Piracy in the Strait of Hormuz

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Piracy has taken place in a maritime area bounded by Suez and the Strait of Hormuz. Approximately 35 percent of all crude oil shipped by sea and one-third of all liquefied natural gas pass through the strait. [1]

Contents

High Risk Areas (HRA)

High Risk Areas for piracy (HRA) have been declared in different parts of the world to reflect precautions to be taken when ships transit them. [2] These include the following:

Contact Group of Piracy off the Coast of Somalia (CGPCS)

As per the Contact group of Piracy off the Coast of Somalia (CGPCS), the HRA (updated on 8 October 2015) is an area bounded by the following: [3] In the Red Sea: northern limit: Latitude 15°N, In the Gulf of Oman: northern limit: Latitude 22°N Eastern limit: Longitude 065°E Southern limit: Latitude 5°S

Joint War Committee (JWC)

As per the JWC, as of 12 June 2013, in the Indian Ocean, the waters enclosed by: on the North West by the Red Sea, south of Latitude 15° N; on the west of the Gulf of Oman by Longitude 58° E; on the east, Longitude 78° E; and on the south, Latitude 12° S excepting coastal waters of adjoining territories up to 12 nautical miles offshore unless otherwise provided constitute Hull War, Piracy, Terrorism and Related Perils Listed Area. [4]

International Bargaining Forum (IBF)

The IBF is a forum based in London consisting of two parties - IMEC and ITF Seafarers trust. [5] IMEC, a London-based maritime employers committee consisting primarily of ship managers and manning agents as members, and the London-based ITF (as a representative of worldwide seafarer employee unions) together decide the limits of areas to be designated as war like or extended risk. [6] This has two commercial repercussions. For ship owners, it results in added insurance (H&M and P&I) charged from ships for their transit. For seafarers, it results in additional wages drawn for the duration of their transit in exchange for the higher risk to their lives. [7]

The IBF has designated regions off Africa and Asia under 3 categories, each of which has different commercial implications:

The above have resulted in the proliferation of floating armouries [8] - ships owned by private military contractors that allows their armed security guards (usually ex defence personnel from UK, France, EU and United States) to be hired by ship owners for a daily hire rate. [9] The austerity moves in western nations since 1990 led to an increase in such private outfits as defence personnel were laid off. [10] The presence of floating armouries in the Indian Ocean has resulted in widespread criticism from neighbouring countries, especially India and Pakistan due to the obvious security concerns and incidents like the Enrica Lexie case. [11] [12] In 2014, the government of Egypt also protested at the IMO that the classifying of their waters as WOA has resulted in hurting their maritime ports. [13] [14] [15]

Changes from March 2018

Note: Due to continuous changes, this section may not be up to date

From 1 March 2018, the IBF list of designated risk areas was revised as follows:

Summary

A table summarising the risk areas related to piracy is tabulated below.

AreaAgencyNorthern LimitEastern LimitSouthern LimitWestern LimitRemarks
HRAShipping Industry, Contact Group of Piracy off the Coast of Somalia (CGPCS)Suez and Strait of Hormuz65°E [19] 10°SEastern Coast of Somalia and other littoralsPromulgated in August 2011, Revised in October 2015
War Risk Area (WRA) Joint War Committee, LondonRed Sea south of 15°N78°E12°SWest of Gulf of Oman by 58°EPromulgated in June 2013 and reviewed in June 2015. [20] Does not include territorial waters of Coastal States unless otherwise mentioned
Warlike Operations Area International Transport Workers Federation (ITF)/ International Bargaining Forum (IBF) 12 n.m. off Somali North Coast---Promulgation: 1 July 2014 [21]
HRA International Transport Workers Federation (ITF)/ International Bargaining Forum (IBF) -Rhiy di-Irisal on Suqutra Island to 14 18°N, 53°E to the coastline at the border between Yemen and Oman, together with a 400-mile zone off the eastern coast of Somalia i.e. from Suqutra Island down to the Kenyan border in the South-Coastline at the border of Djibouti and Somalia to 11 48 ° N, 45°E; from 12° N, 45°E to Mayyun Island(Bab-al-Mandap Straits)Promulgation: ITF (1 April 2011)/ IBF (25 Mar 2011). Excludes Internationally Recognised Transit Corridor (IRTC). Reviewed 1 July 2014 [21]
Extended Risk Area International Transport Workers Federation (ITF); International Bargaining Forum (IBF)26°N78°E10°SCoastline at the border of Djibouti and Somalia to 11 48 ° N, 45°E; from 12° N, 45°E to Mayyun Island(Bab-al-Mandap Straits)Promulgation: ITF (1 April 2011)/ IBF (25 Mar 2011). Includes IRTC

Controversy

With the decline of the number of successful and attempted piracy incidents since 2012, the extent and scope of the HRA has increasingly become controversial. This notably concerns whether the territorial waters and EEZ’ of the Western Indian Ocean littorals should be considered part of the HRA. [22]

Position of coastal states

Littoral states want the scope of the HRA reviewed on account of economic considerations and of the proliferation of arms and ammunition in the HRA. [22]

Position of shipping industry

The shipping industry assessment in 2015 was that it was yet early to revise that scope of the HRA, as revising the HRA could lead to 'loss of awareness' in the industry and possible 'disengagement' of naval actors. [22]

Developments

2012

November

At the 12th CGPCS held on 25 July 2012, CGPCS 'noted' the continued reduction in the reach and extent of piracy in the East Arabian Sea, especially east of 70 degrees East, and asked Working Group (WG) 3 to consider a review of the HRA through discussions with industry, the drafters of BMP. [23]

December

At the 13th CGPCS held on 11 December 2012, CGPCS 'noted' the proposed meeting of a sub-group of WG 3 on 15 January 2013 in London which will include interested Member States and representatives of the insurance and maritime industry to further discuss the issue of the review of existing boundaries of the HRA on an objective and transparent basis taking into account actual incidents of piracy. [24]

2013

January

At the WG3 ad hoc meeting on HRA on 15 January 2013 at London, Egypt, India, and Oman submitted papers replying to inquiries of the industry and requesting review of the scope of the HRA. [25]

May

At the 14th CGPCS held on 1 May 2013, it was decided that WG3 will hold another ad hoc meeting on the HRA in the second half 2013 to review the threat assessment by naval forces, any changes in the position of stakeholders, and the possibility of reducing the scope of the HRA. [25]

November

At the 15th CGPCS Plenary session, the Chair of Working Group 3 (WG3) noted the enduring concern of countries over the scope of the HRA and submitted that the industry desired more time for internal deliberation after the first meeting of a SHADE working group to conduct a threat analysis in December 2013. Several delegations expressed the importance of implementing the convening of an ad hoc meeting to review the scope of HRA before the end of 2013 and expressed regret that the meeting has not been convened. Those delegations expressed their view that the 'extended HRA as outlined in BMPs 3 and 4 does not reflect the reality regarding piracy activity in the Red Sea and some parts of the Indian Ocean'. [26]

2014

May

At the 16th CGPCS plenary, on 14 May 2014, it was noted that 'the enduring concern of some countries on the scope of the HRA' and 'the fact that the ad hoc meeting to discuss this issue, as agreed to in previous Plenaries, is yet to be held' and it was agreed to convene an ad hoc meeting on the HRA issue just before the 17th Plenary. [26]

October

A special, ad hoc meeting on the scope of the HRA was convened on 26 October 2014, by the (CGPCS), prior to the 17th Plenary. The meeting agreed that a future meeting on the same subject should be convened by the Chair of the CGPCS by end of Mar 15 to facilitate a recommendation on the review of the scope of the HRA. [27]

2015

March

On 13 March 2015 an extraordinary meeting of the CGPCS was held to address the issue of the revision of the HRA. several countries called on the industry to review and redraw the High Risk Area from 78° East to 65° East and exclude the Red Sea, the Gulf of Oman and the Exclusive Economic Zone of Pakistan from the HRA. [28] It was agreed to initiate a process to review the HRA based on a threat assessment by the military followed by a risk assessment by the shipping industry. [22]

On 17 March 2015, at a session of the Subcommittee on Security and Defense of the European Parliament, Dr Marcus Houben, stated that the CGPCS was 'confident that a solution to this issue will be found within the context of the CGPCS in the near future'. [29]

October

On 8 October 2015, the European Union Chair of the Contact Group of Piracy off the Coast of Somalia (CGPCS) announced a revision of the limits of High Risk Area (HRA). The new limit was placed at 65°E Longitude. [19]

List of countries seeking review of HRA

  1. Bangladesh
  2. Djibouti
  3. Egypt
  4. India
  5. Indonesia
  6. Mauritius
  7. Oman
  8. Pakistan
  9. Qatar
  10. Russian Federation
  11. Saudi Arabia
  12. Seychelles
  13. South Africa
  14. United Arab Emirates [30]

See also

Related Research Articles

Arabian Sea A marginal sea of the northern Indian Ocean between the Arabian Peninsula and India

The Arabian Sea is a region of the northern Indian Ocean bounded on the north by Pakistan, Iran, and the Gulf of Oman, on the west by the Gulf of Aden, Guardafui Channel and the Arabian Peninsula, on the southeast by the Laccadive Sea, on the southwest by the Somali Sea, and on the east by India. Its total area is 3,862,000 km2 (1,491,000 sq mi) and its maximum depth is 4,652 meters (15,262 ft). The Gulf of Aden in the west connects the Arabian Sea to the Red Sea through the strait of Bab-el-Mandeb, and the Gulf of Oman is in the northwest, connecting it to the Persian Gulf.

Piracy Act of robbery or criminal violence at sea

Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable items or properties. Those who conduct acts of piracy are called pirates, while the dedicated ships that pirates use are called pirate ships. The earliest documented instances of piracy were in the 14th century BC, when the Sea Peoples, a group of ocean raiders, attacked the ships of the Aegean and Mediterranean civilizations. Narrow channels which funnel shipping into predictable routes have long created opportunities for piracy, as well as for privateering and commerce raiding. Historic examples include the waters of Gibraltar, the Strait of Malacca, Madagascar, the Gulf of Aden, and the English Channel, whose geographic structures facilitated pirate attacks. A land-based parallel is the ambushing of travelers by bandits and brigands in highways and mountain passes. Privateering uses similar methods to piracy, but the captain acts under orders of the state authorizing the capture of merchant ships belonging to an enemy nation, making it a legitimate form of war-like activity by non-state actors.

Indian Ocean Commission

The Indian Ocean Commission is an intergovernmental organization that links African Indian Ocean nations: Comoros, Madagascar, Mauritius, Réunion, and Seychelles. There are also seven observers: China, the European Union, the Organisation internationale de la Francophonie, the Sovereign Order of Malta, India, Japan and the United Nations.

Indian Ocean Rim Association

The Indian Ocean Rim Association (IORA), formerly known as the Indian Ocean Rim Initiative and the Indian Ocean Rim Association for Regional Cooperation (IOR-ARC), is an international organisation consisting of 23 states bordering the Indian Ocean. The IORA is a regional forum, tripartite in nature, bringing together representatives of Government, Business and Academia, for promoting co-operation and closer interaction among them. It is based on the principles of Open Regionalism for strengthening Economic Cooperation particularly on Trade Facilitation and Investment, Promotion as well as Social Development of the region. The Coordinating Secretariat of IORA is located at Ebene, Mauritius.

Maritime security is an umbrella term informed to classify issues in the maritime domain that are often related to national security, marine environment, economic development, and human security. This includes the worlds oceans but also regional seas, territorial waters, rivers and ports. The theoretical concept of maritime security has evolved from a narrow perspective of national naval power projection towards a buzzword that incorporates many interconnected sub-fields. The definition of the term maritime security varies and while no internationally agreed definition exists, the term has often been used to describe both existing, and new regional and international challenges to the maritime domain. The buzzword character enables international actors to discuss these new challenges without the need to define every potentially contested aspect of it.

Combined Task Force 150

Combined Task Force 150 (CTF-150) is a multinational coalition naval task force working under the 33-nation coalition of Combined Maritime Forces and is based in Bahrain established to monitor, board, inspect, and stop suspect shipping to pursue the "Global War on Terrorism" and in the Horn of Africa region (HOA) includes operations in the North Arabia Sea to support operations in the Indian Ocean. These activities are referred to as Maritime Security Operations (MSO).

Piracy in the Gulf of Guinea

Piracy in the Gulf of Guinea affects a number of countries in West Africa as well as the wider international community. By 2011, it had become an issue of global concern. Pirates in the Gulf of Guinea are often part of heavily armed criminal enterprises, who employ violent methods to steal oil cargo. In 2012, the International Maritime Bureau, Oceans Beyond Piracy and the Maritime Piracy Humanitarian Response Program reported that the number of vessels attacks by West African pirates had reached a world high, with 966 seafarers attacked during the year. According to the Control Risks Group, pirate attacks in the Gulf of Guinea had by mid-November 2013 maintained a steady level of around 100 attempted hijackings in the year, a close second behind Southeast Asia. Piracy in the Gulf of Guinea continues to be a concern to the shipping industry, which is affected significantly. At the same time, governments in the region generally highlight that the fight against piracy requires a broad understanding of maritime security throughout the Gulf of Guinea.

Piracy off the coast of Somalia occurs in the Gulf of Aden, Guardafui Channel and Somali Sea, in Somali territorial waters and other surrounding areas. It was initially a threat to international fishing vessels, expanding to international shipping since the second phase of the Somali Civil War, around 2000.

Operation Atalanta European anti-pirate military operation

Operation Atalanta, formally European Union Naval ForceSomalia, is a current counter-piracy military operation at sea off the Horn of Africa and in the Western Indian Ocean, that is the first naval operation conducted by the European Union (EU). The operational headquarters is currently located at the Spanish Operation Headquarters (ESOHQ) at Naval Station Rota in Spain, having moved from London as a result of the British withdrawal from the EU.

Combined Task Force 151 (CTF-151) is a multinational naval task force, set up in 2009 as a response to piracy attacks in the Gulf of Aden and off the eastern coast of Somalia. Its mission is to disrupt piracy and armed robbery at sea and to engage with regional and other partners to build capacity and improve relevant capabilities in order to protect global maritime commerce and secure freedom of navigation. It operates in conjunction with the EU's Operation Atalanta and NATO's Operation Ocean Shield.

Piracy in the 21st century

Piracy in the 21st century has taken place in a number of waters around the world, including the Gulf of Guinea, Strait of Malacca, Indian Ocean, and Falcon Lake.

Operation Ocean Shield NATO operation in the Horn of Africa

Operation Ocean Shield was NATO's contribution to Operation Enduring Freedom – Horn of Africa (OEF-HOA), an anti-piracy initiative in the Indian Ocean, Guardafui Channel, Gulf of Aden and Arabian Sea. It follows the earlier Operation Allied Protector. Naval operations began on 17 August 2009 after being approved by the North Atlantic Council, the program was terminated on 15 December 2016 by NATO. Operation Ocean Shield focused on protecting the ships of Operation Allied Provider, which transported relief supplies as part of the World Food Programme's mission in the region. The initiative also helped strengthen the navies and coast guards of regional states to assist in countering pirate attacks. Additionally, China and South Korea sent warships to participate in these activities.

The Contact Group on Piracy off the Coast of Somalia, commonly abbreviated as CGPCS, is an international governance mechanism established in New York on January 14, 2009 to facilitate the discussion and coordination of actions among states and organizations to suppress Somali piracy.

Anti-piracy measures in Somalia Anti-piracy in international waters

Piracy in Somalia has been a threat to international shipping since the beginning of the country's civil war in the early 1990s. Since 2005, many international organizations have expressed concern over the rise in acts of piracy. Piracy impeded the delivery of shipments and increased shipping expenses, costing an estimated $6.6 to $6.9 billion a year in global trade in 2011 according to Oceans Beyond Piracy (OBP). According to the German Institute for Economic Research (DIW), a veritable industry of profiteers also arose around the piracy. Insurance companies significantly increased their profits from the pirate attacks, as the firms hiked rate premiums in response. Since 2013, piracy attacks have reduced in the region due mostly to patrolling by the navies of countries across the world, especially India, China and EU Navfor Operation Atalanta.

Shared Awareness and De-confliction (SHADE) is an international operational counter piracy platform, convened in Bahrain aimed to encourage partners for sharing information, assessing the evolution of trends, best practices and to de-conflict operations amongst counter-piracy actors in the Gulf of Aden, the Gulf of Oman and the Western Indian Ocean.

Floating armouries are vessels used to store military grade weapons. Being in possession of military-grade weapons in most jurisdictions is highly controlled. In the early twenty-first century, piracy in international waters became a serious issue for shipping companies. In response, services that supply weapons on the high seas, often referred to as floating armouries, were implemented. These armouries provide transfer services to private maritime security companies (PMSCs); the controlled weapons are available in international waters, but never enter patrolled territorial waters—they are delivered by an armoury to a client's vessel, and returned, in international waters.

MV OS 35 is a bulk carrier registered in Tuvalu, a flag of convenience. The vessel came into news when a piracy attack on her off the coast of Somalia was thwarted jointly by ships of China’s People’s Liberation Army Navy and of the Indian Navy.

International piracy law is international law that is meant to protect against piracy. It was enacted primarily by the United Nations and UNCLOS, and defines different types of piracy and ways to combat it.

References

  1. ↑ Wiese Bockmann, Michelle (27 February 2012). "Pirates Threaten Ship in Closest Ever Incident to Hormuz". Bloomberg News. Retrieved 27 May 2015.
  2. ↑ "ITF war like and high risk areas". Itfseafarers.org. ITF seafarers. Retrieved 5 March 2018.
  3. ↑ "Somali Pirate Activity The High Risk Area" (PDF). Ics-shipping.org. Retrieved 17 January 2016.
  4. ↑ "Bulletins/Circulars". Lloyd's Market Association. Retrieved 28 March 2015.
  5. ↑ "About the IBF". www.imec.org.uk. IMEC. Retrieved 12 April 2019.
  6. ↑ "Maritime piracy and security - list of articles". www.ukpandi.com. UK P&I. Retrieved 12 April 2019.
  7. ↑ "IBF war like operations". Imec.org.uk. IMEC. Retrieved 5 March 2018.
  8. ↑ Cook, Peter. "Comprehensive report - survey of floating armouries" (PDF). www.piracylegalforum.org/. PLF. Retrieved 12 April 2019.
  9. ↑ "Chapter 8 - Stockpiles at sea. Floating armouries in Indian Ocean" (PDF). Small Arms Survey Yearbook. 2015. Retrieved 12 April 2019.
  10. ↑ "Floating armouries in Indian ocean" (PDF). PSM University. Retrieved 12 April 2019.
  11. ↑ Floating armouries - implications and risks (PDF). Omega Foundation. Retrieved 12 April 2019.
  12. ↑ "Submission to the IMO from India - 19 August 2014 - Risks due to floating armouries in the Indian ocean" (PDF). IMO official website. IMO and the Government of India. Retrieved 12 April 2019.
  13. ↑ "Proceedings of MEPC committee - Response from Egypt to INF circular on floating armouries". IMO official website. International Maritime Organisation. Retrieved 12 April 2019.
  14. ↑ "Floating armouries can lead to 26/11-type attack: Navy chief". www.defence.pk. Pakistan Defence. Retrieved 12 April 2019.
  15. ↑ Shah, Riddhi. "Piracy and Floating Armouries in the Indian" (PDF). IPCS National maritime foundation. Retrieved 12 April 2019.
  16. ↑ "IBF LIST of designated risk areas, with applicable benefits (as of 1 March 2018)" (PDF). Itfseafarers.org. ITF. Retrieved 5 March 2018.
  17. ↑ "IBF High Risk and Extended Risk Areas in the Gulf of Aden and Indian Ocean". Londonpandi.com. London P&I Club. Retrieved 5 March 2018.
  18. ↑ "Annex 1 to ITF Circular No 068/S.17/D.20/SS.7/2012" (PDF). Ltfja.lv. ITF. Retrieved 5 March 2018.
  19. 1 2 "Revision of Piracy High Risk Area (HRA)". Ministry of Defence. Press Information Bureau Government of India. 9 October 2015. Retrieved 17 January 2016.
  20. ↑ Joint War Committee, Lloyd's Market Association - as of 2 April 2015. Current.
  21. 1 2 "IBF LIST : of designated risk areas, with applicable benefits (as of 1 March 2018)" (PDF). Itfseafarers.org. Retrieved 4 October 2018.
  22. 1 2 3 4 "Progress in HRA controversy: CGPCS participants agree on process". Lessons from Piracy. Retrieved 15 March 2015.
  23. ↑ "Twelfth Plenary Session of the Contact Group on Piracy off the Coast of Somalia". US Department of State. Retrieved 29 March 2015.
  24. ↑ "Thirteenth Plenary Session of the Contact Group on Piracy off the Coast of Somalia". US Department of State. Retrieved 29 March 2015.
  25. 1 2 "14th CGPCS Plenary Communique" (PDF). Contact Group on Piracy off the Coast of Somalia (CGPCS). UNITED NATIONS HEADQUARTERS. 1 May 2013.
  26. 1 2 "CGPCS Communiques [public]". Lessons from Piracy. Retrieved 28 March 2015.
  27. ↑ "Communique of the 17th plenary session of the Contact Group on Piracy off the Coast of Somalia". Lessons from Piracy. Retrieved 15 March 2015.
  28. ↑ "Summary of Meeting". Lessons from Piracy. Retrieved 28 March 2015.
  29. ↑ "CGPCS discussed in the European Parliament". Lessons from Piracy. Retrieved 28 March 2015.
  30. ↑ "Chair Publishes Summary of HRA Meeting". Lessons from Piracy. Retrieved 28 March 2015.
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