NATO sent a small flotilla to the coast of Somalia. Additionally there are ships from Russia, Britain, India and the U.S. in the area. Supposedly they are looking for pirates along the 1,880 miles of Somali coastline.
But nobody knows what these ships can really allowed to do. What distinguishes a pirate boat from fishermen? What could be done when some fishermen are observed capturing a cargo ship. Are Somalis boarding an international ship which is illegally fishing in Somali waters pirates or informal coast guards?
"We don’t know," say’s NATO:
U.S. Admiral Mark Fitzgerald said while he was aware of where the pirates were operating, there was little he could do militarily to stop them and that guidelines on how to take them on — including whether to shoot — were still in the works.
"You know, I don’t think we’ve gotten the rules of engagement yet from NATO," Fitzgerald told reporters on Monday during a briefing on U.S. naval operations in Europe and Africa.
Those rules of engagement will likely be very restricted.
The German frigates who are part of the NATO flotilla are, for example, not allowed to engage pirates at all. The German constitution sees pirates as a police problem, i.e. a state coast guard issue, not a federal military task.
Other countries have similar restrictions:
[The Danish] captured 10 people, but after holding them for six days aboard a Danish ship, the suspects were set free and put ashore in Somalia because the legal conditions surrounding their detention were unclear.
Denmark’s Defence Ministry said Danish law did not allow for prosecution of the men before a Danish court. The ministry said it had explored the possibility of handing them over to other countries but that was also not feasible.
There is now a UN resolution which allows some measures against pirates in Somali waters, but this is unlikely to change national caveats.
Unless the world accepts and negotiates with a Somali government that the Somalis
themselves recognize as legitimate, there is little anyone can do about
the problem.
Despite all the media notice piracy around Somalia gets, it is by far not the most dangerous area. The International Maritime Bureau lists the coasts of Nigeria, Indonesia and Tanzania as comparatively more dangerous waters.
For now crewmen on board of cargo ships ready to hose down lots of water on anyone trying to board their ship seem to be the best defense against piracy. The IMO’s advice to captains:
Water hoses compel the attackers to fight against the jet of water that may also swamp their boats and damage their engines and electrical systems. Water pressures of 80lb per square inch and above have repulsed boarding parties. Special fittings for training hoses may be considered to provide protection for the operators. A number of spare fire hoses could be rigged and tied down to be pressurized at short notice if a potential attack is detected.
That is certainly cheaper and likely more effective than the current toothless cannon-boat policies.