Overview of the global piracy situation

1
Overview of the global piracy situation

• Nicolaos L Charalambous
• Deputy Director (Maritime Security and
  Facilitation)
• Maritime Safety Division
• International Maritime Organization

2
What constitutes a crime?

• Societies define crime as the breach of one or
  more rules or laws for which some governing
  authority or force may ultimately prescribe a
  punishment.

3
Classification of crimes at sea (1)(by nature of
the activity)

• Piracy
• Unlawful acts against the safety of navigation
• Transportation of slaves
• Unauthorized broadcasting at sea
• Causing damage to submarine cables
• Armed robbery against ships
• Illegal, unreported and unregulated fishing
• Unauthorized dumping of waste
• Smuggling illegal migrants

4
Classification of crimes at sea (2)(by nature of
the activity)

• Smuggling prohibited drugs or psychotropic
  substances
• Unauthorized transportation of protected species
  
• Transportation of illegally exported goods
• Barratry and unlawful seizure of cargoes
• Deliberated discharge of marine pollutants or of
  harmful substances
• Failure to render assistance to persons in
  distress at sea
• Failure to comply with provisions of the
  regulation for the avoidance of collisions and
• Boarding a ship as a stowaway.

5
Classification of crimes at sea(by other
criteria)

• Where they take place?
• By whom are they committed?
• Against whom or what are directed?
• What means used?
• What are the consequence?
• Which States can exercise jurisdiction?
• What are the applicable laws?

6
Piracy and armed robbery against ships(the
definitions)

• Piracy means unlawful acts as defined in
  Article 101 of the United Nations Convention on
  the Law of the Sea.
• Armed robbery against ships means any unlawful
  act of violence or detention or any act of
  depredation, or threat thereof, other than an act
  of piracy, directed against a ship or against
  persons or property on board such a ship, within
  a States jurisdiction over such offences.

7
Piracy(Article 101 of UNCLOS)

• Piracy consists of any of the following acts
• 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
• (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).

(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
8
Constraints and limitation of the statistical data

• The data do not include all acts of piracy or of
  armed robbery committed each year as some opt not
  to report.
• The data do not provide accurate or precise
  picture as far as the absolute numbers of such
  acts.
• The data provide a good and sound statistical
  sample for drawing reasonable and safe
  conclusions and for identifying the required
  protective measures and the actions to be taken
  for repressing such acts.

9
Piracy and armed robbery against ships by year
10
Reported incidents of piracy by year
11
Reported incidents of armed robbery by year (in
territorial waters)
12
Reported incidents of armed robbery by year (in
port areas)
13
Reported use of weapons by year and region
14
Reported hijackings of ships by year and region
15
Persons taken as hostages by year and region
16
Lives lost by year and region
17
The global picture (1)(1 January 2003 to 15 May
2009)

• The yearly global numbers of
• Acts of piracy and armed robbery against ships
  has been declining and the numbers for 2007 and
  2008 are heavily influenced by the situation in
  the waters off the coast of Somalia
• Acts of piracy has shown a steady declined during
  the period between 2003 and 2006. However, the
  decline has been reversed, during 2007 and 2008,
  as a result of the incidents off the coast of
  Somalia
• Acts of armed robbery committed within
  territorial waters has been showing a declining
  trend

18
The global picture (2)(1 January 2003 to 15 May
2009)

• The yearly global numbers of
• Acts of armed robbery committed within port
  areas, including roadstead and anchorages has
  decreased considerably
• Ships hijacked has been increasing
• Persons held hostages for ransom has been
  increasing
• Lives lost has shown a decreasing trend.

19
Reported incidents of piracy and armed robbery by
year and region
20
Reported incidents of piracy by year and region
21
Reported incidents of armed robbery by year and
region (in territorial waters)
22
Reported incidents of armed robbery by year and
region (in port areas)
23
The global picture (3)(1 January 2003 to 15 May
2009)

• The situation in the
• South China Sea has improved. However, there is a
  need to intensify the actions which are being
  taken as incidents, including hijackings of ships
  and demands for the payment of ransom, continue
  to occur
• Straits of Malacca and Singapore has drastically
  improved as a result of the assertive and
  coordinated efforts of Malaysia, Indonesia and
  Singapore and
• Indian Ocean region, the Caribbean region and the
  Atlantic side of the South America has been
  improving.

24
The global picture (4)(1 January 2003 to 15 May
2009)

• The situation off the
• East coast of Africa and, in particular, off the
  coast of Somalia has continuously been
  deteriorating and is of a grave concern. Hence,
  there is an immediate need to take, forthwith,
  actions so as to bring matters under control and
• West coast of Africa and, in particular, in the
  Gulf of Guinea has seriously deteriorated. Hence,
  there is an urgent need to take, forthwith,
  actions so as to bring matters under control.

25
The global picture (5)(1 January 2003 to 15 May
2009)

• East and West coast of Africa account for 61 of
  the total number of incidents reported globally
  during 2008 and 75 of the incidents reported
  since 1 January 2009.
• East and West coast of Africa and the South China
  Sea account for 72.5 of the total number of
  incidents reported globally during 2008 and 84.6
  of the incidents reported since 1 January 2009.
• The East and West coast of Africa, in particular
  the areas off the coast of Somalia and the Gulf
  of Guinea and the South China Sea, continue to be
  the hot spots.

26
The perpetrators

• Acts, and the attempted acts, off the coast of
  Somalia, in the Gulf of Guinea and in some parts
  of the South China Sea have all the hallmarks of
  systematic, organized and premeditated criminal
  activities by well trained and well equipped
  perpetrators.
• In port areas and in territorial waters and
  elsewhere the activities appear to be
  opportunistic and random attempts.

27
The current and projected situation off the
coast of Somalia

• Overall pirate hijacking success rate between 1
  January and 20 April 2009 was 23 .
• The pirate hijacking success rate for 2008 was
  40.
• Alarming increase in the absolute number of
  attacks.
• An unprecedented expansion of the activities in
  the India Ocean up to 600 nautical miles off the
  coast of Somalia.
• Between 1 January and 20 April 2009, 19
  successful hijacking and 81 reported pirate
  attacks, representing an increase of over 650
  from the same period during 2008.
• UNOSAT predicts that, if this attack rate is
  sustained, it will easily surpass the record
  number of 115 attacks in 2008 and could climb to
  200 attacks in 2009.

28
What IMO has done and is doing? (1)

• Measures to prevent acts of piracy and armed
  robbery against ships which require action by
  Governments and the maritime community.
• Recommendations to Governments and Guidance to
  shipowners and ship operators, shipmasters and
  crews for preventing and suppressing piracy and
  armed robbery against ships which are applicable
  in all parts of the world affected by piracy and
  armed robbery.
• Resolutions A.979(24) and A.1002(25).

29
What IMO has done and is doing? (2)

• The concerns of IMO and of the maritime community
  are
• First, there is a need to protect seafarers,
  fishermen and passengers on ships sailing off the
  coast of Somalia and in the Gulf of Aden
• Secondly, there is a need to ensure the safe
  delivery of humanitarian aid to Somalia effected
  by ships employed by the World Food Programme
  and
• Thirdly, there is a need to preserve the
  integrity of the shipping lane through the Gulf
  of Aden, given its strategic importance and
  significance to shipping and trade East and West
  of the Suez Canal.

30
What IMO has done and is doing? (3)

• The situation is a symptom of a wider problem of
  lack of government and the rule of law, both
  ashore in Somalia and at sea.
• Other issues need to be addressed in order to
  ensure long-term stability.
• The only way to ensure the long-term security of
  international navigation off the coast of Somalia
  is through a concerted effort to stabilize the
  situation ashore.
• IMOs strategy may best be summarized as one of
  containment, until such time as a viable solution
  ashore can be found.
• _______