law of the sea and airspace presentation

Private Security Measures Transnational Threats in the Maritime Domain

Commander James Kraska Howard S. Levie Chair in Operational Law United States Naval War College Senior Fellow Center for Oceans Law & Policy University of Virginia School of Law

Presenter

Presentation Notes

Secretary Clinton – 21st Century Solution to a 17th Century crime.” Multiple dimensions –social (clan), political (warfare-militia) Operational 24-nation CMF/CTF 151 (MARLO Bahrain) NATO EU NAVFOR SOMALIA (Operation Atalanta) (MSC-HOA) Legal Tools and development of a “legal toobox” of resources and precedents

Threat

⇔ Escalation • WFP, SLOCs

⇓ Ships & hostages ⇑ Ransoms

Presenter

Presentation Notes

30,000 vessels annually ply this strategically important area that includes the Gulf of Aden, the Red Sea, the Arabian Sea and the western Indian Ocean. Going around is longer, and more expensive, navigational route around the Cape of Good Hope in Southern Africa (extra 2,700 miles and 10-14 days). Gulf of Aden in 2008 accounted for more than thirty percent of the 293 total attacks reported worldwide. Ransom are going up – almost doubled in past 2 years from $1m to 3.5-4$m+ 2008 nearly 900 seafarers were taken hostage Number of attacks -18% in first half of 2010 (196) in GoA, but +14% (51) in Somali Basin Seasonality—Monsoon-Now 18 ships and 379 hostages (summer monsoon 11 ships and 261 hostages August). At greater risk: Slower ships with a low freeboard Not in conformity with BMP

3

Response

IMO ⇒ UNSC • CMF, NATO, EU • Catch & release • Trials

BMP

4

PMSC—PCASP • Carriage of arms • Use of force

• UNCLOS • IMO—ISO

finis 6

Presenter

Presentation Notes

Photo by Rod Smith in IRD; Ship: USS Laboon House: Horsehead, Jamestown, RI

US Carrier

A

B

C

D

E

F

ITAR Personal

Exemption (Crew)

+Export Lic.

Personal Exemption

(Crew) +Export Lic.

Personal Exemption (security

team)+Export Lic.

Personal Exemptions

Export License Weapons loaded

outside US

Weapons

AK-47 Side Arms

X4 AR-15 x1 .50cal S.

Auto; x2 Shotgun

x4 Side Arms

M4/AR-15 Shotguns Side Arms

NVG / Armor

x4 M4/AR-15 x1 Shotgun

x4 Side Arms

S. Auto Rifles Shotguns

x3 Shotguns

Port Entry

Dubai, UAE – Declared in

ship’s stores; secured master’s

cabin

Egypt & UAE

Declared in ship‘s stores

Jebel Ali, UAE

Weapons declaration from

CSO

Suez, Egypt

Declared in ship’s stores; inert;

firing mechanisms

removed

Egypt & UAE

Declared in ship’s stores; secured

locker

Fujairah – Procedures

not reported by company

Embark/Disembark

Unarmed security in

Egypt, Malta, UAE.

Armed security

embarks in Iraq.

Weapons secured onboard

Unarmed security in

Suez.

Debarks in Dubai.

Weapons secured onboard

Security aboard continuously

Unarmed security in Egypt and

Kuwait.

Disabled weapons secured

onboard

Cairo, Alexandria Unarmed security team members in

Durban, Suez, Sri Lanka,

Bahrain, and Fujairah

law of the sea and airspace presentation

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