NMIOTC MIO JOURNAL


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THE NEXT STEP TO THE EVOLUTION OF THE NMIOTC A CONCEPTUAL MODEL

The Safety of Life at Sea Convention SOLAS , developed approximately a century ago as a result of the Titanic disaster of , provides the standards for the safe navigation of ships and improved maritime awareness. SOLAS amendments have enhanced the security of the global shipping cargo chain by bringing greater transparency to the maritime domain.


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Using technology to locate merchant ships, the amendments provide the commercial fleet and port, coastal, and flag state with greater awareness. This awareness also better enables a focus on anomalous contacts and allows for sorting legitimate commerce from suspicious activity.

The constellation provides a global collection capability for AIS transmitting ships, gathering information several times a day. As more S-AIS systems have been placed in orbit, there has been a dramatic, improvement in the time between collection and availability for users. That time reduction will continue to advance as more S-AIS receivers are placed in orbit.

S-AIS is especially effective when paired with radar satellite constellations now in operation. The collection of AIS from both terrestrial and, especially, satellite systems, also provides the opportunity to develop MSA shipping pattern analysis, a useful tool for assisting in the detection of operational anomalies. Both AIS and LRIT systems complement other data sources, including multilateral collaboration , to secure timely information, including air surveillance, port security entry requirements, human intelligence, radar, video cameras, and patrol craft.

Along with the development of analytical tools and programs, capabilities will likely improve as private sector companies and organizations compete against one another to gain a competitive advantage. Acquiring information represents just one component of maritime situational awareness. It is also necessary to turn that data into operationally useful intelligence. Significant multilateral developments in MSA have occurred in the past decade, yet challenges remain, including data protection, misuse of data, failure to report, and spoofing.

Proprietary commercial information considerations also exist, as private shipping companies are sometimes unwilling to cede their secrets of optimum route planning. As detection ability and anomaly identification improve, this will increase the ability to identify vessels of interest in a timelier manner. Maritime security centers in Belgium, Germany, Greece, Turkey, and the United States are transforming multilateral training, education, and research.


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Thousands of officials from the government, academia, and private sector participate annually in courses and projects at centers that now provide a capability previously dominated by think tanks, national-level institutions, and universities. The maritime-specific centers discussed in this section were either created or received accreditation after Combined Joint Operations from the Sea. In a very short period, NATO COEs have become relevant hubs of knowledge to support operations, timely decision-making, and policy development.

Centers of Excellence, which could include representatives from the military, academia, and nongovernmental organizations, are a hybrid construct: Part think-tank, part policy development, and part training center. The NATO Center of Excellence for Operations in Confined and Shallow Waters , for example, has impressively focused on topics that include maritime situational awareness, improvised explosive devices in the maritime environment, and maritime interdiction operations.

At a conference on operational maritime law , approximately 70 attendees from 23 countries discussed private maritime security companies, maritime law enforcement in drug trafficking, the legal status and protection of submarine cables, and freedom of navigation. In , the center hosted conferences and workshops on legal issues as well as building a law enforcement culture at sea for a more secure maritime environment, among others. The Marmaris, Turkey facility, not formally associated with NATO, is emblematic of the third category of maritime security-focused centers of excellence.

Its first multinational maritime security workshop was held in in Discussions focused on issues that remain relevant today — MSA, freedom of navigation, countering piracy, and maritime terrorism. The center has demonstrated a unique ability to bridge discussions with representatives from a diverse array of governments. It is likely that multinational maritime security centers of excellence will evolve. Going forward, it will be important to maintain current levels of financial support; avoid redundancy, overlap, and mission creep; and continue with diverse training curriculums, policy support, and studies.

Contemporary criminal and terrorist organizations have repeatedly demonstrated the ability to exploit the inherent weaknesses of seaports, offshore installations, and merchant ships. In response, the past decade has yielded a cooperative resurgence in international relations, operational collaboration, and academic expansion.

There is now a treaty that proscribes the maritime transport of terrorists as well as chemical, biological, and nuclear weapons, and the use of a ship as a weapon. Diplomatic efforts over the past decade have identified illicit conduct, eliminated gaps in the law, and emphasized the value of multinational collaboration. Whole-of-government processes have proved instrumental in national-level responses to Somali piracy, for example, as actions on the water — evidence collection, obtaining statements, duration of detention at sea, and chain of custody — are being addressed by civilian agencies in courtrooms and diplomatically.

These frameworks emphasize the value of a consistent, repeatable process in the response to piracy, drug trafficking, migrant smuggling, fishing violations, and terrorism. Multinational efforts to develop and integrate technology on ships to improve domain awareness and safety have made more advances in the past decade than in any other period, supporting efforts to identify trends, differentiate irregularities, and examine anomalies to support timely decision-making.

Maritime centers of excellence are informing the next generation of naval operators, attorneys, and policy officials, with classes on evidence collection and maritime interdictions; seminars that address a variety of issues, including human rights considerations in the maritime environment, protecting energy on the water, and combatting the maritime transport of weapons of mass destruction; and ambitious research projects on dozens of topics.

Maritime Interdiction Operations Journal by NIKOLAOS ARIATZIS - Issuu

The innovations discussed in this article will prove durable and substantive additions to security, provided they continue to evolve and receive national-level support and funding. Education: Diploma , Ph. University of Athens, Department of Physics, He was born in Athens, in Published Work: Over articles in international scientific journals, Conferences and scientific Reports.

Decorations: Ph. He also has experience in the field of global chemical transport models and has participated in the World Climate Research Pro-gram for the assessment of large-scale atmospheric model performance.

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He participated actively in the meteorological support of the Athens Olympic Games and participated in actions aiming to improve the predictive ability of surface temperatures and wind and to develop an operational plan aiming to fight the air pollution in the Olympic cities of Volos and Heraklion. He participated in the program of the Regulatory Authority for Energy for updating the wind energy potential map of Greece He is the author of 30 peer-reviewed papers and of 55 articles in international conferences.

Professor George A. During his term In Aristotle University of Thessaloniki he was the director of its Transport Engineering Laboratory —Civil Engineering Department— for 20 years and founder and director, for 10 years, of its Postgraduate course on Transport Systems. He has also published some scientific papers and articles in magazines and Conferences, as well as 10 books 2 of which in English. He has been awarded many international awards and distinctions, among which the award for distinctive international activity of the Transportation Research Board of the American Academy of Sciences.

Sc and a Ph. D from University of London. He has directed numerous traffic and sustainable mobility studies in Greece and other countries. He is the scientific coordinator of a large number of Greek and European Commission research projects focusing on Traffic Engineering and Road Safety. He has more than publications in Greek and international scientific journals and conferences and has accepted more than citations h-index: He has an active role in formulating solutions for traffic and urban development problems in Greek cities during the last thirty years and has a systematic relevant presence in the media.

He is member of various European Commission committees for transport and quality of life. Professor, Department of Economics, University of Athens. He has presented papers at many international academic Conferences and is the author of books, research monographs, and a significant number of articles in international academic journals and collective volumes. Professor Ioannis C. He coordinated 50 research projects and was a senior researcher in other He was a Scientific Consultant in more than environmental studies and projects.

During the period he was Chair of the Directing Board of the National Center for the Environment and Sustainable Development - and member of the National Council for Research and Technology He was a member of many EU working groups on environmental issues. He has widely published and conducted research programs in the areas of Energy Modeling, Macroeconomics, Operations Research and Mathematical Programming. He has built and used a variety of large-scale mathematical models for Energy Markets, Environment and General Economic Balance and has more than 20 years professional experience of consultancy in the domain of energy and economic policy.

Graduate M. He served as Chairman of the national Committee of life-long learning and chaired the ministerial Committee for drawing up a draft of Law now L. S May-November E since November He has great research and writing activity. His scientific research and writing work on integrated multidisciplinary issues in respect to development, tourism, spatial planning, environmental management and planning is internationally recognized.

Department of International, European and Area Studies

Her scientific work includes: 13 years of teaching experience, both in undergraduate and postgraduate level, participation in 50 research projects and presentation of her research in more than conferences and workshops. She has 3 ongoing book projects and has published 65 papers in edited volumes and leading academic journals. She has also acted as external advisor to the UK Ministry of the Environment DEFRA on participatory methods and environmental valuation and she served as external expert on several environmental national committees and task forces in Greece.

He holds a B. He holds a Ph. Participant at numerous international Congresses and publications in international scientific journals with judgments and a large number of references to his work. Awarded thrice by the Academy of Athens. Member of the editorial board of international magazines.

External PhD thesis examiner in Universities abroad. Professor Anastasios Nastis He has a B. He has a B.

MSc, Ph. Lecturer of Forestry at AUT. He was coordinator of 15 European and three Greek research projects, Leader in 76 application projects. He organized 7 national and 7 international conferences. He has published papers and two books with more than citations. Operating from the sea, naval services extends influence over land to ensure that the maritime commons and its structures support the safe flow of commerce and contribute to good governance.

Also, by denying those who wish to engage in illegal activity, using the maritime domain, the Naval Service contributes to stability. Naval forces may also. Maritime operations are distinct from other military operations in three aspects —maritime domain, maritime laws and force authority.

The principal distinction between the Naval Service and the other Armed Services is the area of operations. The Naval Service operates primarily within the maritime domain, which consists of the oceans, seas, bay, estuaries, islands, coastal areas including the littorals. The significant distinction between maritime domain and maritime environment is the inclusion of the term littoral, which is comprised of two parts —the seaward portion and the landward portion. The landward portion is the area inland from the shore that can be supported and defended directly from the sea1. Approximately eighty percent of the countries of the world are maritime nations linked together by the seaward portion of the maritime domain.

Naval operations in this area are subject to tidal variations, weather, water depth, current, and corrosive influence of salt water. Many nations dispute territorial boundaries with their maritime neighbors. Tens of thousands of commercial maritime vessels, the backbone of the global economy, transit the global commons daily.

Often maritime geography, such as straits or canals, concentrates seagoing. There are members of the United Nations. Unfortunately, the number is too often used to represent the number of countries in the world. Although this number represents almost all of the countries in the world, there are still independent countries such as the Vatican City and Kosovo, that are independent and are not members of the U. A stable maritime environment contributes to global safety and security. The stability of the maritime domain is challenged in many ways by a variety of actors. These actors can be grouped as nation states, terrorist and transnational criminals and pirates.

For example, events over the past decade — the tsunami that struck the east coast of Japan ; the 11 September terrorist attack of the US; and the uprisings in North Africa and the Middle East —represent the complex challenges affecting the security environment. Additional maritime challenges, such as natural disasters, vessels into restricted spaces, creating uses of the seas and maritime rights of environmental destruction, and illegal additional challenges. For example, the Maritime law is another important di- international law.

The first are national dynamics in Asia and the Middle East stinction in maritime stability operations. Some Domestic law includes the legal statutes seas and archipelagic waters. These states provide safe havens for criminal of the coastal state that apply within their national waters are subject to territorial and terrorist organization that use these maritime jurisdiction. International law sovereignty of coastal nations, with countries as bases of operations to includes both customary international certain navigational rights reserved to the export illicit activities through the maritime law stemming from various treaties and international community.

The second are domain and into other areas of the globe. In international weaponry, components of weapons in suppressing activity such as illicit waters, all nations enjoy the high seas of mass destruction WMD , delivery trafficking of narcotics and humans. The WMD The underling concept of the law of the which include the right to conduct military issues are of great concern because the sea is based on freedom of the seas, with operations in these waters.

About open borders, challenge the sovereignty of all states. It is a critical element. Successful at-. United States Presidential Proclamation of March 10, Some terrorist groups have used shipping as a means of conveyance for positioning their agents, obtaining logistical support, and generating revenue. Terrorists have also take advantage of criminal smuggling networks to circumvent border security measures.

The capabilities to board and commandeer large underway vessels —demonstrate in many piracy incidents— could also be employed to facilitate terrorist acts6. Maritime drug trafficking generates vast amounts of money for international organized crime syndicates and terrorist organizations. Laundered through the international financial system, this money provides a huge source of virtually untraceable funds. These monetary assets can then be used to bribe officials, bypass established financial controls and fund additional illegal activities, including arms trafficking, human smuggling and terrorist operations.

Furthermore, these activities can ensure a steady supply of weapons and cash for terrorist operatives, as well as the means for their clandestine movement. In addition, there are indirect impacts in terms of loss of income and employment in related industries; any loss in income will also have impacts on the consumer demands of families working in the fishing industry8.

IUU fishing can also lead to increased pressure on endangered fish species. IUU can directly affect the population of fish species by increasing the number of fish caught within the population in spite of population management efforts by the international community. Illegal Migration The unsafe transfer and smuggling of Natural Disasters undocumented migrants is a long standing Earthquakes, mudslides, hurricanes, issue that will remain a major challenge and tsunamis are examples of natural to regional stability and probably grow in disasters that often occur in the littoral scope and severity as the number of failed regions of the world.

Depending on the or failing states increases. Transnational severity of the disaster, a regional or migration, promoted by a decline of social international response may be required. Transnational Crime and Piracy disaster. In some countries, the collapse of political Challenges and social order prompts maritime mass The continued growth in legitimate Environmental Destruction migrations, such as what the United States international commerce within the maritime domain has been accompanied by Intentional acts or acts of nature that has experienced from Cuba and Haiti or growth in the use of the maritime domain result in environmental disasters can have that Europe has experiences from North for criminal purposes.

The smuggling far-reaching and negative effects on the Africa. Immigration can also be used as of people, drugs, weapons, and other economic viability and political stability of a political tool such as mass migrations contraband, as well as piracy and armed a region.

In recent years competition for from Cuba to the United States that were robbery against vessels, produces declining marine resources has resulted unleashed by Fidel Castor. When mass instability in the littorals and elsewhere. The most obvious the response to such migrations require commercial maritime activity, especially economic impact of illegal, unreported and a significant commitment of maritime where there is significant political and unregulated IUU fishing on developing security resources.

The OIC should be fluent in English to communicate with the Master , and the detachment size is appropriately for the threat and vessel type. Capabilities should include global communications, medical corpsman, and a hour watch schedule. Non-lethal options such as specialized ammunition and weapons are also recommended. Recent events have brought the problem of piracy to the attention of the international maritime community, who now fully recognize the threat to their strategic lifelines.

The NATO Alliance, despite six decades of experience managing traditional conflict, finds itself faced with non-traditional asymmetric opposition at sea. Since the beginning of the upsurge in piracy, individual nations, NATO, EU, and the international maritime community have been actively seeking and discussing ways to address piracy. An Autonomous Vessel Protection Detachment AVPD is a military team which will embark on a ship to provide security, protection and deterrence against piracy and armed robbery at sea.

An AVPD will operate autonomously and will not rely on an assigned warship in company for immediate support. While there are a number of dealing with private security companies and the protection of ships, there is limited documentation referencing the military. This article, a condensed version of the original AVPD White paper published by CJOS COE, is designed to providea general overview from which each individual nation can build on; and serves as a stepping stone in the future development ofCounter-Piracy tactics.

It is imperative that specific MOUs or agreements are signed between the affected organizations, and states. These MOUs and agreementsshould cover as many anticipated scenarios as practical to safely and judiciously accomplish the mission. Additionally, there will need to be relationships developed through third-party countries which may aid in the logistical aspects of the movement of the AVPD.

This will build the. It is the responsibility of both the ship and the AVPD to continually incorporate any new tactics to counter the continuous evolution of pirate operations. The primary objective of the AVPD is deterrence - simply to keep pirates from boarding the ship or causing the ship any structural damage.

When potential pirates see the presence of armed guards onboard the ship itself, they will most likely stay away completely. Deterrence is less effective at night, and therefore sentry positioning and lighting must be reviewed to optimize the deterrent effect. When the situation dictates, non-lethal measures need to be employed to the highest extent possible.

Somenon-lethal methods that are currently available include firing flares, using a long range acoustic device LRAD , and use of fire hoses for close-in deterrence. Many of these techniques are currently listed in the current BMP. Layered Defensive Zones The use of a multi-layered self-defense zone is an appropriate way to address the overall defense of the ship; these areas will set a baseline for each individual AVPD to follow.

While each situation will be unique, the determination of these zones will aid in the understanding and the execution of the ROE. Surveillance Zone: Using a range of miles, the AVPD and ship should be able to locate contacts within this range via radar, thermal imagers, and information gathered throughout all available means.

Alert Zone: This zone can be defined with a range of 1 to 6 miles —subject to the level of civilian traffic and the likely speed of the threat. With the main weaponry of pirates being small arms and RPGs, the immediate threat to the ship is still minimal. Visual surveillance or electrooptical imaging at night, combined with recognition of pirate activity through common identifiers i. It is important that the AVPD team members are in a position where they are able to have proper protection with appropriate exit routes in order to take up more defensive positions if needed.

Civilian mariners and medical personnel should be prepared to evacuate areas outside the skin of the ship, such as a citadel or any other safe area of the vessel. Warning Zone: At a range of yards, just outside the practical range of a typical pirate RPG, the AVPD will be at a ready position to intercept or neutralize any sort of attack while maintaining a watch. The watch will need to identify positive visual threats such as weapons and offensive maneuvering of the pirate vessel. Depending on the indication by the suspected pirates, in accordance with ROE in force and by order of the AVPD leader, warning shots with live ammunition can thwart a potential attacker.

Depending on the capability of the AVPD personnel and the situation, the use of a possible sniper shot could also be used to disable the suspected pirate vessel. Intervention Zone: The last and most dangerous area occurs when an immediate pirate attack is happening. At this stage, the AVPD leader will ensure the detachment is properly armed, and in accordance with ROE,has authorization for the use of lethal force against the attackers.

While unlikely, consideration must be given to actions if the attack is overwhelming, or the pirates successfully embark; whether to regroup or independently proceed to the citadel or safe area on the ship. Finally, while not an actual weapon, the capability of an AVPD to get video and audio recordings of any sort of pirate attack or pre-attackcould be beneficial in both legal and tactical matters.

This footage will aid in any sort of legal action or conflict resolution scenarios taken against the pirates or the AVPD and serve as training aids for future teams. Training Each individual nation will have to set up a training process to enhance the effectiveness of the detachment. While this training will need to focus on small boat attacks and defensive measures, each individual team will need to be current and proficient in the area of small arms, close quarters combat, and medical aid.

Using a common background for training purposes based through a NATO organization would only be beneficial for the entire Alliance. Each individual member needs to understand basic DC functions aboard ships to include fire-fighting and flooding procedures. For safety considerations, ships that are carrying oil or fuel will have different safety regulations than a ship which may be carrying food or other such cargo.

AVPD elements would have to be flown to a port city and deploy onboard the ship, be onboard a military ship, or fly from a land base via helicopter. One possible dilemma could be with the transfer of weapons. When a detachment is deployed and has a cache of weapons and gear, military members could have considerable problems getting through customs and other local authorities while traveling. A significant amount of paperwork will have to be completed through support activities and would need high level intervention if the situation dictates.

The AVPD must be capable of selfsustaining logistically and medically when embarked. In any case of a major casualty, the ship or the AVPD needs to have a pre-planned contingency process to communicate to the nearest warship with an available helicopter for evacuation. The exact scale of medical personnel and equipment will be defined by each nation, with training and skilled support taken into. Conclusion In the current economic climate with. Each nation will constantly need to focus on education and training of current piracy operations and tactics. The use of AVPDs will have an extreme benefit for ships transiting through troubled waters.

NATO and the EU should consider developing a greater understanding regarding the legal implications to build on the capabilities for each nation. Developing specialized documentation and understandings with each nation will enable the military teams to fully understand legal issues to help with training efforts.

Most of the work will need to be done through diplomatic means. Logistics Determining who will pay the costs of travel and integrated expenses has to be determined by each individual country, shipping company, and organization responsible for the trip i. The additional expenses incurred Nature also took a hand and in December piracy attacks in the Malacca Strait ceased due to the devastating Tsunami that wreaked havoc in North Sumatra with a large number of casualties on 26 December The pirates, like the rest of the population lost vital equipment and some even their lives4.

In attacks on ships carrying food aid to drought stricken Somalia prompted the International Maritime Organisation IMO to call on states, operating warships and aircraft in the vicinity, to assist in preventing such attacks5. In spite of this call however, the number of attacks on ships off Somalia continued to rise. Barry Dubner in M. Mukherjee, Selected issues of law and ergonomics in maritime security, Journal of International maritime law, 10 4 AugustSeptember , pp.

A 25 Nov Contributing to this record number of attacks off Africa in were, apart from 31 attacks off Somalia and 13 attacks in the Gulf of Aden, 42 attacks recorded against ships off Nigeria7. For the ensuing five years, however, available resources, media attention and world focus on the problem of piracy in Somalia took precedence over the events relating to piracy and armed robbery of ships unfolding in West Africa and the Gulf of Guinea.

The United Nations Security Council took cognisance of the inability of states to prevent the attacks off Somalia and in issued UNSC resolutions8, permitting states to enter the sovereign territory of Somalia in pursuit of pirates. What followed was an armada of warships from the European Union, NATO and individual states navies commencing patrols off the affected region.

Material Information

In a report issued in by the Special Advisor to the Secretary-General of the United Nations on legal issues related to piracy off the coast of Somalia9, it was reported that over half of the suspected pirates captured. The failure to initiate prosecutions against many of the captured pirates highlighted the problems surrounding lack of domestic legislation and legal frameworks to prosecute. In response to this challenge The Contact group on Piracy off the coast of Somalia11, CGPCS called on the international community to update existing legislation and other additional mechanisms to ensure that pirates are prosecuted.

The group went on to make a call to all parties. The special advisor on legal issues related to piracy off the coast of Somalia having concluded that the difficulty of assembling evidence as being the main reason why pirates escape punishment Since a number of successful interventions, not the least of which was interdiction by naval vessels, and best practices applied by the international community in response to the UNSC resolutions to address the problem of piracy off Somalia14, led to a marked decrease in attacks in this region.

In forty nine 49 attacks against ships were recorded off Somalia and for the first three months of only five incidents were recorded, including the hijacking of a fishing vessel which was intercepted by naval forces before the vessel could reach Somali and the crew freed In contrast to the decrease and containment of the number of incidents off Somalia, a total of fifty five 55 attacks were recorded as having taken place in the Gulf of Guinea in with ten vessels hijacked and 15 attacks in the first three months of with three vessels hijacked What is particularly perturbing about the Gulf of Guinea piracy is that whereas the hijacking of vessels in the past was limited to the waters off Nigeria, these type of attacks have become transnational, occurring off Benin, Togo and in December and the first three months of off The Ivory.

UNSC resolutions in ,, and IMO Code of Practice for the investigation of crimes of piracy and armed robbery against ships. The contact group on piracy off the coast of Somalia, based on UNSC resolution , held its first meeting in January and identified, amongst other, the task for itself to strengthen judicial frameworks for arrest, prosecution and detention of pirates. Available at www. New York, 29 March Same as 10, p. Same as 15 above. On analysts the figures recorded by the IMB To avoid the increased premiums the 29th February the UNSC issued reflect a fraction of the total incidents due companies rerouted their vessels to ports Resolution , on the situation in the to under reporting.

This applicable to combating piracy and incident is reported According to Benin, further contributing to poverty and the prevention, and repression of piracy Jon Gambrell19, of the associated press, unemployment in the region States are thus hostage. On 28 May a Nigerian gulf of Guineau urged to criminalise piracy in their domestic navy spokesman said that no report of Lack of Legislation law, pursuant of their membership of the hijacking had been made to officials.

The schedule Gambrell points out in the press report that Resolution , on the situation of the African Union Convention on the some shippers in the region fail to report in Somalia in which it reaffirmed that Prevention and Combating of Terrorism27, hijackings publically as they fear that international law, as reflected in the United also lists UNCLOS amongst the traditional insurance premiums may be increased Nations Convention on the Law of the Sea Counter-Terrorism Conventions and as a result of the incident. This fear is UNCLOS 24, and in particular in articles Protocols, in respect of which member based on insurance increases which have , and , sets out the legal states of the African Union have the occurred due to incidents of piracy against framework applicable to combating piracy obligation to become party to, as soon as ships off certain areas of the African and armed robbery at sea.

NMIOTC Promo 2018 10 Years

At the same possible and to enact domestic legislation continent and have resulted in increased time the resolution noted with concern that in order to give effect to those conventions. In August , Benin, in the Gulf the further importance of also criminalising domestic legal framework to ensure that of Guinea was added to the list of high- incitement, facilitation, and conspiracy piracy and armed robbery against ships is risk countries compiled by the Marine and attempts to commit such acts.

As a consequence of The resolution recognises that individuals are put in place to deal with the question of. Same as 14 above. The Maritime Executive. Same as 20 above.

Publications of Other NATO Entities

Cole28, describes an adequate legal framework as one having to provide for, apart from the criminalisation of acts of piracy, the extension of the jurisdictional reach of the national courts beyond the normal limit of the national criminal jurisdiction in the territorial sea. He also states that to be effective such a framework should also provide for the criminalisation of conspiracy and attempt to commit piracy. In this regard, taking into account the developing transnational nature of piracy in the Gulf of Guinea, it is likely that acts of piracy could be planned in neighbouring states, including land locked states adjacent to the littoral state off whose waters the incident occurs.

During an open debate in the UN Security council in October on piracy in the Gulf of Guinea Nigeria underlined that the fight against piracy is a collective responsibility. During the same debate Benin pointed out that if piracy is not addressed properly, it can jeopardise socio-economic development and foreign investment in the Gulf of Guinea region An example. The outcome of the meeting was that 22 West African states became signatories to an anti-piracy code of conduct for West and Central Africa33, which incorporates many elements of the successfully applied Djibouti Code of conduct signed by 20 states in East and Southern Africa.

On 9 August the heads of state of the Southern African Development community SADC adopted an SADC Maritime security strategy amidst growing concern about threats such as piracy and other criminal activities in the seas off the African continent The purpose of the MOU is to regulate the armed forces of the three countries during the conduct of Combined Maritime Operations in the territorial waters of each country to protect the territorial waters against any illegal. The MOU gives the forces of the participating states the right to patrol, search, and arrest, seize and undertake hot pursuit operations on any maritime crime suspect or piracy This operation which is supported by a logistics base and an aircraft stationed at Pembe in Mozambique is ongoing.

Since the commencement of the operation there have been no successful pirate attacks in the Mozambique Channel. On 28 September the heads of state of Nigeria and Benin commenced an agreement to jointly patrol the waters off Benin. Since the start of the operation the number of successful pirate attacks decreased. In contrast to the operation in East Africa this joint operation was constrained by a lack of logistical support in terms of refueling and repairs facilities not being available close by According to a spokesperson from the Nigerian Navy in September , the presence of the naval ships has reduced piracy significantly.

The spokesperson also. Same as 22 above. If legislation to combat piracy is lacking or in need of harmonization among littoral member states, the security Committee of ECCAS could provide an additional instrument to assist in this regard. Cambell, K. Mashamaite, K. In contemplating this question one would first need to assess the effectiveness of capacity building assistance in the region and concomitant ability of states to singly or jointly patrol their territorial waters before possibly considering limited international patrols of the high seas off west Africa.

On 23 November , in response to attacks by pirates on ships transporting food aid to Somalia, the International Maritime Organisation IMO adopted a resolution on piracy and armed robbery against ships39, in which it appealed to all parties which might be able to assist to take action, within the provisions of international law, to ensure that all acts or attempted acts of piracy and armed robbery against ships were terminated forthwith.

The resolution also requested the Secretary-General of the IMO to continue monitoring the situation in relation to threats to ships sailing off the coast of Somalia. On March 15, ,. This call was a clear indication that Somalia was unable to protect ships on innocent passage through its territorial waters. This inability resulted in the UNSC later issuing resolutions40, permitting warships to enter the sovereign territory of Somalia in pursuit of pirates. In the Gulf of guinea, at present all the countries have functioning governments and criminal justice systems. According to Dr Augustus Vogel41, however, there are fewer than 25 maritime craft longer than 25 meters available off of west and central Africa for interdiction operations.

The report of the United Nations assessment mission on piracy in the Gulf of Guinea42, points out that no country in the region has the capacity to deal with maritime insecurity alone as many pirate attacks occur beyond territorial waters and in the exclusive economic zones. The report recommends that international partners provide funding and support to ensure adequate patrols off the coast of Benin. Will the vertiguos increase in pirate attacks and the immediate lack of adequate naval resources necessitate assistance from foreign navies, similar to the assistance provided off the Horn of Africa, to deal.

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