International Cooperation in Combating Threats to Maritime Security: Global Maritime Security and International Law

2.4 Maritime Terrorism

Before 1988, maritime terrorism was not a crime covered by international law. This was a lacuna that became painfully obvious after the Achille Lauro incident in 1985,⁴⁸ when the United States⁴⁹ called the hijacking of the cruise ship an act of piracy. This characterisation was both contested and supported by legal experts⁵⁰ and called for clarification as of to which regime applies to this kind of attack. In response to the legal confusion and at the initiative of the IM0,⁵¹ the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation⁵² was signed in Rome on the 10th of March 1988.⁵³ Article 3 of this- convention criminalises a series of acts-, which were expanded by the 2005 Protocol, and considered forms of maritime terrorism.⁵⁴

2.4.1 The SUA Convention

The initial Convention Unlawful Acts Against the Safety of Maritime Navigation (SUA Convention) provided for major flaws in a classic transnational crime punishment regime, modeled after earlier UN terrorism treaties.⁵⁵ These flaws were slow ratification and a lack of preventive measures.⁵⁶ The SUA regime improved significantly after the September 11th attacks inspired a greater level of cooperation⁵⁷ in the 2005 protocol,⁵⁸ which states a commitment to cooperate and how this is to be achieved.

The new article 8bis-,⁵⁹ of the SUA convention imposes-a general duty to cooperate to the fullest extent , preventing and suppressing transnational crime. This article also gives a duty to answer all requests from other state parties in regard to this article as expeditiously as possible. One such request would be a par ty issuing assistance, if it h as reasonable ground s to suspect an offence under the SUA Convention involves a ship flying its flag. Other par ties are then obliged to assist within their means .

The article also contains ship-boarding provisions similar to the ones found in some drug and migrant smuggling treaties.⁶⁰ More specifically, it allows a party to board and search a ship flying the flag of another party if it has reasonable grounds to suspect that the ship or a person on board is involved in an offence under the SU A Convention. Authorization by the flag state remains a requirement, but parties can notify the IMO Secretary General that if there is no response from the state regarding the request within four hours, authorization may be assumed. In the same way a party can also notify that it authorises a requesting party to question the persons on board to determine if an offence has been or is about to be committed.

Finally, the article encourages parties to harmonise standard operating procedures for joint operations and to conclude bilateral agreements to improve the effectiveness of their cooperation in regard to their obligations under article Sbis.⁶¹ The U.S.-led Proliferation Security Initiative could be seen as this kind of arrangement.⁶²

2.4.2 The Proliferation Security Initiative

The Proliferation Security Initiative is a global effort to increase international cooperation in interdicting shipments of WMD⁶³ related materials. By itself it does not create new international law, but aims to use the already present legal framework⁶⁴ as effectively as possible through joint training exercises and bilateral boarding agreements.⁶⁵ The participants to the initiative also commit to a series of interdiction principles , which include adopting streamlined procedures for rapid exchange of relevant information.⁶⁶

2.5 Piracy

'Maritime piracy consists of:

Once considered a thing of the past⁶⁸ piracy today is a rising threat affecting a number of regions and attracting growing international concern.⁶⁹ Yet, the Law of the Sea Convention of 1982 already prescribed a duty to 'cooperate to the fullest extent in the repression of piracy on the high seas'.^{70 Problems with the definition of piracy,71} and the fact that the Convention only covers piracy on the high seas,⁷² caused this provision to be ineffective despite its universal acceptance.⁷³ The 2005 SUA Protocol is faced with the opposite problem; although containing promising solutions, an insufficient number of states have ratified it^.74

However, there have been improvements to the situation; as seen in Asia where the number of serious cases of piracy dropped in 2010 due to extensive regional cooperation.⁷⁵ In the Straits of Malacca there have been joint anti-piracy drills, security pacts, coordinated air and sea patrols, a regional information network and a joint sea surveillance system.⁷⁶ Indonesia, Singapore and Malaysia have even agreed to give each other permission to pursue pirates into their respective territorial waters, an important development in an area with no other maritime zones-.⁷⁷ This cooperation culminated in the 2004 Regional Cooperation Agreement on Combating Piracy and Armed Robbery against ships in Asia, RECAAP.⁷⁸ Among other cooperative measures the agreement creates an Information Sharing Centre⁷⁹ in Singapore. This proved effective and inspired the IMO to push for more of this kind of cooperation in other troubled areas.⁸⁰

In January 2009, this effort led to the signing of a regional agreement called the Djibouti Code of Conduct.⁸¹ Signatories to the Code agree to cooperate in the investigation , arrest and prose cutio n of piracy suspects, the interdiction of suspect ships, the rescue of victim ships and proper treatment of the persons on board, the conduct of shared operations, and the sharing of information.⁸²

Complementary to the Code, there are several relevant UN Security Council Resolutions aimed at facilitating anti-piracy cooperation in the region. Specifically they call upon nations with military capacity in the area to actively fight piracy on the high seas off the coast of Somalia,⁸³ and allow these nations to operate in Somali territorial waters⁸⁴ using land-based operations.⁸⁵ In Resolution 1918, the Security Council calls upon all states to criminalise piracy, to prosecute piracy suspects apprehended off the Somali coast,⁸⁶ and to fully implement the Djibouti Code of Conduct as soon as possible.⁸⁷ Although most of the eligible states⁸⁸ have signed the Djibouti Code, it remains to be seen whether, together with the relevant UN resolutions, it will lead to cooperation effective enough to tackle the piracy problem in the Gulf of Aden.

Conclusion

There has been a development towards international cooperation in the area of transnational crimes against maritime security. Although the focus on state sovereignty has remained, it has been necessary to cooperate in the effort to combat contemporary threats. UNCLOS was created in a different time and had the aspiration to fight maritime crime, but achieved limited success. Due to an increasingly globalised world and with new technology available, organised crime today operates all over the world. The transnational character of these crimes make s it impossible for one state to fight them alone. Economic factors and each state's individual interest, of course, determine how far cooperation will extend.

Furthermore, even if sufficient legal instruments are provided through bilateral or regional agreements, not all states have the resources to act. They might not even have an interest in, for example, preventing the smuggling of migrants or drugs originating from their shores, save for political reasons. The solution seems to be for more developed countries to take more responsibility. Economic interests are deemed to come before taking responsibility for human rights which explains the more advanced cooperation when it comes to threats that have a negative impact on trade such as piracy and terrorism. Since bilateral agreements, which entail mechanisms where authorisation is deemed to be given are expressed in a number of agreements in very similar ways, it could be argued that regional customary law is being developed. Progress has been more successful in some areas of threats to maritime security compared to others. However, it can be observed that we are generally moving towards a more comprehensive international cooperation to combat transnational maritime crime.

References

Legislation

Charter of the United Nations24th October -1 UNTS XVI 1945.

International Convention for The Safety of Life at Sea - SOLAS 1974.

International Ship and Port Facility Security Code - The ISPS Code 2004.

The United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances - 1988.

The United Nations Convention on the Law of the Sea - UNCLOS 1982.

Protocol against the Smuggling of Migrants by Land, Sea and Air supplementing the United Nations Convention against Transnational Crime - 2004.

Protocol to Prevent , Suppress and Punish Trafficking in Persons, especially Women and Children supplementing the Unit ed Nations Convention against Transnational Crime - 2000.

The Convention of High Seas - 1958.

The International Convention on Maritime Search and Rescue - The SAR Convention 2004.

European Convention on Hum.an Rights - 1950.

The Convention for the Suppression ofUnlawfulActs Against the Safety of Maritim e Navigation- SUA Convention 1988.

The Hague Convention for the Suppression of Unlawful Seizure of Aircraft - 1970.

Montreal Convention for the Suppression of Unlawful acts against the Safety of Civil Aviation - 1971.

The Convention Relating to the Status of Refugees - 1951, with supplementing protocol of 1967.

Agreements

Council of The European Union agreement on illicit traffic by sea - 2005.

Agreement concerning cooperation in maritime law enforcement signed at Nassau - 2004.

Agreement between the US and the Bahamas - 2004 Aruba agreement.

Caribbean Regional Maritime Agreement - 2003.

Agreement between Denmark and the UK- 2000 Schengen agreement

The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against ships in Asia -2004 RECAAP.

Resolutions

IMO Assembly Resolution A.924(22).

International Maritime Organisation Resolution MSC.167(78): Guidelines on the Treatment of Persons Rescued At Sea 2004.

Security Council Resolution 13 73.

Security Council Resolution 1526.

Security Council Resolution 1540.

Security Council Resolution 1838.

Security Council Resolution 1846.

Security Council Resolution I 85 I.

SecurityCouncil Resolution 1897.

Security Council Resolution 1918.

Security Council Resolutions 1816.

The UN General Assembly Resolution 63/1 II: Oceans and tbe Law of the sea 2008.

UN General Assembly Resolution 2625(:XXV): Declaration. on Principles of International Law Concerning Friendly Relations and Cooperation among States 1970.

EC Regulations

Art 10, Regulation (EC) 343/2003.

Art 6, Regulation (EC) 863/2007.

European Commission Documents

Commission Staff Working Document: Study on the international law instruments in relation to illegal immigration by sea. Commission staff working document'. SEC Document, published 15 March 2007, pp. 4- 6.

United Nations Documents

United Nations, Maritime Seazrity: Elements of an analytical framework for compliance measurement and rislc assessment (London and Geneva, United Nations, 2006).

UNHCR Excom: "Protection Safeguards in Interception Measures", conclusion no 97 (LIV) 2003.

International Documents

International Maritime Organization ( online), 'Piracy and armed robbery agJinst ships'. Available at: http:/lwww.imo.org/OurWork/Security/PiracyArmedRobbery/Pages/Defa ult.aspx (Accessed 5 December 2010).

Intern ational Maritime Organisation, 'Djibouto Code of Conduct. Available at: http:/ /www.imo.org/ Our Wark/Security /PIU /Pages/DCoC.aspx ( Accessed 5 December 2010).

IMO Maritime Safety Committee 75. Session: 15.-24. May 200.

Official Journals of the European Union

OJ 22.09.2000.

OJ L 262 22/09/2006.

Cases

ITLOS 1999 Southern Bluefin Tuna Cases (New Zealand vs. Japan ; Australia vs. Japan).

ITLOS 2001 MOX Plant Case (Ireland vs. United Kingdom).

PCIJ 1931 Railway Traffic Case (Lithuania vs. Poland); 1957 Lanoux Arbitration Case(Spain vs. France).

Analytical Publications

Allen, C.H., Maritime counterproliferation operations and the rule oflaw (Westport, Praeger Publishers, 2007).

Constantinople, G. R. 'Towards a new definition of piracy: the Achille Lauro incident', In Virginia Journal of International Law 26 (1986). pp. 723-753.

Dickinson, E. D. 'Is the crime of piracy obsolete?' In Harvard Law Review 38 (1925). pp.334-351.

Glennon, M 'Italy-Libya Connection', published at Human Rights Watch (online), 23 September 2009. Available at http :/lwww.hrw.org/news/2009/09/23/ita ly:-libya-connection (Accessed 25 June 2012).

Gooding, G. 'Fighting Terrorism in the 1980s: The Int erception of the AchilleLauro Hijackers'. In Yale Journal ofinternational Law 12 (1987). pp. 158-179.

Halberstam, M. 'Terro rism on the High Seas: The AchilleLauro, Piracy and the IMO Convention on Maritime Safety', In The American Journal of Int ernational Law82 (1988). pp. 269-310.

Martin, T. A. 'Drawing Lines in the Sea'. In U.S. Naval Institute Proceedings, 134.12 (December 2008).

McGinley, G. P. 'The AchilleLauro Affair - Implications for Int ernational Law', in Tennessee Law Review52 (1985).

McNichola s, M. Maritime Security- An Introduction (Burlington, Oxford, Elsevier, 2008).

Robert C. Beckman, 'T he 1988 SUA Convention and 2005 Protocol: Tools to Combat Piracy, Armed Robbery, and Maritime Terrorism ' in Rupert Herbert-Burns and others (eds), Iloyd 's MIU Handbook of Maritime Security (Florida , Auerbac h, 2008).

Tauman, J.E. 'RescuedatSea, ButNowhere to Go: The Cloudy Legal Waters of the Tampa Crisis'. In Pacific Rim Law and Policy Journal, 11. 2 (January 2003). pp. 461-496.

Tolley, W. K. Maritime Safety; Security and Piracy (London, Informa Publishing, 2008).

Van Selm, J. and Cooper, B. The new boat people: Ensuring Safety and Determining Status(Report of the Migration Policyinstitute, 2005).

Xu Ke, 'Myth and Reality: The Rise and Fall of Contemporary Maritime Piracy in the South China Sea'. In Shicun Wu and KeyuanZou (eds), Maritime Security in the South Chin.a Sea (Farnham, Ashgate, 2009). pp.30 -50.

Websites

Australasi an Legallnformation Institut e A Joint Facility of UTS and UNSW Faculties of Law ( online), 'Victorian Council for Civil Liberties Incorporated v Minister for Immigration & Multicultural Affairs ( & summary) [20011 FCA 1297 (11 September 2001). Available at: http: //www.austlii.edu.au /au /cases/cth / federal ct/2001/1297.html (Accessedat25 June 2012).

Drug Enforment Adminstration (DEA) Museum & Visitors Center (online), 'DEA on the Sea'. Available at: http ://www.deam useum.orwa ls/sea.htm l (Accessed 25 June 2012).

International Marintime Organization ( online). 'Piracy and armed robbery against ships'. Available at http:/lwww.imo.org/OurWork/Security/PiracyArmedRobbery/Pages/Defa ult.aspx (Accessed 5 December 2010).

International Marintime Organization ( online). 'Reports on piracy and armed robbery'. Available at: http ://www.imo.or g/OurWork /Security/PiracyArmedRobbery/Pages /Defa ult.aspx (Accessed 5 December 2010).

InternationalMarintime Organization (online). 'Djibouyi Code of Conduct' . Available at: http: //www.imo.org /OurW ork /Security/PIU /Pages/DCoC.aspx (Accessed 5 December 2010).

Ministry of Foreign Affairs in Japan ( online), 'Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia'. Available at http :/lwww .mofa.go.jp:(mofaj/gaik o/ka iyo/p dfs/kyotei s.pdf (Accessed at 12 June 2012).

Nikitin, M. B. 'Proliferation Security Initiative (PSI)'. CRS Report for Congress Prepared for Members and Committees of Congress, 15 June 2012. Available at: http ://www.fas.org/sgp/crs/nuke /RL34327.pdf (Accessed4 December 2010).

TraveLState.Gov. A Service of the Bureau of Consular Affairs U.S. Department of State, 'International Maritime Piracy'. Available at: http: //t raveLstate .gov/travel/cis pa tw/ piracylpiracy 4420.html . (Accessed 5 December 2010).

U.S. Department of State Diplomacy in Action ( online). 'Proliferation Security Initiative: Statement of Interdiction Principles', 4 September 2003. Available at: http ://www .state .guv/t/isn/c2 7726.htm (Accessed 4 December 2010).

UNHCR The United Nations Refugee Agency (online). 'Ten Point Plan of action for refugee protection and mixed migration for countries along the Eastern and South Eastern borders of European Union member states'. 29 June 2007. Available at: http://www.unhcr.org/4688b4af2 .html (Accessed 12 January2011).

Xiang, L. W. 'Regional Cooperation Key to Curbing Piracy'. A siaone News (online), 30 April 2010. Available at: http://www.a siaone.com/N ews/ AsiaOne +News/Singapo re/Story/ AlStory:2 0100430 -213291.htrnl (Accessed 5 December 2010).

Endnotes

1. Reydams, L. Uni versal Jurisdiction: Int ernation al and Mu ni cipal Legal Perspecti ves (Oxfor d, Oxford University Press, 2003).
2. ITLOS 2001 MOX Plan t Case (Ireland vs. Unit ed Kingdo m).
3. Allen, C. H., lvfari tim e coun terpro liferation operatio ns and the rule of law (Westpo rt, Praeg er Publi shers, 2007) , p. 107.
4. ITLOS 1999 Sout hern Bluefin Tuna Cases (N ew Zealand vs. Japan; Austr alia vs. Japan).
5. PCIJ 1931 Railway Traffic Case (Lithuania vs. Poland) ; 1957 Lan.oux.Arbitr ati on Case (Spain vs. France).
6. Articlel Chart er of the United Nations.
7. UN General Assembly Resolution 2625 (XXV): Declaration on Principles of International Law Concerning Friendly Relatio ns and Cooperatio n amon g States.
8. Security Council Resolutions 1373, 1526, 1540.
9. TI1e UN General Assembl y explicitly recogn izes this need in Resolution 63/111 para . 61.
10. McNicholas, M. Maritime Security - An Introduction (Burlington, Oxford, Elsevier, 2008), p. 89f.
11. IMO Resolution A.924(22).
12. 2004 amendments to the Convention on Safety of Life at Sea 1974, especially chapter XI-2.
13. IMO International Ship & Port Facility Security Code.
14. United Nations, Maritime Security: Elements ofan analytical framework for compliance measur ement and risk assessm ent(Lorrdon and Geneva, United Natio ns, 2006). p. 3.
15. The ISPS Code sect. 15 and McNichola s, M. Maritim e Security - An Introduction (Burlington and Oxford, Elsevier, 2008), p. 109f.
16. McNicholas , M. 1'1.aritime Security-An Introduction (Burlington, Oxford , Elsevier, 2008), p. 126f.
17. See Drug EnformentAdminstration (DEA) Museum &Visitors Center (online), 'DEA on the Sea'. Available at: http://ww, v.deamu seum.or ~/als/sea.htm l (Accessed 25 June 2012).
18. The Uni ted Nations Conventi on again st illicit traffic in. narcoti c drugs and psychotropic sub stan ces (The Vienna Convention), 1988.
19. Council of European Union's agreement on illicit traffic by sea in 2005.
20. Martin, T. A. 'Drawing Lines in the Sea'. In U.S. Naval Insti tute Proceedings , 134.12 (December 2008)
21. Tauman , f. E. 'Rescued at Sea, But Nowhere to Go: The Cloudy Legal Waters of the Tampa Crisis' . InPacifi.c Rim Law an.d Policy Journal, 11. 2 (January 2003). Australasian Legal Information Institute A Joint Facility of UTS and UNSW Faculties of Law ( on line), 'Victorian Council for Civil Liberties In corporated v Minister for Immigration & Multi cultural Affairs ( & summary) [2001] FCA 1297 (11 September 200 I). Available at: http ://www.austlii .edu .au/au/cases/cth /feder al ct /2001/1297.htrnl (Accessed at 25 June 2012).
22. The United Nation s Conventi on on the Law of th e Sea - UNCLOS 1982.
23. UNCLOS art 19.2 (g).
24. Art 21 UNCLOS.
25. Protocol against the Smuggling of Migrants by Land , Sea and Air supplementing the United Nations Convention against Transnational Crime, signed in Palermo enter ed into forced in 2004.
26. Art 5 and art 6 the Smuggling Proto col.
27. Art 6 the Smuggling Protocol.
28. Art 4 the Smuggling Protocol.
29. Art 3 Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children supplementing the Unit ed Nation s Convention again st Transnational Crime.
30. UNCLOS art 98, art 12111e Convention on High Seas 1958.
31. The Inte rn ational Convention on Maritim e Search and Rescue 'th e SAR Con vention'.
32. Inter nati onal Conven tion on Maritime Search and Rescu e, 1979, amend ed in 2004.
33. The amendments to the SOLAS convention.
34. The 1951 Convention Relating to the Status of Refugees, with rnpplementin g protocol from 1967, see also art. 3 The European Convention on Human rights.
35. States see illegal entry as a major threat to state secur ity . It is vital for every state to have some contro l over which persons enter their territory. The migrant protocol has made it clear that the persons themselves are not to be crimin alized, but there may be a terrorist on the boat with th.e migrants and some of the migrants might be economic migrants without the right to asylum; hence why irregular migrant s are seen as a threatto stat£ security.
36. Art 8 the Smugg ling Protocol.
37. 'Agreement concernin g cooperation in maritim e law enfor cement between the US and the Bah.amas. Signed at Nassau June 29, 2004. Entered into force June 29, 2004.
38. Van Selrn, f. and Cooper, B. The new boat people: Ensuring Safety and Determining Status (Report of the Migration Policy in stitut e, 2005), p. 11.
39. Glennon , M 'Italy -Libya Connection' , published at Human_ Rights Watch ( online) , 23 September 2009. Available at: http://wvrw.hrw .org/n ews/2009/09/23/ita ly-libya-conn ection (Accessed 25 Tune 2012).
40. OJ L 262 22/09/2006 p. 24.
41. European Agency for the Management of Operational Cooperation at the External Borders of the Member Stat es of the Europ ean Un ion .
42. Art 6, Regulation (EC) 863/200 7, did not apply to Dernnark and the UK, for the Schengen agreement see OJ 22.09.2000 "The Schengen Aquis".
43. Art 2 and p 18 in the preamble.
44. 'Study on the international law instruments in relation to illegal imm igration by sea . Commission staff working document'. SEC Document , published 15 March 200 7, pp . 4 - 6.
45. Art 10, Regulation (EC) 343/2003.
46. UNHCR The United Nations Refugee Agency (online). 'Ten Point Plan of action for refugee protection and mixed migration for countries along the Eastern and South Eastern borders of European Union member states'. 29 Tune 200 7. Available at: http ://.vww.un hcr.o rg/4688b4af2.html (Accessed 12 f anuary 2011).
47. Nessel, L. A, 'Externalized Borders and The Invi sible Refugee' . In Columbia Human Rights Law Review40.3 (Spring 2009), p. 634.
48. McGinley , G. P. 'The Achi/JeLauro Affair - Implications for Int ernational Law', in Tennessee Law Review 52 (1985); Constanti nople , G. R. 'Towards a new definition of piracy: the Achille Lauro incident', In Virginia Journal ofI11temational Law26 (1986); Gooding, G. 'Fighting Terrorism in the 1980s: The Interceptionofthe AchilleLauro Hijackers'. In Yale Journal of International Law 12 ( 1987)
49. An American citizen was killed during the hij acking.
50. McGinley, G. P. 'Tlie AcbilleLauro Affair - Impli cations for International Law', in Tennessee Law Review 52 (1985); Constantino p le, G. R. 'Towards a new definition of pir acy: the Achill e Lauro incid ent' , In Virginia Journal ofintemationalLaw 26 (1986) ; Gooding , G. 'Fightin g Terrori sm in the 1980s: The Interception of the AchilleLauro Hijacker s'. In Yale Journal of Internatio nal Law 12 (1987)
51. Inter nation al Maritime Organi sation.
52. The Conve ntion for th e Suppress ion of Unlawfu l Acts Again st the Safety of Maritime Navigatio n, SUA Con vention.
53. Halberstam, M. 'Terro rism on the High Seas: The AchilleLauro, Piracy and the IMO Convention on Maritime Safety', In Th e Am erican Journal of Inter na tional Law 82 (1988).
54. Article 3 SUA Conve nti on.
55. The 1970 The Hague Convention for the Suppress ion af Unla wful Seizure of Air craft and the 1971 Montrea l Convention for the Suppr ession of Unlawful Acts Against the Safety of Civil Aviation.
56. Robert C. Beckman, 'The 1988 SUA Conventi on and 2005 Protoco l: Tools to Combat Piracy, Armed Robbery , and Maritime Terror ism' in Rupert Herbert -Bum s and ot hers (eds), Lloyd' s MIU Handbook of Mar i time Sccuri ty( Florid a, Auerba ch, 2008) 188-190.
57. IMO Assembly Resolution A 924 (22); Beckman, R. C. 'The 1988 SUA Convention and 2005 Proto col: Tools to Com bat Piracy, Armed Robber y, and Maritim e Ter rorism', in Ru pert Hcrbert-B ur ns and others (eds), Lloyd's MIU Ha11dbook of M.aritime Security (Florida, Auerb ach, 2008), p.188.
58. Ente red into for ce 28 July 2010.
59. Article 8 bis. SUA Convention (2005 prot ocol).
60. For example the 2003 Aruba agreement or the 2004 U.S.-Bahama's agreement.
61. Article 8 bis. SUA Convention (2005 protocol).
62. Beckman , R. C. 'T he 1988 SUA Convention and 2005 Proto col: Tools to Combat Piracy, Armed Robbery , and Maritime Terrorism' in Rupert Herbert-Burns and others (eds), Lloyd 's 1-\1IU Handbook of Maritim e Security(Florida , Auerbach, 2008) p. 196.
63. Wea pons of Mass DestructiDn.
64. Transpor ting WM D's on board of a ship is an offense und er art icle 3bis of the SUA Convention .
65. Such agreements exist between the U.S. and Antigua and Barbuda , The Bahamas, Belize, Croatia , Cypru s, Liberia, Malt a, The Marshall Island s, Mongolia, Panam a and St. Vincent and the Grenadines. Althou gh not the largest of countries , all of th ese arc known to have a rather large number of ships flying th eir flag; Congressional Research Service, Proliferation Security Initiativ e (PSI) (RL34327, 2010) http ://www .fas.org-Jsgp/cr s/nuk e/RL3-4327.pdf (Accessed 4 December 2010).
66. Bureau of International Security and Nonprolif erat ion, "Interdiction Principle s for the Proliferatio n Security Initiati ve' (U.S. Department of State W cbsitc, Sept ember 4, 2003) http ://www.state.gov/t/i sn/ c27726.htm (Accessed 4 December 2010).
67. Article 101 UNCLOS Conventio n.
68. Dickinson, E. D. 'Is the crime of piracy obsol ete?' In Harvard Law Review 38 (1925).
69. International Chamber of Shipp ing/ Int ernationa l Shippi ng Federatio n, Pirates and Armed Robbers (London, Marisec, 2004), p. 6ff; Tolley, W. K. Maritime Safety, Security and Piracy (London , Inforrna Publishing , 2008), pp . 91-94 .; International Maritime Organ ization (online), Address of the Secretary General at the opening of the nin ety -seventh session of the legal committee, 15 November 2010; International Maritime Organization (on line), 'Reports on piracy and armed robbery ', Availab le at: htt12://www .imo.org/OurWor k/Security/Piracy:ArmedRobbery/Pages/PirateRe12orts.as.12x (Accessed 10 Tune 2012); Travel.State .Gov. A Service of the Bureau of Cons ular Affairs U.S. Department of State, 'International Maritime Pira cy'. Available at http://travel.state .gov/ travel/cis pa tw/piracy/p iracy 4420.htm l (Accessed 5 December 2010).
70. Article 100 UNCLOS.
71. Piracy must be for private ends and requir es the attack of one ship against another.
72. Or in an exclusive economi c zone.
73. Beckman , R. C. 'The 1988 SUA Convention and 2005 Proto col: Tools to Combat Pira cy, Arm ed Robbery , and Maritim e Terrori sm', in Rupert Herbert -Burns and oth ers (eds), Lloyd's MIU Handbook of Maritim e Security( Florida , Auerbach, 2008), p. 188.
74. Beckman, R. C. 'The 1988 SUA Convention and 2005 Prot ocol Tools to Combat Piracy, Armed Robbery, and Maritime Terrorism', in Rupert Herbert -Burns and others (eds), Lloyd 's WU F£mdbook of Maritime Security(F lorida , Auerbach, 2008), p. 190; Tolley, W. K. Maritime Safety, Security and Piracy (London, Informa Publishing , 2008), pp. 94-95; Especially the non-ratification by Indones ia, Malaysia and Thailand is problematic.
75. UN Genera l Assemb ly Resolution 63/111 para 65; Xiang, L. W. 'Region al Cooperation Key to Curbin g Piracy' . Asiaone News (onlin e), 30 April 20 10. Available at: http://;vwv,r.asiaone.com/News/AsiaOne+News/S ingapore/Story/A l Story20100430- 213291.html (Accessed 5 December 2010).
76. Tolley, W. K. lvlaritime Safety, Security and Piracy (London, Informa Publishing, 2008), pp. 94-95; Xu Ke, 'Myth and Reality: The Rise and Fall of Contemporary Maritime Piracy in the South China Sea' in Shicun Wu and KeyuanZou (eds), 1'1faritime Security in the South China Sea (Farn ham, Ashgate , 2009) .
77. Tolley, W. K. i\faritime Safety, Security and Piracy (London, Informa Publi shing, 2008), pp . 94-95.
78. The 2004 Regional Cooperation Agreement on Combat ing Piracy and Armed Robbery against ship s in Asia, RECAAP. See: Ministry of For eign Affairs in Japan (onlin e), 'Regional Coopera tion Agreeme nt on Combating Piracy and Armed Robbery against Ship s in Asia'. Available at: http://www. mofa.go.jp/mofaj/ga iko/kaiyo/ pdfs/k:yotei s.pdf (Accessed at 12 June 2012).
79. Inform ation Sharing Centre ISC.
80. Internatio nal Marin time Organization (onlin e). 'Pi racy and armed robbery against ship s'. Available at: http: If www.imo.or g/Our W ork/Security/PiracyArmedRo bbcr y/Pages/D efault.asvx ( Accessed 5 Decemb er 2010).
81. The Code of Condu ct con cerning the Repression of Piracy and Armed Robbery again st Ships in the Western Indian Ocean and the Gulf of Aden.
82. futernation al Maritim e Organisation, 'Djibouto Code of Conduct. Available at: 11ttp://'www.imo.or g/O urWork/ Security/PI U/ Pages/DCoC.aspx (Accessed 5 December 2010).
83. Security Council Resolution 1838.
84. Security Council Resolutions 1816 (June 2008) , 1846 (December 2008) and 1897 (November 2009) .
85. Security Coun cil Resolution 1851.
86. Also to impri son piracy convicts.
87. Security Council Resolution 1918.
88. 16 out of 21 states.