The court's ruling gives prosecutors wider latitude to go after people who attack U.S. vessels, U.S. Attorney Neil MacBride said. "For decades, the international community has considered violent attacks on the high seas as an act of piracy, and today's ruling will strengthen our ability to hold those who attack U.S. vessels by force accountable, regardless of whether they are successful or not," said MacBride, whose office handled both cases.You can take look at the decision by going here.
In one case, a lower court judge dismissed charges against five Somalis in an attack on the USS Ashland, ruling since the men had not taken control or robbed the ship their actions did not rise to the definition of piracy. The ruling sends that case back to U.S. District Court for trial, the government said.
In the other case, prosecutors convicted five Somali men who attacked the USS Nicholas. It was the first piracy conviction in a U.S. courtroom since 1819. The ruling by the three-judge panel of the 4th U.S. Circuit Court of Appeals upheld those convictions and the life sentences the men received.
The Maersk Texas, a multi-purpose dry cargo ship, was attacked by pirates in the Gulf of Oman but guards repelled the attack, Maersk Line Ltd, a unit of Danish shipping and oil group A.P. Moller-Maersk , said on Wednesday.Private armed security guards win again.
| ShipSpotting.com |
 |
| © Rogério Cordeiro |
 |
| A "Bulker" |
The Baltic Exchange's main sea freight index, which tracks rates for ships carrying dry commodities was flat on Monday, as weak Chinese demand weighed on rates for dry bulk vessels.***China is the world's biggest consumer of iron ore, coal and other base metals, but recent data has shown the economy cooling more quickly than expected, with industrial output growth slowing sharply in April.Analysts expect the dry bulk segment to face short-term weakness as Chinese buyers are deferring delivery or have defaulted on coal and iron ore deliveries to weather the current slide in steel and raw material costs.
Chinese consumers of thermal coal and iron ore are asking traders to defer cargos and defaulting on their contracts, the Financial Times reported on Monday.
The newspaper cites traders as saying the deferrals and defaults, which have only emerged in the last few days, have contributed to a drop in iron ore and coal prices.
"We have some clients in China asking us this week to defer volumes," a senior executive with an unnamed global commodities trading house is quoted as saying.
The deferrals are described by the FT as the clearest sign yet of the impact of the country's economic slowdown on the global raw materials markets.
"China is hand to mouth at the moment," the unnamed source is quoted as saying.
Baltic Dry Index is a daily average of prices to ship raw materials. It represents the cost paid by an end customer to have a shipping company transport raw materials across seas on the Baltic Exchange, the global marketplace for brokering shipping contracts. The index is quoted every working day at 1300 London time. This index can be used as an overall economic indicator as it shows where end prices are heading for items that use the raw materials that are shipped in dry bulk.
The USSR may be gone ... but Russia has not gone anywhere.
While the news seems to be all around Russia from the rise of China, the incredible success of the Baltic states, Afghanistan and Central Asian Republics, to the European edge of the "near abroad" - Russia continues to be a major player.
Is it still feeding off the corpse of the USSR, or is there a new dynamism and potential? If not a democracy in the Western sense and not Communist either - what is it?
Where does it see its role beyond a seller of weapons and energy? Is Putin just about Putin - or does he have a larger vision for Russia?
Why has Russia taken the position it has from Syria to Iran in the face of world opinion?
To discuss this and more, for the full hour we will have returning guest Dr. Dmitry Gorenburg, Senior Analyst, CNA Strategic Studies, an Associate at Harvard’s Davis Center for Russian and Eurasian Studies, and author and host of the Russian Military Reform blog.
But fishermen on the impoverished coast said that their boats had also been destroyed, and that they feared being caught up in further attacks aimed to damage pirate operations.
“The pirates cannot be easily identified, as they mingle with the fishermen -- the boats are the same and the people look alike unless they are armed,” said Mohamed Hassan, a local fisherman in the Harardhere region.
“The fishermen are also victims -- some of the boats destroyed by the international forces belonged to local fishermen, and we are very much worried that fishermen will die in such operations,” he added.
***
However, fisherman Kahin Abdurahman said that forces should instead send ground troops capable of distinguishing between pirates and civilians.
“The international forces should stop flying helicopters and firing missiles from the sky,” Abdurahman said.
“If they need to, then their operation must distinguish between local fishermen and pirates, so they must deploy foot soldiers on the ground.”
***
The EU naval force said no Somalis were injured in Tuesday’s strike, and that the attacks were focused on “known pirate supplies” -- prompting a furious response from pirates.
“If they continue attacking Somali coastal villages, then there will be terrible consequences,” said Abdi Yare, a pirate chief in the notorious pirate base of Hobyo, on the central Somali coast.
“The so-called anti-piracy forces are now engaging in a very dangerous part of their mission.” (emphasis added)If I were a Somali fisherman, I don't think I'd be holding my breath waiting for the "foot soldiers" to arrive.
Typical Somali fishing/pirating craft
I would, on the other hand, move my boat to an area away from the pirates.
Or paint a big red "X" on each of the pirate boats for easier targeting from the air.
Just saying.
Opening address by IMO Secretary-General Koji Sekimizu
May 16, 2012
MSC 90
Secretary-General Koji Sekimizu's opening address to the High-level segment on arms on board
16 May 2012
Thank you, Mr. Chairman.
Excellencies, distinguished delegates,
As I mentioned in my opening remarks to the meeting, this is the first ever high-level segment of the Committee and its importance is underscored by the presence here today of the President of the Assembly and the Council Chairman. I am particularly pleased to welcome and receive the support of the host Government through the participation of the Secretary of State for Transport – the Right Honourable Justine Greening MP – and of many Ambassadors, High Commissioners, Vice Minsters and others who have indicated their wish to participate in this very important debate – I wish to express my sincere appreciation to you all.
Reports received by the Organization indicate that, although the number of attacks by pirates continues to increase, the proportion of attacks that are successful has decreased. This may be due to a number of factors, including naval protection and better implementation of IMO guidance and Best Management Practices, including the use of Privately Contracted Armed Security Personnel (PCASP). There is anecdotal evidence that the number of ships carrying firearms has increased. On the basis of declarations of weapons carried and on their observations, naval forces estimate that around 25% of ships in the High Risk Area are carrying firearms, however it is also believed that a number of ships are not declaring the presence of private armed security for various reasons, including the lack of flag State approval.
The carriage of firearms on board merchant ships is a complex legal issue with Member States taking diverse positions. The Committee has determined that the carriage of armed personnel is a matter for flag States to authorize, however it has also accepted that their carriage has legal implications for coastal and port States, particularly with respect to the carriage, embarkation and disembarkation of firearms and security equipment in areas under the jurisdiction of such port or coastal States.
Resolution A.1044(27) on piracy and armed robbery against ships in waters off the coast of Somalia endorses the position of this Committee that seafarers should not carry firearms and that the carriage of armed personnel on board ships for enhancing their protection should be left to flag States to decide, once a thorough risk assessment exercise has been carried out and following consultations with the shipowners concerned.
Amongst other things, the resolution strongly urges Governments which have not already done so:
.1 to decide as a matter of national policy, whether ships entitled to fly their flag should be authorized to carry privately contracted armed security personnel and, if so, under what conditions; and
.2 in their capacity as port or coastal States, to decide on their policy on the embarkation, disembarkation and carriage of privately contracted armed security personnel and of the firearms, ammunition and security-related equipment, and to promulgate it widely to other Member Governments, to industry, and to the Organization.
As a truly global industry with many stakeholders, shipping benefits from harmonization of procedures, adoption of common minimum standards and clarity with respect to national legal regimes. However, while progress has been made on developing general guidance, policy on the use of Private Security Guards is not common among Member Governments and, across the shipping industry. There are no agreed minimum performance standards for Private Security Guards and ships using them are subject to many, diverse legal regimes at present.
In order to stimulate debate on this important subject, we have issued MSC 90/20/5, which describes the current situation and outlines a number of related policy issues requiring further deliberation by this Committee. While recognizing the reality of the situation in which Private Security Guards are employed and the diverse positions of Governments, there is a need to consider how the international community should deal with the issue of Private Security Guards and, in particular, the need to arrive at practical solutions to the issue.
Since the issue of Private Security Guards on board ships is of utmost sensitivity and requires detailed consideration of the policy issues involved, I considered it particularly helpful and appropriate, under this agenda item, for the Committee to engage in a high-level policy debate on this topic.
I invite all Member Governments representing flag, port and coastal States and States of seafarers, and shipowners to share their views on this issue of arms on board which is now critical for the international maritime community.
The outcome of your discussions today will provide the clear policy direction required for subsequent discussions on related, technical documents that the Committee and its Maritime Security and Piracy Working Group will be considering under this agenda item.
***
We have been dealing with piracy problems off the coast of Somalia for 5 years now.
Despite serious efforts by Governments, navies and the industry, the international community has not been able to stop Somali piracy.
We have seen significant developments over the last 4 years:
 |
| MOD Photo |
Flames erupt into the sky from a skiff floating adrift in the Indian Ocean, a powerful demonstration of the Royal Navy’s might as it fights the scourge of Somali piracy.
HMS Westminster
The boat was blown out of the water by a Merlin helicopter, flown from HMS Westminster, which strafed the vessel, setting fire to fuel tanks.
European Union forces on Tuesday attacked a Somali pirate base for the first time, using a combat helicopter to strafe several of the signature fiberglass skiffs that the pirates use to hijack ships.No "boots on the ground" - but a necessary move to slow down the pirates. Now, pirate whining as reported by the AP at Somali pirate: EU airstrike destroyed equipment:
***
Lt. Cmdr. Jacqueline Sherriff, a spokeswoman for the European Unions anti-piracy force, said that the European forces destroyed at least five skiffs that were still on land with small arms fire and that the attack lasted a couple of minutes. This is a fantastic opportunity,’’ she said. “What we want to do is make life more difficult for these guys.’’
Oh, no! Not a "setback!"A Somali pirate says an airstrike by the European Union naval force patrolling the Indian Ocean has destroyed speed boats, fuel deports and an arms store.
A burning pirate skiff from a previous counter-piracy event
Bile Hussein, a pirate commander, said Tuesday the attack on Handulle village in the Mudug region will cause a setback to pirate operations. The village lies about 18 kilometers (11 miles) north of Haradheere town, a key pirate lair. There were no reports of deaths in the attack, Hussein said.
Turkish commandos have arrested 14 pirates thought to be from Somalia off the coast of Oman and freed seven Yemeni sailors they were holding hostage, the army said on May 13. A helicopter of the frigate Giresun, which operates with NATO forces in the region, spotted the boat on May 11 around 190 nautical miles from the Omani coast, the army said in a statement on its website. Commandos stormed the boat and seized nine assault weapons, a rocket launcher and other materials, said the statement, which was accompanied by photographs showing the suspects with their arms in the air as the raid began.More from Saturn5 over at his blog, Bosphorus Naval News (more photos at his site and here):
Taking the fight to the pirates!The S-70B Seahawk helicopter attached to TCG Giresun spotted the dhow at 14:50, 190 nautical miles off the coast of Yemen. The dhow acting as a mother ship was stopped by the helicopter and TCG Giresunarrived at the dhow and the naval special forces team boarded the dhow at 17:00. 14 Somali pirates were arrested and 7 Yemeni fisherman, the original crew of the dhow were freed by naval commandos.
THE controversial Sea Shepherd leader Paul Watson has apparently been arrested in Germany and could be facing extradition to the Central American nation of Costa Rica over the ramming and water-canon attack on a commercial shark fishing ship a decade ago.Sea Shepherd asserts it's all a big misunderstanding of some sort. Their version is here:
Costa Rican media are reporting Watson, labelled an eco-terrorist for his anti-whaling campaigns, is facing attempted murder charges for ramming and then attacking the fishing ship as it was disabled and adrift.
On order of the Guatemalan authorities, Sea Shepherd instructed the crew of the Varadero to cease their shark finning activities and head back to port to be prosecuted. While escorting the Varadero back to port, the tables were turned and a Guatemalan gunboat was dispatched to intercept the Sea Shepherd crew. The crew of the Varadero accused the Sea Shepherds of trying to kill them, while the video evidence proves this to be a fallacy. To avoid the Guatemalan gunboat, Sea Shepherd then set sail for Costa Rica . . .When last heard from the vessel involved in this incident, Farley Mowat (pictured above), had been arrested by the Canadian government and then sold to cover a portion of its berthing fees.
