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Piracy kidnappings are kidnappings that occur during Piracy. During this time people are kidnapped by pirates or taken hostage. Article 1 of the United Nations International Convention against Hostages, defines a hostage-taker as, "Any person who catches or detains another person and threatens to kill, injure or continue to detain them". To compel a third party, namely, a State, an international intergovernmental organization, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage."[1]

Kidnappers often try to obtain the largest financial reward possible in exchange for hostages, but piracy kidnappings can also be politically motivated.[2]

Since the late 1990s, the coast of Somalia has been a piracy hotspot, posing a threat to States' security and global trade.[3] In the early 2000s, the international community established multilateral anti-piracy initiatives such as the Combined Task Force 150, and in 2008 the United Nations Security Council (UNSC) enacted Resolution 1816 to combat piracy in the Somali region. The number of incidents decreased in the Somali region after those international initiatives, but they increased in West Africa, and especially in the Gulf of Guinea.[4][5] In 2020, during the COVID-19 pandemic, the International Maritime Bureau (IMB) saw an increase in kidnappings in the Gulf of Guinea. Ninety-five percent of all kidnappings of crew members of hijacked vessels take place in the Gulf of Guinea.[6][7]

Maritime piracy

Main article: Piracy

The United Nations defines piracy as "any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft" on the high seas, "against another ship or aircraft, or persons or property on board".[8] According to the International Marine Bureau, a piracy incident can be defined as 'successful' when a vessel has been embarked by a person that is not authorized to board the ship and has criminal intentions. Different people and organizations have been the target of pirates. However, only 2–6% of the kidnappings by pirates contain foreigners, depending on the region they are in.[9] Local citizens are more often the target of piracy kidnappings.[9]

Piracy incidents often occur with the use of violence, and often include other crimes such as drug-related, human trafficking, the smuggling of weapons, illegal oil bunkering and oil theft[10] (the latter can be defined as petro-piracy[11][12]). Since 2011, there is an increasing number of foreigners that are the target of piracy incidents, including Western aid workers. Not only does the kidnapping take place at the seas, but also land-based kidnappings occur.[13][14] Whereas Somalia, located on the Horn of Africa, was a popular piracy attack area between 2009 and 2013, a decrease in Somali pirate activities can be noticed between 2011 and 2013.[15] The Gulf of Guinea has been the recent hotspot for pirate attacks and the international community got concerned as piracy attacks in West Africa exceeded the number of attacks by Somali pirates.[16][17][18] This could be attributed to the fact that more international vessels are passing through the Gulf of Guinea as it is a valued route for international ships. The IMB, Oceans Beyond Piracy and the Maritime Piracy Humanitarian Response Program stated that 966 sailors were attacked in 2012 by pirates in the Gulf of Guinea, and that the pirates were aiming to receive quick financial rewards through selling stolen oil or asking for ransom.[19] As more international powers such as the US, China and other European states are increasingly becoming a target of piracy incidents, they have taken part into several anti-piracy and capacity-building operations to combat piracy. Military, financial, or political resources have been allocated to limit the risk of conflict.[20][21]

Kidnap for ransom

Definition

Ransom kidnappings occur when kidnappers attempt to release their hostages in exchange for financial rewards. This can be categorized as either criminal or political. In the case of a criminal kidnapping, the kidnapper's goal is exclusively a financial gain for himself, while in the case of politically motivated kidnappings the kidnapper can use this profit to finance and thus to expand their political activities. Therefore, kidnapping for ransom differs from pathological kidnappings, motivated by sexual deviation or abductions carried out by family members.[2]

Due to the complexity of tasks during a kidnapping for ransom, such as arranging the location where the hostages are kept or arranging a negotiator and channeling the ransom payment, a solid organizational structure is required.[17] In the case of kidnappings by pirates, organizational infrastructure is needed both at sea and on land.[14]

The economics of hijacking

In 2020, 135 crew members were kidnapped for ransom by pirates, in contrast to 5 in 2011.[22] In the book Kidnap, published in 2019, researcher Anja Shortland described how kidnapping for ransom can be seen as a business model.[9] Following purely economic reasons, kidnapping for ransom is merely a matter of demand and supply.[23][9] In kidnapping situations by Somali pirates, negotiations lasted between six to eighteen months. As the pirates discovered how valuable the international vessels were, ransom demands increased to higher amounts, while the hostages were kept for a longer time. In contrast to Somali pirates, who took hostages for approximately 11 months, pirates of the Gulf of Guinea kept hostages for four days.[15]

To attain the ransom, hostages are asked to write down a list of people that could make the payment or contribute to that. The higher the ransoms became, the higher the expectations of obtaining financial rewards for the next time someone would get kidnapped for ransom. This also led to an increase in recruitment of young men that got attracted by the idea of having more money. The World Bank calculated that ransom payments are distributed in the following way: 5.4% of the ransom is spent on the pirates that execute their tasks on the sea; 8.3% is for the compensation of investors and creditors; the remaining 82.3% is distrusted amongst the people on land who assisted the pirates.[9]

Annual turnover from ransom kidnapping is estimated up to 1.5 billion dollars.[9] From this business perspective, having hostages would be profitable, and hence kidnap for ransom can be a profitable business model. However, if the ransom payment takes too long or if it is too low, keeping a hostage alive and in good health could be inefficient.[9] Employers are also able to purchase insurance for kidnap and ransom at private insurance companies such as Llyod.[24][9] Those insurances are purchased without the knowledge of their employees because the employer wants to prevent that the employees would not behave differently or being less careful, knowing that they are insured. If piracy incidents increase, it seems that insurance premiums accelerate by ten times.[25]

Piracy ransom ban

Some governments refuse to negotiate with kidnappers. The United Kingdom and the United States are an example of this. By not negotiating with hostage-takers, the states hope that this will discourage kidnappers to abduct their nationals.[26] The debate exists whether countries should implement a piracy ransom ban or not. It mainly questions if a piracy ransom ban would demotivate pirates to kidnap foreigners knowing that states are not willing to pay ransom for their hostages.[27] The effectiveness is debatable, and such a policy is also more applicable to situations in which foreign states are concerned over their nationals rather than cases in which local citizens are involved.[27]

The ethical dilemma of paying pirates

Pirates will often harm or kill hostages if a ransom is not paid. From an economic perspective, hostages are of no value if they cannot be used to gain financial rewards. However, paying ransoms demanded by terrorists, militants, or pirates can be perceived as an ethical dilemma, because ransom payments will reward individuals who committed criminal activities. Pirates may also use ransom payments to commit future kidnappings or criminal acts.[23]

The role of clans

Many different factors contribute to the emergence of piracy, such as economic deprivation or youth unemployment. Often piracy occurs in states that lack a centralized government, order, or civil protection – so-called failed states. Since legitimate rule-making institutions are absent, state control often lies in the hands of corrupt officials or rules are lacking at all.[9] In those states, clan systems often take the role of the non-existing stable government institutions.[9] In Somalia, the clan system, which has its own customary laws supported by the sharia if needed, plays a significant role in the decision-making processes of the state and can influence the way pirates operate. The law of the clans suggests that conflicts ought to be resolved in a peaceful manner instead of through violence, and they are often punished if someone breaks this law, in the form of a penalty[9]

Pirates can make deals with the clans that are located at the coast. The clan elders will then also negotiate with other clans to make sure the hijacked ships can have a safe passage. In return, they will receive "protection money" and they attempt to ensure that everyone gains from the ransom payments. They attempt to distribute the money fairly, but also in a peaceful manner.[9] It is therefore in the best interest of the clan elderly to establish a non-violent environment for the hostages that are taken by the pirates. Around the region of the Niger Delta, regional clans make sure that the negotiation process is happening fast, and that the hostages will be treated in a non-violent manner. Handbooks were found by international staff during counter-piracy operations, where rules were stated such as "Anyone shooting a hostage will immediately be shot".[9]  The pirates will be punished if something would happen to the hostages of the hijacked ships.[9]

In the media

In some kidnapping cases, a “double injunction” can be issued. Newspaper outlets are then not allowed to publish anything about the kidnappings nor about the negotiation process. This is to make sure that the attention of the media will not influence the negotiation process. When the media write about the kidnapping, it is mostly published after the hostages are released. In the case of the MV Leopard, a Danish ship that was captured in January 2011 and kept two Danes and four Filipinos for more than two years,[28] the Danish authorities advised the media not to write about the kidnapping because its influence could take the negotiation process for the ransom payments.[29] The Danish media followed this advice, except for the tabloid Ekstra Bladet which wanted to generate more news coverage for the Danish hostages Søren Lyngbjørn and Eddy Lopez. In their campaign, Ship craft's owner John Arne Larsson came to the fore as a multi-millionaire who angered the public, but also increased the demand for the ransom from 6 million to 15 million.[9] In May 2013, they were released.[30] Ship craft did not reveal the ransom payment but it appears to be "considerable millions" according to its managing director Claus Bech.[31][32]

Geographical overview of piracy kidnappings

Piracy kidnappings in Somalia

Somalia is an example of state failure, and the void could be filled by illicit activities such as piracy. Somali pirates became more experienced as they tracked the archived information of the Automated information system (AIS). Most international vessels are required to use AIS and it will track the vessel's position, direction, and speed. Somali pirates used this information to discover which locations ships would anchor, how close to the coast or at the high seas.[9] Access to weapons was relatively easy, and as commercial ships did not have military- or armed protection at first, the vessels could be hijacked easily, and crew members captured.[9] The pirates command the crew members of the captured ship to sail to the coast, but they can also be used as a human shield whenever the pirates are encountered by warships on the sea.[9] Warships in the case of Somalia, were authorized by the United Nations Security Council to operate in the territorial waters.[9] In exchange for the release of the crew members of the vessel, a ransom was demanded by the pirates. By receiving multi-million-dollar ransom payments, kidnapping for ransom has become more attractive and has therefore led to an increase in kidnapping foreigners in exchange for a ransom payment.[9] The more money pirates receive from those kidnappings, the harder it is to set a halt to the hijacking- and kidnapping for ransom.[33][34]

The Chandler Couple: October 2009 – November 2010

In October 2009, the British couple Paul and Rachel Chandler sailed from the Seychelles to Tanzania with their private yacht when they were seized by Somali pirates. Their yacht was found empty during counter-piracy operations.[35] The pirates asked for a ransom of 7 million dollars in exchange for their release. The pirates reached out to the BBC, stating that "NATO operations had a lot of negative impacts here. They arrest fishermen and destroy their equipment. So, when you consider the damage and all the people affected we say the amount is not big."[36] In November 2009, a video has been released in which Rachel Chandler asks the UK government, the British people and their family "to do whatever they can to enter into negotiations with these people to buy back our lives."[37] The United Kingdom's Foreign Office stated that the policy regarding their payments of ransom is clear and that they would not pay hostage-takers.[38] After a year, in November 2010, the Chandler couple got released.[39] The ransom payment is not officially announced as the family "believes it would be irresponsible to discuss any aspect of the release process as this could encourage others to capture private individuals and demand large ransom payments, something that we are sure none of us wants."[39] The word goes that roughly 1 million dollars were paid for their release; a payment of $430,000 in June 2010 that most likely was received by another group instead of the pirates.[40] After that, another ransom amount was assembled.[41] Local citizens and clan elderly were embarrassed by the behavior of the pirates, who asked millions of money family members of the British couple did not have. The clan elders made sure that the pirates would release the couple.[9] It is a clear example of how clans have control in the region pirates operate rather than the police or other state bodies. The Chandlers got released and returned to the United Kingdom.[42]

Decrease of Somali Piracy: 2011

With several counter-piracy initiatives by the international community, such as having armed guards or military on board of the ships, the number of piracy attacks and the kidnapping for ransom was set to a halt. The cooperation of multiple states such as the Combined Task Force 150 has led to a decrease in Somalian piracy activity. Alongside state cooperation, private companies have contributed to improving the safety of commercial vessels.[9]

Piracy kidnappings in the Gulf of Guinea

Though Somalia has been a piracy hotspot for quite some time, a shift can be noticed towards the West African coast after 2012. More pirates are present in the Gulf of Guinea, and attacks on ships are becoming more hostile and threatening. Pirates have access to more advanced equipment and are more modernized.[43][5] Foreigners are the target of hijacking-for-ransom as international vessels are more present in the region.[17] There is a lack of security measures in the Gulf of Guinea's territorial waters, where most pirate activities in the Gulf take place; compared to the high seas where Somali pirates attack their targets.[15] However, kidnappings for ransom happens gradually increase farther away from the coast, and pirates can operate 80–160 kilometers out from the shore.[9] Aside from piracy incidents on the mother ship, they can also occur on land.[44][11] According to Oceans Beyond Piracy, pirates in the Gulf of Guinea operate mainly on commercial ships to attain kidnapping ransom.[45]

In the oil-rich area of the Niger Delta, ships are often hijacked and their oil stolen;[10] see petro-piracy. Pirates in the Gulf of Guinea mostly rely on oil bunkering and kidnapping for ransom. Hostages are generally held for a few days to a few weeks. Compared to Somali kidnappings, this is a relatively short time. Kidnappers receive a ransom in exchange for the hostages' release, but the payment amount is often lower than the demand. The kidnapping business in this area is quick, cheap, and short compared to Northern Nigeria, where terrorist organizations Boko Haram and Ansaru operate differently. They often hold their hostages for a longer period seeking higher ransom payments.[9]

Piracy kidnappings in Asia

Since 2013, piracy has increased in areas such as the Strait of Malacca and the South China Sea. During the COVID-19 pandemic, piracy incidents in Asia increased.[46] However, these incidents are mostly categorized as "opportunistic piracy", which can be defined as an unprepared act that is similar to armed robbery because "if you see something worth taking you might give it a shot".[47] Kidnappings by pirates in Asia occur rarely compared to the West-African or Somali regions. On 26 March 2016, 10 Indonesian crew members from the ship Brahma 12 were kidnapped. This was the first kidnapping on the sea in this area.[48]

Kidnapping by Abu Sayyaf: January 2020 – March 2021

The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) stated that on 17 January 2020, five crew members were kidnapped from a fishing trawler by Abu Sayyaf, a Jihadist militant group off Lahad Datu, Malaysia.[49] Abu Sayyaf, an Islamic terrorist organization, is known for previous attacks and kidnapping for ransom. They use their financial rewards attained from piracy attacks and ransom payments to fund further piracy attacks.[50] The ReCAAP was reported by the Philippine Coast Guard (PCG) and stated that men in black clothing and masks conquered a fishing trawler with a grey speedboat. The crew members were rescued by the marine brigade of the Armed Forces of the Philippines (AFP) when they were conducting multiple rescue operations and discovered the capsized ship where the hostages were held.[51] The PCG continues with sharing information on suspicious movements on the seas that can be related to pirate activities of the Abu Sayyaf. ReCAAP has been warned about Abu Sayyaf's planning of kidnappings, targeting foreigners or abducting crew members from vessels, and keeps in close contact with the PCG and shipping companies.[49] After the abduction of the five crew members from the fishing trawlers, shipping companies were advised to follow the "Guidance on Abduction of Crew in the Sulu-Celebes Seas and Waters off Eastern Sabah", which covers important maritime sea lanes in the Philippines, Malaysia and Indonesia.[48]

References

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