Letter of Marque Against Piracy

As Reported http://www.huffingtonpost.com/david-isenberg/there-is-more-than-one-wa_b_594777.html


On May 27 I wrote about the pros and cons of using private security contractors to fight piracy. But that article considered just the use of putting armed guards aboard ship. That is not the only way, or even the best way, private security firms can be involved in fighting pirates.
Using private contractors help provide security against pirates is an increasingly popular notion. Congressman Rep. Ron Paul (R-Tex.) called on Congress to "issue letters of marque and reprisal, deputizing private organizations to act within the law to disable and capture those engaged in piracy." Indeed, this idea is grounded in the U.S. Constitution, which expressly invests Congress with authority to define piracy on the high seas and to issue letters of marque. (Art. I, § 8, cls. 10, 11).
For detail let's consider the article "Reconsidering the Letter of Marque: Utilizing Private Security Providers Against Piracy" by Maj. Theodore Richard, which was published in the Spring issue of the Public Contract Law Journal. Richard is an Air Force Judge Advocate and is currently serving as trial attorney in the Air Force Commercial Litigation Division in Washington,
As Richard notes, piracy thrives in coastal regions where people are drawn towards criminality by desperate circumstances combined with an absence of law-enforcement authorities. The pirate scourge originated in the failure of the rule of law and international institutions to prevent exploitation of Somali waters. The now sophisticated and aggressive pirate operations are thought to have morphed out of a self-help police or military function into piracy earlier this decade. Somali fisherman started out trying to deter illegal dumping and fishing and graduated from attacking vessels to seizing them for ransom, with the Hawiye clan, based around Haradere in central Somalia, emerging as the dominant group of pirates in 2004.
When the short-lived Union of Islamic Courts government took over the Haradere area in 2006, they suppressed local piracy, so the Darod clan, with strongholds around the east coast of Somalia and in the semi-autonomous Puntland region on the Gulf of Aden, took over the piracy role.
By 2008 a United Nations report described the pirates as "loosely organized and poorly trained," with a fluid membership. The report described two significant overlapping networks: one in Puntland, mainly consisting of the Majerteen clan, and another in central Somalia, mainly consisting of the Habar Gidir clan.
Puntland's current president, Abdirahman Mohamed Farole, has made fighting piracy a priority. During a meeting with an international delegation in February 2009, President Farole explained that military operations against the pirates would not be sufficient to end the piracy problem. Instead he "strongly suggested that the world must first address the root causes of piracy, including illegal overfishing and toxic waste dumping."
It is not excuse for piracy to point out that it is not well realized that illegal fishing by foreign vessels is a significant concern for Somali leaders: a United Nations Secretary General report lamented the "pillage of Somali Indian Ocean and Red Sea waters by literally hundreds of vessels from a variety of nationalities" and expressed concerns of overfishing and depletion of fish stocks.
In 2005 some of the intruding vessels attacked local Somali fishermen and destroyed their boats and equipment. It should be no surprise that another United Nations report described the Somali fishery situation as resembling "naval warfare": "Fishing boats are typically mounted with heavy anti-aircraft canons and many of the crews are armed."
This analogy has become even more appropriate in recent years, with reports of international naval vessels firing on local fisherman and protecting their own vessels illegally fishing in Somali waters.
Richard points out that Puntland has employed a number of different security contractors since 2000, meeting with various levels of success.

It first contracted the British company Hart Security ("Hart") from 2000 to 2001. Hart was hired "mainly to protect Puntland's maritime resources against illegal foreign fishing by providing training as well as on-ship support to the local Coast Guard." The company's force consisted of one boat and seventy men, primarily Somalis with a balanced composition from the local clans. Hart was financed through the sale of fishing licenses. "Hart was very successful: the frequency of piracy declined, and the nucleus of a relatively efficient coast guard was formed with its spine consisting of British advisors and British-trained Somali militia acting as boarding parties.
Hart successfully tapped British legal resources to settle international disputes.
For example, when the Somali coast guard detained a Spanish ship for illegal fishing, Hart contacted a British law firm and resolved the matter through arbitration.
Hart did not simply ransom the vessel, but made use of a legal international dispute resolution forum, strengthening Puntland's legal authority.
Hart stood apart from its successors by respecting the rule of law; it actively sought legal advice and followed fisheries guidelines.

Internal conflicts within Puntland ultimately doomed the Hart Group. Other companies -- such as SOMCAN, Al Hababi Marine Services, TopCat Marine Security, Northbridge Services Group, Secopex, Odyssey Consulting SA -- that followed Hart did less well, for a variety of reasons; some their own fault, and others beyond their control.
The point here is that maritime security contractors can be hired for a variety of purposes. Putting armed guards aboard ships is just one of them. As that is a defensive measure it is inherently a reactive, rather than a proactive one. In medical terms it is a cure and not a preventive measure. Using contractors to help provide a comprehensive coast guard force is likely a better way to go.
If governments, rather than commercial shipping companies, hired private security contractors for that purpose we might see real progress in fighting pirates. But that, as Richard notes "must be centrally organized and controlled."
In that regard letters of marque might be a useful tool. Richard concludes that:

Littoral governments should reconsider letters of marque to license and control privatized maritime security. The letters can be used to license defensive weapons on merchant vessels, and could even be used to authorize active anti-piracy operations. Furthermore Somali governments can use the letters to deputize their security contractors. Maritime security contractors can be part of the solution to piracy--especially if they are properly licensed and regulated through letters of marque.

What are your thoughts?

Piracy Attack In Mozambique Channel

As Reported HERE

2010/05/26
A SPANISH fishing trawler repelled an attack by pirates off Madagascar yesterday , as South Africa warned that piracy could spread down the continent.

The Echebasta company said: “The boat took evasive manoeuvres and was able to leave the area without suffering any harm to personnel.”
It is the first such attempt recorded in the Mozambique Channel, far further south than most of the attacks, which occur off the coast of Somalia.
The Spanish seiner (tuna boat) was attacked just after pulling back its nets and spotted the pirate skiff when it was only one nautical mile away.
Since foreign navies deployed an armada of warships to curb attacks in the busy Gulf of Aden, Somalia’s ransom-hunting pirates have ventured further away from their coast to capture prey.
The French and Spanish tuna- fishing fleets based in the Indian Ocean had been attacked mainly around the Seychelles archipelago but pirates had rarely ventured as far south as Madagascar.
Last year, another Spanish tuna fishing vessel, the Alakrana, and its crew of 36 were taken hostage for more than a month off the coast of Somalia, where pirates have bases. They were freed after paying a ransom of 4million (about R31.9m) , according to the Somali pirates who captured them.
Yesterday, Justice Minister Jeff Radebe warned an African Renaissance conference in Durban: “If we allow such an illegal activity to fester in one part of Africa, we are sending an open invitation for it to spread to other parts of Africa.”
The conference was attended by delegates from many African countries.
Radebe said South Africa did not rejoice in the fact that the long route around Cape Town was being considered a viable alternative to the Somali coast, which was infested by pirates.

South Africa believed that the whole continent should find a solution to the problem.
Although most pirate activity took place in international waters, a response strategy in terms of jurisprudence was needed, Radebe said.
The Baltic and International Maritime Council recently urged Somalia and other African countries to co-operate in fighting piracy off their shores. — Sapa

Finally, Credibility to the Maritime Security Industry

As you can find HERE

IAMSP, International Association of Maritime Security Professionals. We finally have a legitimate organization to add credibility to the Maritime Security Industry. With a strong Constitution and Code of Practice, there can be a standardization of performance and conduct.

May 19, ONI Report, Threat to Shipping

As Reported Here By ONI

This week's reporting:
.
  A.  Cargo ship robbed on 16 May 10 at the port of Douala, Cameroon.
.
  B.  Crew from the tug (ATLANTIC 3) set adrift by pirates found off the Vietnamese coast. 
.
  C.  Sailing catamaran robbed on 5 May 10 off Blup Blup Island, Papua New Guinea.
.
Africa
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4.  DETAILS:  There is reported active violence against shipping, a credible threat to shipping, 
or the potential to develop into a direct threat to the safety of shipping in the following areas:
.
  A.  NORTH AMERICA:  No current incidents to report.
.
  B.  CENTRAL AMERICA-CARIBBEAN:  
.
      1.  ST. VINCENT AND THE GRENADINES:  Catamaran boarded 2 May 10 between the 
hours of 1845 – 2030, while berthed at Port Elizabeth.  Vessel had been left fully secured with all 
hatches locked, with some hatches set in the ventilation position.  While crew was away, an 
unknown number of persons boarded the vessel and attempted to force open the hatches.  The 
hatch over the master’s cabin was successfully forced open, possibly with the use of a steel bar 
or something similar, allowing full access to the rest of the cabin.  No further information 
provided (Noonsite.com).
.
  C.  SOUTH AMERICA:  
.
      1.  COLOMBIA:  General cargo ship robbed 3 May 10 at 2300 local time berthed in position 
10:57.5N – 074:45.5W, Palermo terminal, Barranquilla.  A vessel at berth had completed cargo 
operations and was preparing to depart.  The captain from the ship berthed ahead of them 
informed the gangway watch keeper that robbers had just stolen ship property from his ship and 
were making their way towards their ship.  The duty officer raised the alarm and due to the 
timely information provided by the ship’s captain, prevented any further incidents from 
occurring (IMB).
.
      2.  PERU:  Bulk carrier robbed 12 May 10 between 1830-1930 local time while anchored in 
position 12:01.7S – 077:12.1W, Callao anchorage.  Armed robbers boarded the vessel and took 
one shore guard hostage, and threatened him by pointing a gun to his head.  Another guard 
informed the bridge, who then raised the alarm and mustered the crew.  Local authorities were 
then informed.  The robbers broke open the bosun store door and escaped with ship’s stores 
before the patrol boat arrived on location (IMB).
.
  D.  ATLANTIC OCEAN AREA:  No current incidents to report.
.
  E.  NORTHERN EUROPE-BALTIC:  No current incidents to report.
.
  F.  MEDITERRANEAN-BLACK SEA:  No current incidents to report.
.
  G.  WEST AFRICA:
.
       1.  CAMEROON:  Cargo ship (NORTH SPIRIT) robbed on 16 May 10 shortly after it 
arrived at the port of Douala, Cameroon.  Twenty armed men boarded the Russian and Ukrainian 
crewed ship and disabled all radio and navigation equipment, took valuables, money and 
personal effects from the crewmembers' cabins.  They took the Russian master and senior 
mechanic hostage when they departed the vessel.  As of 17 May, the men's whereabouts was still 
unknown (MSC-HOA). 

      2.  NIGERIA:  Bulk carrier robbed 4 May 10 at 0200 local time while anchored in position 
06:17.9N – 003:21.5E, Lagos outer anchorage.  Seven robbers armed with rifles and knives 
boarded the vessel during anchoring operations.  They assaulted the captain and 3rd officer, and 
damaged ship’s equipment before robbing the crew of personal belongings and escaping (IMB).
.
      3.  NIGERIA:  Tanker fired upon 27 Apr 10 at 2145 local time while in position 06:10.1N – 
003:20.92E, Lagos.  An officer on the vessel noticed on radar a boat approaching from the port 
bow.  When lights were directed at the boat, the boat stopped and turned towards another vessel.  
Later, the boat approached the tanker from astern.  The men in the boat opened fire at the vessel 
and attempted to board but failed due to razor wire around the deck and the vessel’s constant 
maneuvering.  All vessels in the vicinity were informed via VHF.  No injuries to the crew were 
reported (IMB).
.
      4.  DEMOCRATIC REPUBLIC OF CONGO:  Tanker robbed 24 Apr 10 while anchored at 
Boma.  Robbers boarded the vessel and stole ship’s properties before escaping unnoticed.  No 
further details to provide (IMB).
.
  H.  INDIAN OCEAN-EAST AFRICA:
.
      1.  RED SEA:  Tanker reported suspicious approach 25 Apr 10 at 0523 UTC while underway 
in position 13:48N – 043:00E, approximately 30NM northwest of Mokha, Yemen.  Two skiffs 
were sighted at a distance of 1NM from the vessel.  One skiff approached the vessel at a high 
speed, with four armed men and a hook ladder visible.  Armed security personnel onboard fired 
several warning shots at the skiff forcing the armed men to abandon the pursuit (IMB).
.
      2.  RED SEA:  Bulk carrier reported suspicious approach 25 Apr 10 at 0515 UTC while 
underway in position 13:46.2N – 042:57.7E, approximately 30NM northwest of Mokha, Yemen.  
Vessel reported being chased by two high speed wooden boats with approximately six persons in 
each.  The vessel increased speed and conducted evasive maneuvers.  After approximately 80 
minutes, the boats moved away (Operator, IMB).
.
      3.  GULF OF ADEN:  General cargo ship reported suspicious approach 12 May 10 at 1628 
local time while underway in position 12:27.7N – 043:43.4E, approximately 20NM east of the 
Bab el Mandeb.  Five boats each containing two to three persons armed with RPGs and 
automatic weapons approached the vessel from the port side and remained in close pursuit for 
approximately 10 minutes before eventually moving away (Operator, IMB).
.
      4.  GULF OF ADEN:  Chemical tanker (PANEGA) hijacked 11 May 10 at 1536 UTC while 
underway in position 12:31N – 047:08E, approximately 120NM southeast of Aden, Yemen.  
Pirates boarded and hijacked the vessel along with its 15 crewmembers (AFP, IMB).
.
      5.  GULF OF ADEN:  SS (THE OCEANIC), a former passenger ship used by the Peace 
Boat, a Japan-based international non-governmental and non-profit organization to promote 
peace, fired upon 5 May 10 at 2122 UTC while underway in position 13:06N – 048:37E, 
approximately 90NM southwest of Al Mukalla, Yemen.  One skiff opened fire on the vessel with 
automatic weapons and RPGs.  The vessel increased speed and conducted evasive maneuvers 
and was able to successfully avoid the attack.  No injuries to the crew were reported (IMB, 
Mercury chat, American Shipper Online).
.
      6.  INDIAN OCEAN:  Container ship (MSC PEGGY) fired upon 12 May 10 at 1520 UTC 
while underway in position 09:59.12S – 042:16.27E, approximately 300NM southeast of Dar es 
Salaam, Tanzania.  Suspected pirates opened fire on the vessel with two RPG rounds.  The vessel 
conducted evasive maneuvers and increased to maximum speed of 17 knots (IMB, Mercury chat, 
Tradewinds).
.
      7.  INDIAN OCEAN:  Bulk carrier (ELENI P) hijacked 12 May 10 at 0556 local time while 
underway in position 15:55N – 060:50E, approximately 420NM northeast of Socotra Island.  
Pirates boarded and hijacked the vessel with its 23 crewmembers and are sailing it towards the 
Somali coast (IMB, Reuters).
.
      8.  INDIAN OCEAN:  Bulk carrier fired upon 10 May 10 at 0538 UTC while underway in 
position 00:06N – 064:57E, approximately 640NM northeast of Port Victoria, Seychelles.  
Armed men in a skiff chased and fired upon the vessel underway.  The crew enforced effective 
counter piracy measures and evaded the attack, forcing the skiff to eventually move away.  The 
vessel sustained some damages from the gunfire (IMB).
.
      9.  INDIAN OCEAN:  Chemical tanker (MARIDA MARGUERITE) hijacked 8 May 10 at 
1206 UTC while underway in position 14:58N – 054:47E, approximately 140NM northeast of 
Socotra Island.  Armed pirates chased, attacked, and hijacked the vessel along with its 22 
crewmembers (IMB, AFP).
.
      10.  INDIAN OCEAN:  Fishing vessel (TAI YUAN 227) hijacked 6 May 10 at 1107 UTC 
while underway in position 01:50N – 067:50E, approximately 1150NM southeast of Eyl, 
Somalia.  Pirates boarded and hijacked the vessel along with its 28 crewmembers.  The vessel’s 
owner lost contact with the vessel as it transited toward the Maldives and upon resuming 
communications with it, he was told by hijackers to pay a ransom for the crew (AP, IMB, 
Mercury chat).
.
      11.  INDIAN OCEAN:  Bulk carrier (OCEAN TRADER) fired upon 5 May 10 at 0520 UTC 
while underway in position 09:43S – 041:15E, approximately 210NM southeast of Dar es 
Salaam, Tanzania.  Armed men in a skiff chased the vessel underway and opened fire on it.  An 
embarked security team returned fire forcing the skiff to abort the attack and move away.  No 
crewmembers were injured (IMB, AFP, Mercury chat).
.
      12.  INDIAN OCEAN:  Tanker (MOSCOW UNIVERSITY) reportedly hijacked 5 May 10 at 
0413 UTC while underway in position 12:15N – 059:30E, approximately 290NM east of Socotra 
Island.  Pirates in a skiff chased and opened fire on the vessel.  The captain conducted evasive 
maneuvers and contacted a nearby warship for assistance.  The owners informed they had lost 
contact with the vessel and that it was no longer moving.  The crew reportedly locked themselves 
in the rudder room and pirates were onboard.  No further information to provide at this time 
(IMB, AP, Mercury chat).
.
      13.  INDIAN OCEAN:  Tanker fired upon 25 Apr 10 at 0348 UTC while underway in 
position 17:59N – 065:49E, approximately 815NM northeast of Socotra Island.  Six men armed 
with automatic weapons and RPGs in a white skiff chased and opened fire on the vessel.  The 
vessel contacted coalition forces, increased speed, and conducted evasive maneuvers.  The men 
attempted to board the vessel several times before finally aborting the attack.  No injuries to the 
crew were reported (IMB).
.
      14.  INDIAN OCEAN:  Tanker (ISUZUGAWA) fired upon 25 Apr 10 at 0215 UTC while 
underway in position 18:06N – 065:47E, approximately 815NM northeast of Socotra Island.  
Four men armed with automatic weapons and RPGs in a white skiff chased and opened fire on 
the vessel.  The vessel raised the alarm, sent out a distress call, increased speed and conducted 
evasive maneuvers, while the crew locked all accommodation doors.  The armed men tried to 
board the vessel using a steel ladder and hooks attached to ropes.  They fired an RPG at the 
accommodation and the ship continued with evasive maneuvering.  After several attempts, the 
men aborted the attack.  No injuries to the crew were reported (IMB, MSCHOA).
.
      15.  INDIAN OCEAN:  Tanker (PYXIS DELTA) fired upon 23 Apr 10 at 0242 UTC while 
underway in position 14:51N – 065:14E, approximately 640NM northeast of Socotra Island.  
Five armed men in a skiff chased and opened fire on the vessel with RPGs and automatic 
weapons.  The master conducted evasive maneuvers and contacted coalition forces for 
assistance.  The vessel raised their alarm and increased speed.  The armed men chased the vessel 
for more than an hour and aborted the attack.  No injuries to the crew or damage to the vessel 
was reported (IMB, Tradewinds).
.
      16.  INDIAN OCEAN:  Bulk carrier fired upon 21 Apr 10 at 1050 UTC while underway in 
position 01:10.05N – 065:00.08E, approximately 665NM northeast of Port Victoria, Seychelles.  
Four men in a blue skiff armed with RPGs and automatic weapons opened fire on the vessel for 
approximately three minutes.  The vessel increased speed and conducted evasive maneuvers, 
forcing the attackers to abandon the attempt (IMB, Operator).
.
      17.  INDIAN OCEAN:  Bulk carrier (VOC DAISY) hijacked 21 Apr 10 at 0605 UTC while 
underway in position 16:25N – 057:13E, approximately 280NM northeast of Socotra Island.  
Suspected pirates in skiffs boarded and hijacked the vessel, taking 21 crewmembers hostage (AP, 
IMB).
.
      18.  BANGLADESH:  General cargo ship robbed 1 May 10 at 0440 local time while moored 
in position 22:16N – 091:49E, Chittagong anchorage.  Three robbers armed with longknives 
boarded the vessel while it was conducting cargo operations at a mooring buoy.  The duty watch 
noticed the robbers, who then tried to catch him.  The watch ran to the gangway and informed 
another crewmember who then raised the alarm.  The robbers stole ship’s stores and escaped 
upon seeing the crew alertness.  The coast guard was informed (IMB).
.
  I.  RED SEA:  No current incidents to report.
.
  J.  PERSIAN GULF:  No current incidents to report.
.
  K.  SOUTHEAST ASIA:
.
      1.  MALAYSIA:  Bulk carrier (PERFORMER) boarded 10 May 10 at 0355 local time while 
anchored in position 01:17.84N – 104:09E, approximately 3NM south of Tanjung Ayam.  Six to 
seven robbers armed with knives boarded the vessel and gained access to the engine room before 
being discovered by a crewmember who alerted the bridge.  The master dispatched other 
crewmembers to investigate.  The crew made a thorough search of the vessel but was unable to 
located any of the robbers.  No crewmembers were injured and nothing was reported stolen 
(ReCAAP).
.
      2.  MALAYSIA:  Chemical tanker reported attempted boarding 22 Apr 10 at 0300 local time 
while anchored in position 01:19.8N – 104:16.1E, Eastern OPL anchorage.  Three robbers in a 
boat attempted to board the vessel. The duty watchman on deck spotted the robbers and raised 
the alarm, forcing them to abort the attempt.  No casualties were reported (IMB).
.
      3.  INDONESIA:  Chemical tanker (SINAR BUSAN) robbed 2 May 10 at 0130 local time 
while anchored in the port of Anyer.  Six robbers armed with knives boarded the vessel via the 
stern from a small boat using ropes and grapnel hooks.  The robbers threatened the watch 
keepers and forced them to open the door to the engine room.  The robbers stole some engine 
spares and escaped via the small boat.  No crewmembers were injured (ReCAAP).
.
      4.  INDONESIA:  Tug (ATLANTIC 3) reportedly hijacked 27 Apr 10 at 1726 local time 
while underway in position 01:12.38N – 104:45.92E, approximately 9NM east of Pulau Bintan.  
At 1726 local time, the shipping company lost contact with the vessel as it was transiting from 
Tanjung Ayam, Malaysia to Kintap, Indonesia.  The last known position was 01:12.38N – 
104:45.92E.  The company reported the incident to Singapore’s POCC (ReCAAP).  UPDATE:
On 3 May 10, Vietnamese authorities responded to a distress signal off the Vietnamese coast and 
found the M/V ATLANTIC 3’s nine crewmembers adrift in a life raft.  On 19 May 10, 
Philippine Coast Guard officials found the tug ATLANTIC 3 and the barge ATLANTIC 5, in 
Sarangani Bay, Philippines.  At the time, criminals were cutting away the welded names on the 
tug boat and barge using gas torches.  The tugboat had been renamed MARYLN 8.  Philippine 
authorities continue to investigate (ReCAAP).
.
      5.  INDONESIA:  General cargo ship robbed 20 Apr 10 at 0345 local time while anchored at 
Tanjung Priok.  Four robbers armed with long knives boarded the vessel.  The duty watch 
noticed one robber coming out from the port side entrance and immediately informed the officer 
on watch who raised the alarm.  The robbers escaped with stolen ship’s equipment (IMB).
.
       6.  PAPUA NEW GUINEA:  Sailing catamaran robbed on 5 May 10 at midnight local time 
while anchored off Blup Blup Island approximately 50 miles southwest of Wewak.  Six men 
armed with long knives and machetes boarded the 12 meter catamaran attacked the crew and 
stole numerous items including food, outboard motor, generator, cameras, mattresses, and 
pillows.  Several crewmembers were injured during the incident (Noonsite.com).
.
      7.  SOUTH CHINA SEA:  Container ship robbed 8 May 10 at 1720 UTC while underway in 
position 03:16N – 105:25E, approximately 20NM northwest of Pulau Mangkai.  Eight men 
armed with long knives boarded the vessel and gained control of the bridge.  They stole ship’s 
and crew’s property before escaping.  No injuries to the crew were reported (IMB).
.
      8.  SOUTH CHINA SEA:  Bulk carrier reported attempted boarding 8 May 10 at 1645 UTC 
while underway in position 03:22.3N – 105:27.2E, approximately 20NM northwest of Pulau 
Mangkai.  Six armed men in an unlit small wooden boat approached and attempted to board the 
vessel.  The alert crew noticed the boat and raised the alarm.  The ship’s whistle was sounded, 
deck lights switched on, and the crew mustered.  The armed men aborted the attempted boarding 
upon seeing the crew’s alertness.  A security message was transmitted via VHF warning other 
ships in the vicinity (IMB).
.
      9.  SOUTH CHINA SEA:  Tug fired upon 1 May 10 at 2230 local time while underway in 
position 03:38N - - 103:45E, approximately 28NM southeast of Kuantan, Malaysia.  Robbers in 
a boat attacked the tug towing a barge and attempted to board.  The crew fired rocket parachute 
flares at the boat and sent a distress call via VHF Ch. 16.  A Malaysian warship in the vicinity 
responded and dispatched a helicopter to render assistance.  The boat managed to escape before 
the helicopter arrived.  Malaysian authorities are investigating (IMB).
.
      10.  SOUTH CHINA SEA:  Tug (PU 2402) robbed 27 Apr 10 at 2138 local time while 
underway in position 04:44.16N – 103:58E, approximately 70NM northeast of Kuantan, 
Malaysia.  Seven robbers in a small boat came along the port side of the vessel.  Six of the 
robbers boarded the vessel while one of them armed with a parang waited in the boat.  The ship 
master managed to activate the vessel’s SSAS, but was disabled by one of the robbers.  All nine 
crew was led to the master’s cabin with their hands tied.  The robbers threatened the crew with 
machetes, demanding they hand over their cash and valuables.  The incident lasted 
approximately 30 minutes.  The robbers left the tug taking with them cash, a laptop, and the 
crew’s mobile phones.  The incident was reported to Singapore’s Port Operation and Control 
Centre (ReCAAP).
.
      11.  VIETNAM:  Container ship robbed 28 Apr 10 at 1848 UTC while anchored at Vung 
Tau.  Two robbers boarded the vessel at anchor.  The duty watchman spotted the robbers and 
immediately raised the alarm.  The robbers managed to escape with ship’s stores.  Port authority 
was informed (IMB).
.
      12.  VIETNAM:  Tanker robbed 21 Apr 10 at 0308 local time while anchored in position 
10:13.7N – 107:05E, Vung Tau.  Armed men boarded the tanker.  The duty watchman from the 
bridge spotted the robbers and raised the ship’s alarm.  The robbers escaped with ship’s stores.  
Port authority was informed (IMB).
.
  L.  NORTH ASIA: No current incidents to report.
.
  M.  PACIFIC-ANTARCTIC OCEAN:  No current incidents to report.
.
  N.  ENVIRONMENTAL AND ECONOMIC NON-STATE ACTIVIST GROUPS:  No current 
incidents to report.
.
5.  Originator of this WWTTS report requests consumer feedback. Originator will incorporate all 
anti-shipping events and violence against the maritime industry into this weekly message where
appropriate.  The Office of Naval Intelligence (ONI) can be contacted via message traffic at ONI 
WASHINGTON DC//11// or, the ONI violence at sea (VAS) desk may be contacted at comm. 
Phone (301) 669-4784 or via e-mail at amoulder@nmic.navy.mil.//

Pirate Attack Near Maldives

Pirated Tug and Barge Found in Philippines

As Reported HERE 


The Philippines coast guard has apprehended a Malaysian barge and tugboat in the process of having their registration details altered off Mindanao island.

The coast guard service has filed a report to the Singapore-based office of Regional Cooperation Against Piracy and Armed Robbery.

The two vessels, found at sea near the southern Mindanao island, were reportedly hijacked in Indonesian waters some weeks ago.

Shirley Escalante reports from Manila that coast guard commandant Admiral Wilfredo Tamayo believes the hijacked vessels are part of a regional trade in piracy of ships and smuggling.

He says an inspection team found the two vessels' descriptions in the process of being altered.

Information on the vessels' documents and in machinery, as well as their registration numbers and the names "Atlantic 3" on the tugboat and "Atlantic 5" on the barge were being defaced.

The coast guard is trying to establish the identity of suspects arrested on board.

Somalia Criticizes Pirate Trial In US

As Reported By BBC NEWS

So, Where do you try a pirate that attacked a US Flagged ship over 450nm from shore?

A Somali official has criticised the US for prosecuting a man over a piracy incident off the Horn of Africa.

Jamaal Cumar, a US-based Somali official, told the BBC there were "serious concerns" over jurisdiction in the case of Abdiwali Abdiqadir Muse.
Mr Cumar questioned the authority of any foreign country to try Somali pirates active off East Africa.
Muse, from Somalia, faces 27 years in a US jail after admitting an attack on the Maersk Alabama in April 2009.
He was captured by the US Navy, whose sharpshooters killed three other pirates trying to escape on a lifeboat, saving the captain.
He is due to be sentenced in October.
'Extrajudicial practice' Mr Cumar told the BBC's Network Africa he had been trying to work out why the US would have any authority to try Muse's case and those of several other suspects in custody in the US.
"The Somali government's position has always been that we questioned the jurisdiction of this case," he said.
The Maersk Alabama was carrying aid bound for Somalia when attacked "We felt that it was an exercise in extrajudicial practice of the law and we asked the US to return those pirates back to Somalia."
Mr Cumar says he wants a UN-backed international tribunal to deal with piracy cases.
Somali pirate suspects have been tried in various countries across the world, as Somalia has no functioning central government.
Legal experts have been struggling with the problem of where to try piracy cases for years.
Foreign forces have frequently caught pirates off Somalia, disarmed them and then put them back to sea because there is no local authority to deal with them.
Previous attempts to form an international tribunal have failed because of a lack of funding.
'Very sorry' During Muse's trial in a federal court in Manhattan, prosecutors described him as a ringleader of a gang of four pirates who seized the Maersk Abalama some 450km (280 miles) off the coast of Somalia.
Court documents said Muse was the first to board the vessel, firing his AK-47 assault rifle at Captain Richard Phillips.
On Tuesday, Muse said through an interpreter: "I am very, very sorry about what we did. All of this was about the problems in Somalia."
It is said to be the first piracy trial in the US in decades.
The vessel, which was carrying food aid, was seized by the four pirates in April 2009.
Capt Phillips then told his crew to lock themselves in a cabin and surrendered himself to safeguard his men.
He was later taken hostage in an enclosed lifeboat that was soon shadowed by US warships and a helicopter.
The stand-off only ended several days later when the US Navy intervened.