Monday, January 09, 2006

Piracy at Sea—Asian Agreement

India has approved the ratification of a Regional Cooperation Agreement [hereinafter Agreement] in Asia to combat and armed robbery against ships in Asia.[1] The agreement, which has been signed by 16 nations including India, Bangladesh, China, Japan, Singapore, and Indonesia, is “the first of its kind” to combat this in Asia.[2] The pact paves the way for establishment of an information sharing center that would be located in Singapore, as well extending mutual legal assistance and extradition processes to member nations[3] Singapore, Japan, Laos, and Cambodia were the first countries to sign on to the agreement, which was spurred by Japan and concluded in Tokyo in November 2004.[4]

While much attention has been directed at the Somali coast this past for pirate activity in that region, most acts of piracy worldwide take place in the Oceana region.[5]

The Agreement differentiates acts of piracy from acts of armed robbery against ships. Piracy is “any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft” which is directed “on the high seas, against another ship, or against persons or property on board such ship” or “against a ship, persons or property in a place outside the jurisdiction of any State.”[6] By contrast, armed robbery is defined as “any illegal act of violence or detention, or any act of depredation, committed for private ends and directed against a ship, or against persons or property on board such ship,” when that act is committed within a contracting party’s jurisdiction.[7] Incitement and facilitation are both acts which are a part of both definitions, as is voluntary participation in the operation of a ship or a private aircraft with knowledge that that craft is either a pirate ship or a ship used for armed robbery.[8]

The agreement does not apply to warships, nor to “other government ships operated for non-commercial purposes,”[9] nor does it entitle a contracting party to exercise jurisdiction in the territory of another contracting party.[10] It also places obligations on the contracting parties to prevent and suppress piracy; to arrest pirates;[11] to seize the crafts and property used for committing piracy, as well as the ships taken by pirates; and to rescue the victims of pirates.[12]

The Agreement, as noted, contains a number of cooperative components. The first is , which is a blanket statement that the contracting parties will, subject to their national laws and regulations, “endeavor to extradite” pirates who are present in their territories.[13] Second, the parties will “endeavor to render mutual legal assistance in criminal matters,” which includes the submission of evidence related to piracy.[14] Third, the parties have agreed to enhance their capacity to prevent and suppress piracy through technical assistance such as education and training programs.[15] Fourth, the parties may, for time to time, engage in joint exercises or other forms of cooperation.[16] And finally, each party will “encourage ships, ship owners, or ship operators,” to take protective measures against piracy.[17]


[1] , Asia Pulse (via Yahoo!), Jan. 9, 2006.
[2] Id.
[3] Id.
[4] Ministry of Foreign Affairs—Singapore, , Apr. 28, 2005.
[5] See, e.g., International Chamber of Commerce [hereinafter ICC], , ICC Commercial Crime Services [hereinafter ICC CCS], last visited Jan. 09, 2005; ICC, , ICC CCS, Dec. 27, 2005- Jan. 2, 2006 (three incidents occurred during this period: two off Indonesia, and one off India).
[6] , Apr. 28, 2005, art. I, para.1(a), 44 I.L.M. 829. (PDF)
[7] Id. art. 1, para. 2(a).
[8] Id. art. 1.
[9] Id. art. 2, para. 3.
[10] Id. art. 2, para. 5.
[11] For simplicity, we will refer to piracy and armed robbery against ships as “piracy” and we will refer to pirates and persons committing armed robbery against ships as “pirates.”
[12] Agreement, supra note 6, art. 3, para. 1.
[13] Id. art. 12.
[14] Id. art. 13.
[15] Id. art. 14.
[16] Id. art. 15.
[17] Id. art. 16.

posted by McNabb Associates, P.C. @ 9:24 AM