Piracy may prompt unilateralism<\/p>\n
B.A. Hamzah, New Straits Times, Kuala Lumpur<\/p>\n
Contrary to reports by the Piracy Centre in Kuala Lumpur,
\nthere is no piracy -- only sea robberies in the Straits of
\nMalacca.<\/p>\n
The Piracy Centre of the London-based International Chamber of
\nCommerce has been churning out reports of sea robberies in the
\nStraits of Malacca and classifying them as piracy. The
\nclassification is contrary to international law.<\/p>\n
The Piracy Centre labels an incident against a ship or crew
\nwithin national waters, during anchor or in port, as piracy.<\/p>\n
International law defines piracy as any illegal act of
\nviolence or detention, or any act of depredation committed for
\nprivate ends by the crew or passengers of a private ship or
\naircraft and directed on the high seas against a ship, aircraft,
\npersons or property in a place outside the jurisdiction of any
\nstate.<\/p>\n
The high seas is defined under international law as the seas
\noutside national jurisdiction, \"not included in the exclusive
\neconomic zone, in the territorial sea, or in the internal waters
\nof a state, or in the archipelagic waters of an archipelagic
\nstate\".<\/p>\n
Indonesia is an archipelagic state. The straits is also within
\nthe territorial sea of Malaysia. Under international law the
\ncrime of piracy cannot take place in waters within national
\njurisdictions. Piracy can only be committed on the high seas.<\/p>\n
Under treaty law (1982 Unclos) foreign ships have the right of
\ntransit passage in straits used for international navigation. But
\nthe jurisdiction to enforce law in these straits remains at all
\ntimes with coastal states -- like Indonesia and Malaysia.<\/p>\n
But for the legal results that follow, for many, it may mean
\nnothing whether the incident is labeled sea robbery or piracy.<\/p>\n
Treating sea robbery as piracy has far-reaching implications
\nfor coastal states. It raises the issue of exclusive jurisdiction
\n-- the competence to enforce national laws.<\/p>\n
It also raises unnecessary alarms about navigational safety
\nand belittles the enforcement capabilities of and efforts by,
\nMalaysia and Indonesia, for example, to police the straits.<\/p>\n
Some maritime powers have been searching for a pretext to
\nexercise jurisdiction in strategic waterways like the Straits of
\nMalacca. Piracy will give them a perfect excuse to intervene.<\/p>\n
Talk of maritime terrorism including pirates using ships as
\nfloating bombs is scary in the face of sketchy evidence. A recent
\ncomment in Foreign Affairs (March\/April 2005) finds \"the so-
\ncalled al-Qaeda merchant fleet has been a staple of threat
\nscenarios for even longer than the terrorist-pirate link. But it
\nhas little foundation in reality and has never been blamed by
\nauthorities for ships stolen on high seas\".<\/p>\n
The issues in the Straits of Malacca are no longer related to
\ninternational law but increasingly to geopolitics. It is about
\nmaritime powers imposing their will on coastal states and their
\nexcuse to enforce jurisdiction in national waters.<\/p>\n
Under international law, piracy is a universal crime -- a
\ncrime against humanity -- whereby universal jurisdiction applies.<\/p>\n
I suspect talk of instability, terrorism and bomb-floating
\nvessels are excuses by some maritime powers and institutions to
\nclaim a stake in the governance of the strategic waterway.<\/p>\n
I also suspect that all the loose talk is intended to provide
\nlegitimate excuses for external powers to intervene with their
\nnavies to rewrite the rules of engagement in straits used for
\ninternational navigation.<\/p>\n
On the point of maritime terrorism as the current equivalent
\nof piracy, a noted authority on international law cautions that
\n\"Terrorism cannot by traditional forms of argument be shown to be
\ncriminal whatever its quality might be in the municipal law of
\nthe state or groups of states the terrorists are trying to
\ndestabilize\".<\/p>\n
By redefining sea robbery in the Straits of Malacca as piracy,
\nany state can enforce jurisdiction in the straits, arrest and
\ncharge criminals as pirates for their courts to impose the
\npenalties.<\/p>\n
My advice to those who fear \"pirates\" in the straits is that
\nthey should bypass it; use instead alternative routes like the
\nStraits of Sunda and Lombok or, in future, the proposed pipelines
\nacross the Isthmus of Kra.<\/p>\n
Sadly, after Sept. 11, even myths and half-truths are recycled
\nto feed an angry world for strategic purposes until they become
\nself-fulfilling.<\/p>\n
It would not surprise me if a big accident were to be staged
\nin the Straits of Malacca by those with sinister designs to
\nprovide evidence, to legitimize fears for their impending threat
\nscenarios.<\/p>\n
Indonesia and Malaysia must resist efforts by outsiders to
\ndestabilize the strategic waterway. They should not give credence
\nto any self-prophecy with built-in ulterior motives.<\/p>",
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