“Nam pirata non est ex perduellium numero definitus, sed hostis omnium; hoc nec fides debet ius iurandum esse commune”

“For a pirate is not included in the list of lawful enemies, but is the common enemy of all; among pirates and other men there ought to be neither mutual faith nor binding oath”

Marcus Tullius Cicero, De Officiis, Book II, Ch. XXIX

In October 2009 Paul and Rachel Chandler from Tunbridge Wells, Kent, married for 25 years, were sailing their yacht out of the Seychelles on the way to Tanzania when they were captured by Somali pirates.

Subsequently, under the watchful but impotent gaze of the Royal Navy they were transferred from the pirates’ small skiff to pirate mother ship, The Kota Wajar, a Singaporean cargo ship which had itself been captured earlier in the month. The Chandlers were then taken back to the Somali mainland, whence they have remained as prisoners ever since, for almost all of that time kept apart. They have made video appeals for help from David Cameron and the new government.

Doubtless their captors would be happy with the publicity back in the UK, but equally there is no reason not to believe that the couple are physically frail, deeply distressed, and enduring great physical and mental hardship. The pirates continue to demand a ransom of more than one million pounds.

I hope readers will join me in sending them your prayers, wishes, vibes, hopes or thoughts – whatever you consider appropriate.

Meanwhile, the Foreign Office (the Ministry charged with promoting the interests of foreign nationals) continues to maintain its usual stance of “no comment” and that Her Majesty’s Government does not pay ransoms. Which is not very helpful to the Chandlers.

I have heard it said that the Chandlers brought their predicament on themselves by sailing in dangerous waters. That may be so, although they were far from the Somali Coast (1,000 miles) when the Lynn Rival was boarded. In fact, I have the unnerving suspicion that there is a bit of No. 10 spin going on here. But anyway, they were free, or should be, free to sail the High Seas as they thought fit. A quaint, old fashioned British view, I know.

Broadly, your humble author is strongly opposed to the death penalty; a debate for another time, perhaps. But I have one or two blind spots. Specifically, I have a problem with piracy.

Because piracy strikes at the heart of civilization. Trade and the free passage of goods and persons between nations is a foundation of civilization, and notwithstanding air travel, free passage of the sea is still critical to that. Consider, for example, the bulk transport of oil, upon which the daily functioning of society depends.

Because from time almost immemorial it is intrinsically linked with the most horrible of human activities, the slave trade (slaving was endemic back in my day. The Saxons were bad enough, but the Irish were at it too – St Patrick spent six years as a slave. And later the Vikings, those pirates par excellence, made it a national industry).

Still further, because the sea is perilous enough, without the added danger of having your throat cut and being fed to the sharks. And because piracy is usually a brutal crime. If you were rich or valuable, you might get away with being ransomed. Indeed, Julius Caesar was captured and ransomed by Cilician pirates in 75 BC, as to which more below. But if you have no value, then it’s the long swim home. One only has read the accounts of survivors of sinkings in the Second World War to understand the full horror.

It is for these reason that pirates are rightly given a unique term in international maritime law: hostis humani generic: enemies of the whole human race. Indeed, even under British law, “piracy with violence on the high seas” remained a capital offence until 1998, until curtailed by UK adherence to the European Convention on Human Rights, and by the Human Rights Act. Sadly.   

Meanwhile, the Chandlers are left in limbo because the Government (at least the last one, but probably this new one too) takes a hard line and “principled” line on the issue of ransoms. I would have more sympathy with this view if Her Majesty’s Government had done all it could to rescue the Chandler’s in the first place.

After the Chandlers had been captured, in true New Labour style the Ministry of Defence issued a communiqué which gave the impression that their yacht had been found by the supply ship RNA Wave Knight, but was empty. When it came out that the Wave Knight has actually been on the scene when the Chandlers were transferred from their yacht onto the Kaja Wajar, another seemingly reasonable explanation for non interference came forth. Sailors were not equipped to deal with a hostage rescue situation.

However, not only did the Wave Knight track the Kaja Wajar (they were alongside for a time), it had sufficiently weaponry to make it reasonably clear that its presence was not welcome in the form of 30 and 50 mm cannons. Not enough to sink it, but enough to cause serious consternation. They were not used.

Moreover, the Wave Knight was home to a party of Royal Marines Commandos (plus helicopter), suited and booted and spoiling for a fight. And, as Marks and Spencer might put it, these were not your ordinary Royal Marines Commandos. They were from Royal Marines Fleet Protection Force. Without going into details, the storming of oil rigs, ships, general maritime installations (and pubs) is one of their primary tasks. They were geared up and ready to go and do what has actually been one of the Royal Marines’ principal jobs since they were formed more than 300 years ago; boarding and capturing ships and savagely disposing of anyone who gets in their way.  Sources allege they were given the code to go (“Quickdraw“) and then told to stop. And then go. And then stop…

And so the Royal Navy looked on as the Chandlers were carried away into “Somali” waters and the pirates’ home base of Haradheere.

The prevarication has been laid at the door of the then Secretary of State for Defence, “Bungling Bob” Ainsworth. However, whether “Bungling Bob” would ever have had the bottle to make a call either way in a hostage rescue situation on his own seems questionable at best, and the dithering on/off suggests the psychology of a former resident of 10 Downing Street.

The task of rescuing the Chandlers now seems impossible, and no proposals seem to be put forward which could satisfy their kidnappers. The precedents are not good – witness the sad deaths of the four bodyguards of Peter Moore, captured in Iraq in May 2007.

It seems that the Royal Navy’s approach to dealing with pirates is somewhat less robust than in olden times, when pirates could reasonably expect summary justice and to “dance the hempen jig” (I’m sure you get the picture – a specially short rope was used, to make sure that the “dancer” did not break his neck and end the fun too quickly). Apparently, not only are our jolly tars concerned not to interfere with the pirates’ human rights by shooting them, but off the record Whitehall sources admit that they are concerned that pirates should not be arrested by Royal Navy ships in case they cause embarrassment by claiming asylum.

To be fair to our lads, it seems that the problem is endemic. According to US figures, between August 2008 and December 2009 706 pirates were “encountered” by ships from the anti piracy coalition, which has resulted in 43 convictions (largely in Kenya, which is getting thoroughly fed up with being used as a convenient jail).

Meanwhile the Russians, perhaps frustrated by this general pussy footing around, have developed a rather more…pragmatic approach.  In May of this year Somali pirates hijacked the tanker “Moscow University” carrying 80,000 tonnes of crude oil, worth $50 million. Although Libyan registered, the name gives away the Russian connection. Understandably, cousin Ivan was less than pleased by this water born japery, and Russian navy commandos were despatched from the warship Marshal Shaposhnikov. They duly stormed the ship, killing one pirate and capturing 10 others in the process. Press reports then indicated that the remaining pirates would be taken to Moscow for trial.

However, there does seem to have been something of a breakdown in communications at this point, because as Reuters reports, the remaining pirates were then helpfully sent on their way from the Marshal Shaposhnikov.

In a very small boat. Without either their weapons, or navigation equipment, or much else. Three hundred miles from land.

The pirates have not been heard of since, and are presumed dead. Indeed, there are rumours that the pirates had very limited prospects of survival from the start, having been riddled with bullets before they began their journey home.

The Somali “government” has protested (although one wonders what sort of government it is, and what it has been doing about the problem in the first place). The Russians are not particularly bothered.

I do not mean to suggest that our forces should be given free reign to deploy such outrageous tactics (well….), but a more robust line amongst the international community would surely be more welcome.

And finally, as to the issue of paying ransoms, I have great reservations about the wisdom or humanity of the UK government’s stance. All governments do deals when they find it convenient to do so in the national interests (a big “shout out,” as young people say, to Abdel al-Magrahi, BP and the Scottish Executive!)

As those who have read my occasional musings will know, I tend to find parallels between the world of long ago and these troubled times. Indeed, if pushed I would have to say that there would be many a leader of bygone age who could teach Our Lord and Masters a thing or two. One such being the great Julius Caesar, who although not without fault, understood politics, publicity, power, corruption, money, bribery and lust; all themes familiar to our Lords and Masters. And personal courage and leadership in war; themes which are not. Were I tasked with dealing with pirates and their ransom demands, to whom would I turn for practical advice given the choice: Shami Chakrabarti, “Bungling Bob” and Cleggeron? Or Caesar?

As I mentioned above, Caesar was himself no stranger to pirates, having been captured by the Cilicians, who at the time were the most feared and ruthless pirates in the world. His policy is instructive, particularly when it comes to both ransoms, and to a pro-active, human rights based response to piracy on the high seas. Are you listening Shami? (I assume not).

Upon learning that he was to be ransomed for a mere twenty talents, Caesar immediately protested that this was an insult. He insisted that he was worth at least fifty talents. Having thus raised the price for his release, almost all of his captured followers were sent forth to raise the necessary funds. Whilst they did so, Caesar generally besported himself with the pirates, joining in their games and carousing. He entertained them with poems and songs, and if they failed to praise him for his efforts he would denounce them as illiterate savages and threaten to have them all hanged. This much amused the pirates, who assumed he was both playful and a tad simple. They all got on very well. The ransom duly arrived, and Caesar was released.

Upon his release, he assembled a fleet and sailed back for a reunion with his new pals.

He had them all crucified.

Here endeth the lesson.

Gildas the Monk

Peter August 2,
2010 at 15:28

For an indepth look at the Somali pirates, see the forthcoming book, Pirate
State: Inside Somalia’s Terrorism at Sea, available for preorder @
Amazon.com.

Gildas August 2, 2010 at 15:50

Thanks for the “heads up” Peter!
G the M

Chalcedon July 27, 2010 at 12:51

The captain should have taken action, then contacted the media, then
contacted the MoD. At least that way, when he got the sack for acting like a
Royal Navy Captain, public anger would have had him reinstated. Politicians
should not be phoned up for a yes or no under such life or death
circumstances. It is up to the captain or it damn well should be.

passat21 July 26, 2010 at 07:53

I hold no brief for piracy whatsoever, but does anyone know why the
Chandlers were sailing in waters that are clearly known to be populated with
pirates, Caveat emptor anyone?

Tom July 26, 2010 at 21:06

Caveat emptor indeed – I would hope they did a real risk assessment…

The real problem is lack of decisive action – prophylaxis (convoys) and
intervention (the French/Russian model) must be ramped up.

Simply put it’s too easy. Take their toys away. These boys use technology
– mobile phones, sat phones, SSB radio, VHF radio, the Internet – that’s
supposed to be our game and we should be able to comprehensively stitch them
up. They don’t stooge around randomly. Entrapment is a valid tool – go
fishing, bait the hooks……

Tom July 26, 2010 at 01:46

As somebody floating around with an escort vessel in a dodgy part of the
world, doing my job I have some experience and , well, a vested interest in
this issue so to speak…

Economic issues like the unprincipled and destructive fish mining alluded
to in the comments and moribund agriculture are obvious contributory factors.
Somalia is a hellhole with nutters running large parts of the asylum.

However, why do people do bad deeds? The rewards and the unlikelihood of
being caught must be fairly high on the list of priorities?

Most of the “liberal” western gubmints have no stomach for confrontation-
these sleazeballs know that – they are not total fools.

I agree with the commenter who said “flatten the villas” – I’d add destroy
all their boats not fitted with tracker … every last one of them. Replace the
boats with items with built in tracker devices (you’ll have to take my word
that a very reliable tracker with a 5 year life is now cheap as chips ~$150)

Anybody found within 1000km (or over boundary medians) without a valid
tracker can have their vessel seized and get themselves dumped unceremoniously
on the nearest part of the Somali coast as a sop to humanitarian concerns…

The situation :
http://en.wikipedia.org/wiki/List_of_ships_attacked_by_Somali_pirates_in_2010
cannot
continue.

No way

Ancient and Tattered
Airman July 25, 2010 at 19:39

Why are we pussy-footing around? Exterminate the vermin whenever seen by
whichever Navy finds them.

Hysteria July 26, 2010 at 00:18

yip……would only have to happen once or twice and the bad guys would get
the message

Fascist Hippy
July 25, 2010 at 18:14

Take my hat off to the Russians on this one, all nations should do the
same.

Hysteria July 25, 2010 at 17:29

how does it go? “for evil to triumph , it is only necessary for good people
to do nothing”

Does anyone seriously doubt that a guaranteed “robust” response from our
armed forces would influence the pirates, not necessarily in a way that would
make them more bold?

Subrosa July 25,
2010 at 17:10

I’m not going to comment about the Navy because I have little or no
understanding about their stance on this matter, but perhaps one of my readers
will have time to explain. The rules will have been inflicted by the
Righteous. These people who have no concept of liberty and freedom. Sadly,
where the Chandlers are concerned, matters have been stalemate for some time
now and I don’t see the coalition lifting a finger.

Spartan July 25, 2010 at 16:20

“However, not only did the Wave Knight track the Kaja Wajar (they were
alongside for a time), it had sufficiently weaponry to make it reasonably
clear that its presence was not welcome in the form of 30 and 50 mm cannons.
Not enough to sink it, but enough to cause serious consternation.”

Slight under-statement there
Here’s the Wave Knight herself … 30mm Cannon being fired.

http://www.youtube.com/watch?v=uEClpu2tzgY

Brian July 25, 2010 at 19:35

And how would the kidnappees be protected from the volley of
armour-piercing or high explosive 30 mm rounds?
I’m in favour of paying
the ransom to secure the Chandlers’ release and then decommissioning the
breathing ability of the Somali pirates’ Mr Bigs. Then I would sink the
foreign factory fishing ships that hoovered up all the fish off the Somali
coast and made the long-established but niche business of piracy the only
viable, albeit highly risky, career choice for many former Somali fishermen.
A similar thing happened off West Africa (mainly Spanish boats) causing
Africans to attempt to enter Europe for work.

WitteringsfromWitney July
25, 2010 at 15:02

Never mind the pros and cons against a helicopter attack, etc etc – may I
suggest a far simpler solution?

Blow the Somali ships out of the bloody water!

Joe Public July 25, 2010 at 14:49

Storming a pirate ship from a helicopter is fraught with danger.

Look at the bloody-nose some Israelis received when boarding the Gaza-aid
ships ‘protected’ by demonstrators armed with nothing more vicious than table
legs & bottles.

Defenders armed with firearms would inflict far-greater damage.

Ed P July 25, 2010 at 14:39

The Somalian coast is now littered with expensive villas, bought with the
ransom monies. They are inhabited solely by the pirates – ordinary (poor)
Somalis are not nearby & hostages are kept inland.
The Royal Navy
probably need some gunnery practise, so I suggest a few dozen 4″ shells after
the next act of piracy should do the trick.

Brian July 25, 2010 at 19:12

Or not, as our ships have 4.5″ guns.

PT July 25, 2010 at 14:31

Sarbanes Oxley, I agree with you. What is the Royal Navy for? If it’s not
allowed to protect lawful users of the sea against violent and armed
criminals, and can’t or won’t protect even its own personnel, then the cuts in
expenditure on the armed forces should fall there. It’s shameful that we have
to rely on the Russians as an example of how armed forces should be used.

Brian July 25, 2010 at 14:09

All the best British pirates were employed as privateers by the Crown in
times of war. Same job, except it was no longer a crime for the duration.

Sarbanes Oxley
July 25, 2010 at 13:52

Which all begs the question why do we bother to have a blue sea fleet at
all if it is not prepared to deal with enemies of British trade and British
National.

We may as well just have an ‘Irish Navy’ protecting the Straits of
Dover.

The general pussy footing was up for the world to see when the Iranians
took a boatload of our ‘sailors’

I had to deal with an incident thirty years ago when one of our Engineers
was locked up in Sanaa. The FO were distinctly uninterested, and the delivery
of used twenties in a brown paper bag eventual had the desired effect. (whoops
of course we are not allowed to do this now of course, otherwise you get
extradited to the US)

Hardly the Nelso touch these days when we have more Admirals than
ships.