTAGE KIDNAPPED NJURED iracy- Trends 2023 Piracy Trends - 2024 (January March) Waters off Somalia Reported Incidents 5 / l /0 V Ql Ql Ql Ql Ql 2020 2021 2022 2023 2024 1MB PIRACY REPORT JANUARY - MARCH 2024 Number of incidents reported: W V • ATTEMPTED 3 3 • FIRED UPON • BOARDED • HIJACKED Since then, at least | ] have been attacked according to analysis of datafromAmbrey Analytics, mostly in the southern Red Sea. Timeline of Red Sea attacks Number of pirate attacks against ships worldwide from 2010 to 2021 500 445 4 3 9 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 PHILIPPINES. 9 TABLE 8: Types of violence t» crew, January - December 2019 - 2023 Typ* of Violence 2019 2020 2021 2022 2023 Hostage 59 34 8 41 73 [2009 ^ ROBBERY KIDNAPPING ftj HIJACKING 30 N. MILES ffflWSMf MILITANCY 10QN.MILES MOMSHORE EVOLUTION OF ABDUCTION SIMCE 2015: SOURCE HDAT Í0C 201Ů 2017 2018 2019 2020 o o PIRACY IN G U L F O F GUINEA Piracy in Gulf of Guinea Comparision of Piracy in EA and WA Source: 1MB PRC AFRICA 140 No of incidents in West Africa /Gurf of Guinea No of incidents in rest of Africa —•—No of kidnapped crew members Piracy vs. Maritime Terrorism • Achille Lauro 1985 - SUA - Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. • Council for Security Cooperation in the Asia Pacific (CSCAP) defines maritime terrorism as "the conduct of terrorist acts and activities (1) within the maritime environment, (2) by means of or against ships or fixed platforms at sea or in port or against their personnel or passengers, (3) against offshore installations or settlements, including tourist resorts, port areas and port cities." • Definition of piracy and maritime terrorism: a) Actor motivations/OC vs. terrorism b) motivation + violence/ maritime violence c) violent attacks defined by law, nature of the act and method of attack/SUA (Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation) vs. UNCLOS (Convention on the Law of the Sea) • „Pirates are criminals who commit violence in pursuit of financial gain, while terrorists are persons who use violence as a means to achieve political ends. They exploit the maritime domain because it provides them with the opportunity to achieve these goals." Piracy vs. Maritime Terrorism Maritime Piracy and Terrorism Incidents, 2002-2012 Maritime Piracv Incidents Maritime Terrorfsm Incidents 1 1 4 4 4 3 19 i 15 i 7 2 2 2O0Z 2003 2004 2005 2006 2007 2008 2009 Z010 2011 2012 Piracy vs. Maritime Terrorism Video https://www.youtube.com/watch?v=6XtuPck0b4U Thank you for your attention