Written by: Soh Rui Xuan Reeann
Edited by: Anisha Ratnam
Esra Nurdogan - Pexels
Introduciton
From sixteenth-century Japanese pirate lords to modern-day bandits of the Sulu Sea, piracy has long cast a shadow over the Asia-Pacific. Piracy can be defined as the unauthorised use or threat of violence at sea by individuals, groups, or organisations to plunder property or people [1]. In an era of globalised, maritime trade over the waters of the Asia-Pacific, piracy has also evolved into a sophisticated business enterprise, driven by profit maximisation. Undoubtedly, it is a persistent issue evident from the threefold increase of piracy in Asia after 2010 [2]. In fact, 30% of global piracy attacks occurred in Southeast Asia, mainly in the Malacca Strait and the waters around Indonesia [3]. While international and regional maritime laws such as United Nations Convention on the Law of the Sea (UNCLOS) and Malaysia-Singapore-Indonesia (MALSINDO) provide a framework for combating piracy, their effectiveness depends on robust implementation, enforcement, and cooperation among the member states of the Asia-Pacific region. This essay will address the role of international maritime laws and critically assess its effectiveness in sinking piracy, taking into consideration the root causes of piracy in the Asia-Pacific region.
Defining Piracy and the Role of UNCLOS in International Maritime Law
It goes without saying that international maritime laws have a pertinent role in establishing a universal legal framework for defining and prosecuting piracy. One of the biggest and primary contributors to the international maritime law framework would be UNCLOS, which was adopted since 1982 [4]. UNCLOS provides member states a universally accepted definition of piracy, establishes universal jurisdiction, and mandates cooperation among states to suppress the growing problem of piracy. In Articles 100-104, UNCLOS provides a clear definition of piracy and provides the legal basis for any state to seize a pirate vessel, arrest those onboard, and subject suspected pirates to its own criminal justice systems. In particular, Article 101 defines piracy as any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or passengers of a private ship or aircraft, on the high seas or in a place outside the jurisdiction of any state [5]. Article 100 also requires states to cooperate to the fullest possible extent in the repression of piracy [6]. Such provision has fostered a shared understanding amongst nations and facilitated cooperation in combating piracy, recognising it as a transnational crime. Ultimately, the UNCLOS provisions set a legal basis and standard to implement successful international cooperation efforts to mitigate piracy.
In addition, international maritime laws, like UNCLOS, have been influential in ensuring regional and international cooperation to mitigate the problem of piracy. In the Asia-Pacific region, a cooperative mechanism was established between Malaysia, Singapore and Indonesia known as ‘MASINDO’ targeted to enhance maritime security in its international strait in accordance with the obligation to do so under Article 43 of UNCLOS [7]. The combined efforts of these states includes a range of individual state and regional initiatives to enhance maritime security. For example, Indonesia increased its naval patrols throughout the Malacca Strait in 2005, deploying more than 20 naval vessels in a counter-piracy operation that led to the arrest of numerous pirate gangs [8]. Apart from coordinated patrols, the 3 countries signed a memorandum of understanding to implement a ‘Marine Electronic Highway’ demonstration project in the Straits to promote marine navigation technologies to improve maritime domain awareness and facilitate safer navigation. In fact, such collaborative efforts are only expanding and including more states to enhance maritime security in the Straits. In 2005, the Batam Joint Statement was established, which emphasised the importance of engaging states surrounding the western entrance to the Straits, particularly Thailand and India [9]. Thailand formally joined the cooperative efforts in 2008, which was formally renamed as the Malacca Straits Patrols (MSP). The increased collaboration between the states contributed to a notable decline in piracy in the Asia-Pacific region between 2003 and 2008, with piracy incident falling from 187 per year to 65 per year [10]. This demonstrated the effectiveness of coordinated efforts and regional partnerships in addressing the problem of piracy in the Asia-Pacific region. As seen by the example of Indonesia, such collaborative efforts can also strengthen the political willpower of individual states. Evidently, there is some truth that international and regional maritime laws establish the concrete legal basis that spearheads global efforts towards the right direction in the mitigation of piracy.
Challenges in Enforcement and Geographical Limitations
International maritime laws, while crucial in framing anti-piracy efforts, face several limitations that hinder their effectiveness in completely eradicating piracy. The primary issue lies in the disconnect between international legal frameworks and the practical implementation. Many states, especially those in the Asia-Pacific lack the resources and capacity to enforce such laws [11]. Although Indonesia is a key player in regional anti-piracy efforts, it faces significant resource constraints in protecting its vast maritime territory. Indonesia has channelled more efforts towards maritime security over the years, but a study indicated that it needs over 300 vessels to effectively patrol its waters, it currently operates only about 115, with only 25 actively deployed at any given time [12]. One needs to consider that the lack of enforcement extends beyond the lack of manpower or financial resources, but rather the archipelago’s geographical complexity and its sheer size can exacerbate the problem. Ultimately, international maritime laws can be theoretically effective, but it is idealistic in nature as it fails to account for differing geographical limitations, especially given the sheer size of the international Strait in the Asia-Pacific region.
Moreover, the ineffectiveness can be further exacerbated by the evolving nature of piracy, particularly in Southeast Asia. Pirates adapt their tactics to circumvent countermeasures [13]. The resurgence of ‘sophisticated piracy’ in Southeast Asia, involving ship and cargo vessel seizures as well as maritime kidnappings underscores the limitations of existing legal frameworks, possibly explaining the increase in maritime crimes in Asia after 2010. With a combination of evolving piracy tactics, the sheer size of the international Strait and the lack of capacity exercised by the respective states, international maritime laws can only solely support the theoretical and legalistic aspects of combating piracy.
Holistic Solutions
One can question if international maritime laws neglect the underlying socio-economic factors that fuel the problem. Poverty and the lack of economic opportunities in coastal populations, especially in Southeast Asia, often face limited economic prospects, making piracy an attractive alternative. This underscores how piracy in the Asia-Pacific is a multifaceted problem driven by a complex web of socio-economic factors. Instead of blindly addressing legal enforcements, states can consider soft power solutions targeted towards the socio-economic plague in the Asia-Pacific, this can include greater engagement with the local communities. It has been suggested that piracy can be a form of protest or a means for marginalised communities to assert control when they feel neglected by their central governments. Engaging with local communities and giving them the space to express their grievances can empower them to participate in decision-making processes related to maritime security. This builds trust between such communities and its central government and reduces the appeal of piracy.
Another solution suggested was to intercept financial networks which support piracy. Jean-Michel Louboutin, the executive director for Interpol’s police services shared that most piracy have supportive financial networks to help them launder ransom payments [14]. Targeting these networks through international cooperation and financial intelligence-sharing can cripple such financial networks. While regional and international legal frameworks are essential tools in combating piracy, it is evident that addressing the root causes such as poverty, inequality, and weak governance, is vital in order to establish a long-term, sustainable solution to combat piracy in the Asia-Pacific.
Conclusion
In conclusion, while international maritime laws provide a traditional framework for prosecution and cooperation, they are not well-designed enough to tackle the complex socio-economic and political realities that contribute to piracy. Such legal enforcements fail to account for the geographical intricacies and political background of the different states in the Asia Pacific region. Current international maritime laws only protect a small aspect of the larger problem, but it does call for international cooperation which is a necessity to effectively mitigate piracy in the Asia Pacific. There is a need to advocate for a paradigm shift that moves beyond reactive, military-centric approaches to piracy. A holistic strategy is needed to tackle the root causes, prioritise sustainable solutions and encourage continuous efforts in fostering collaborative partnerships. Taking a holistic approach to the problem of piracy can spearhead enduring solutions. Though not easy, such solutions must be implemented in order to safeguard the security of maritime trade routes and protect vulnerable coastal communities or businesses in the Asia-Pacific region.
REFERENCES
[1],[11] Atsushi O, In the Name of the Battle Against Piracy (Brill 2018)
[2],[3],[8] Kraska J, Contemporary Maritime Policy: International Law, Strategy and Diplomacy at Sea (Bloomsbury 2011)[4] Djalal H, ‘Piracy in South East Asia: Indonesian and Regional Responses’ (2021) 1(1) Indonesian Journal of International Law <https://scholarhub.ui.ac.id/ijil/vol1/iss3/1> accessed 22 November 2024
[4],[5],[6] United Nations Convention on the Law of the Sea 1982
[7],[12] Djalal H, ‘Piracy in South East Asia: Indonesian and Regional Responses’, (2021) 1(1), Indonesian Journal of International Law, , <https://scholarhub.ui.ac.id/ijil/vol1/iss3/1> accessed 22 November 2024
[9],[10] Carlson J, Maritime Piracy and the Construction of Global Governance (Taylor & Francis 2012)
[13] Hastings J, ‘The Return of Sophisticated Maritime Piracy to Southeast Asia’ (2020) Pacific Affairs, The University of British Columbia <http://dx.doi.org.ezphost.dur.ac.uk/10.5509 /20209315> accessed 22 November 2024
[14] Interpol, ‘INTERPOL and NATO Cooperation Set to Boost Global Efforts Against Maritime Piracy’ (Interpol, 6 October 2012) <https://www.interpol.int/fr/Actualites-et-evenements/Actualites/2012/INTERPOL-and-NATO-cooperation-set-to-boost-global-efforts-against-maritime-piracy> accessed 22 November 2024
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