1.1 Setting the Scene for the Emergence of PMSCs
The Strait of Malacca, the Gulf of Aden, and the Gulf of Guinea are strategic
waterways that experience high volumes of vessel transits
10 as well as attacks.
While patterns and modes of attack vary from one waterway to another, the busy
nature of the waterways creates a vulnerability that maritime criminals exploit.
11
Attacks around the Strait of Malacca waters present a variety of patterns including hit
and run robberies, phantom ship piracy, and instances of kidnapping of crews for
ransom.
12 Conversely, attacks in the Gulf of Aden are attributed to pirates from
Somalia who hijack vessels and crew for ransom.
13 Maritime criminals in the Gulf of
Guinea engage in petro piracy, i.e., the theft of refined oil cargo, although in recent
years, the pattern of kidnapping for ransom has gained prominence.
14 Even more
worrying, studies reveal that attacks within the Gulf of Guinea are mostly violent,
occurring mainly within the territorial seas and exclusive economic zones of the
littoral states.
15 Despite the distinction made between these three maritime domains,
it is important to highlight that the socio-economic situations of coastal settlements
around these strategic waterways are similar. There is weak governmental oversight
in addressing criminal activities in these coastal areas. Also, both the coasts of
Somalia and Nigeria, states that suffer most from maritime crimes in the Gulfs of
Aden and Guinea respectively, have long coastlines that suffer from inadequate
naval presence.
16
In contrast with Somalia, the littoral states of the Strait of Malacca and the Gulf of
Guinea have comparatively stable governments. Hence these states have been able
to, with varying degrees of success, suppress violence in these waters by engaging
state law enforcement agencies.
17 A traditional state response was impossible with
respect to piracy off the coast of Somalia. Through Security Council resolution 1816,
the UN Security Council sanctioned a global effort in combating piracy off Somali
coast by all means necessary, including the conduct of counter operations within the
territorial sea of Somalia.
18 Even when active law enforcement and policing operations resulted in some successes in combatting the threat of piracy, the unresolved
maritime.com/news/asia/exclusive-malacca-straits-vlcc-traffic-doubles-in-a-decade-as-shippingtraffic-hits-all-time-high-in-2017.html. Accessed 20 December 2018. On the importance of the
waterways, see generally Liss (2012), p. 53; Liss (2013), p. 194.
11 Liss (2013), p. 195; Liwång (2017), p. 398.
12 Liss (2012), pp. 52–53; Liss (2013), p. 195.
13 Liwång (2017), p. 386.
14 Otto (2015), p. 33; https://www.maritimeprofessional.com/news/pirate-attacks-worsen-gulfguinea-316094. Accessed 11 April 2018; Anele (2017), p. 325.
15 Otto (2015), p. 33; Hasan and Hassan (2016), p. 180.
16 Parsons (2010), p. 164.
17 Liss (2013), p. 197; Hasan and Hassan (2016), p. 200.
18 S/Res/1816 (2 June 2008); Bile (2013), p. 163; Mejia (2012), p. 34; Mejia (2013), p. 240.
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O. A. Eruaga
The Strait of Malacca, the Gulf of Aden, and the Gulf of Guinea are strategic
waterways that experience high volumes of vessel transits
10 as well as attacks.
While patterns and modes of attack vary from one waterway to another, the busy
nature of the waterways creates a vulnerability that maritime criminals exploit.
11
Attacks around the Strait of Malacca waters present a variety of patterns including hit
and run robberies, phantom ship piracy, and instances of kidnapping of crews for
ransom.
12 Conversely, attacks in the Gulf of Aden are attributed to pirates from
Somalia who hijack vessels and crew for ransom.
13 Maritime criminals in the Gulf of
Guinea engage in petro piracy, i.e., the theft of refined oil cargo, although in recent
years, the pattern of kidnapping for ransom has gained prominence.
14 Even more
worrying, studies reveal that attacks within the Gulf of Guinea are mostly violent,
occurring mainly within the territorial seas and exclusive economic zones of the
littoral states.
15 Despite the distinction made between these three maritime domains,
it is important to highlight that the socio-economic situations of coastal settlements
around these strategic waterways are similar. There is weak governmental oversight
in addressing criminal activities in these coastal areas. Also, both the coasts of
Somalia and Nigeria, states that suffer most from maritime crimes in the Gulfs of
Aden and Guinea respectively, have long coastlines that suffer from inadequate
naval presence.
16
In contrast with Somalia, the littoral states of the Strait of Malacca and the Gulf of
Guinea have comparatively stable governments. Hence these states have been able
to, with varying degrees of success, suppress violence in these waters by engaging
state law enforcement agencies.
17 A traditional state response was impossible with
respect to piracy off the coast of Somalia. Through Security Council resolution 1816,
the UN Security Council sanctioned a global effort in combating piracy off Somali
coast by all means necessary, including the conduct of counter operations within the
territorial sea of Somalia.
18 Even when active law enforcement and policing operations resulted in some successes in combatting the threat of piracy, the unresolved
maritime.com/news/asia/exclusive-malacca-straits-vlcc-traffic-doubles-in-a-decade-as-shippingtraffic-hits-all-time-high-in-2017.html. Accessed 20 December 2018. On the importance of the
waterways, see generally Liss (2012), p. 53; Liss (2013), p. 194.
11 Liss (2013), p. 195; Liwång (2017), p. 398.
12 Liss (2012), pp. 52–53; Liss (2013), p. 195.
13 Liwång (2017), p. 386.
14 Otto (2015), p. 33; https://www.maritimeprofessional.com/news/pirate-attacks-worsen-gulfguinea-316094. Accessed 11 April 2018; Anele (2017), p. 325.
15 Otto (2015), p. 33; Hasan and Hassan (2016), p. 180.
16 Parsons (2010), p. 164.
17 Liss (2013), p. 197; Hasan and Hassan (2016), p. 200.
18 S/Res/1816 (2 June 2008); Bile (2013), p. 163; Mejia (2012), p. 34; Mejia (2013), p. 240.
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O. A. Eruaga