Understanding of piracy’s international context hasn’t gone so far. There is recognition of the duty of all nations to cooperate in the repression of piracy, included in the 1958 Geneva Convention on the High Seas and the 1982 Law of the Seas Convention. These laws state: “All states shall cooperate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State.” But this is catch-22. A pirate is not a pirate until he has hijacked a ship — and when he has done so he is only subject to international law when it is outside the jurisdiction of a state. The majority of recent hijackings have occurred around 20 miles offshore — legally placing them under the rule of the Somali government. Warnings have been issued to vessels to stay beyond 50-75 miles; however the act of commandeering has frequently taken place with the mother ship operating within the confines of international law.

The Security Council has tried to respond. It recently passed a resolution allowing vessels from international countries to patrol Somalia’s water and repress pirates “by all necessary means”. However, this month saw record seizures — four vessels in 48 hours. Ad hoc methods don’t work. The world needs a unified approach to reforming law five hundred years old. And the evidence suggests that in order to combat piracy that approach needs to use the systems we’re developing for terrorism for something that is, in so many ways, terrorism of the sea.

... contd.