Pirates and Private Maritime Security Companies (PMSC)

Question 1

What were the 3 principles of medieval international law?

Answer 1

1. in absence of agreed state of peace: war = basic state of international law
2. rulers (sovereign) are entitled to treat foreigners however they wish
3. high seas = no man’s land

Question 2

What was piracy vs. privateering?

Answer 2

piracy: in times of peace
privateering: in times of war

Question 3

What was the history of piracy that lead to state formation and the monopolization of violence?

Answer 3

-early 17th century: European alliance against Tukirsh corsairs (Ottoman empire)
-17th century: pirates as “hostis humani generis” (piracy was less legitimate according to new law)
until mid 19th century: long end to privateering (especially US)

Question 4

What is the definition of piracy?

Answer 4

illegal acts of violence
committed for private ends
by crew or passengers of a private ship/aircraft
on high seas outside state jurisdiction
against another ship/aircraft

Question 5

What are the hotspots of piracy where piracy resurged?

Answer 5

• East Africa (Somalia)
• Singapore, Indonesia (South East Asia)
• West africa (Gulf of Guinea)

Question 6

What factors have led to the resurgence of piracy?

Answer 6

1. globalization: international exchange (trade), marginalization of periphery
2. change in maritime business (automated boats = less crew)
3. diffusion of small arms (cheaper)
4. failed state sovereignty

Question 7

What are some challenges to fighting piracy?

Answer 7

1. economic costs (e.g. armed guards)
2. endangering trade relations
3. geopolitical and diplomatic challenges

Question 8

What has been the international response to piracy?

Answer 8

Reinforcing sovereignty or enforcing neoimperialism?

• sovereignty: capacity building (Somalia and Kenya)
• neoimperialism: SHADE operation, Combined Maritime Forces (CMF), EU NAVFOR

Question 9

What are the questions arised with the emergence of private maritime security companies (PMSC)?

Answer 9

• modern privateers? (the right to kill)
• sovereignty and privatisation of security
• ambiguous laws (on territory: clearly not allowed; on high seas: vague laws)
• political, moral, ethical questions