On Somalia, lots of news these days and a lot of vexing issues to grapple over. As with any complex international issue, comprehensive easy solutions are not manifest. While military force and naval patrols may physically interdict the pirates, what then? Somalia appears to have no functioning government or judicial system that can prosecute the offenders. Under international law (both customary and treaty), piracy is a universal crime and any nation can prosecute the offenders. But, the naval powers of the world, especially the United States, are understandably reluctant to exercise criminal jurisdiction over these Somali bandits (read: we don't want them in our federal courts). As the U.S. Coast Guard Commandant's blog post notes, what is the endgame? I will post separately about the legal authorities for such action.
Plainly, we are reaching a tipping point. The major shipping companies are pushing for a blockade of Somalia, here. The U.S. government likely will not stand for attacks on U.S. flagged ships, like this one. Will the world tolerate the collateral consequences of a shooting war against the pirates (like here)?
The U.N. just passed a resolution which looks to be a call to arms:
Calls upon
States and regional organizations that have the capacity to do so, to take part actively in the fight against piracy and armed robbery at sea off the coast of Somalia, in particular, consistent with this resolution and relevant international law, by deploying naval vessels and military aircraft, and through seizure and disposition of boats, vessels, arms and other related equipment used in the commission of piracy and armed robbery off the coast of Somalia, or for which there is reasonable ground for suspecting such use
Decides
that for a period of 12 months from the date of this resolution States and regional organizations cooperating with the TFG in the fight against piracy and armed robbery at sea off the coast of Somalia, for which advance notification has been provided by the TFG to the Secretary-General, may:
(a) Enter into the territorial waters of Somalia for the purpose of repressing acts of piracy and armed robbery at sea, in a manner consistent with such action permitted on the high seas with respect to piracy under relevant international law; and
(b) Use, within the territorial waters of Somalia, in a manner consistent withsuch action permitted on the high seas with respect to piracy under relevant international law, all necessary means to repress acts of piracy and armed robbery at sea;
More to follow. Stay tuned.