A Bizarre Mix of Counterterrorism & Legalism

The strange mixture of counterterrorism and legalism of the Obama administration is what jumped out at me when I read a Washington Post story about a Somali indicted on terrorism charges. Consider whether or not you'd expect these things to go together.

• The secret capture of a "terrorism suspect" in the Gulf of Aden
• Two months of daily or almost daily secret interrogations with no justice department involvement
  
• Suspect eventually advised of Miranda "rights" and "right" to legal representation
  
• Suspect flown secretly flown to New York and indicted by a federal grand jury on conspiracy charges.

Is this man an enemy or a criminal? The Obama administration doesn't know, and like most things, they want to have it both ways. They secretly capture and interrogate someone who has apparently committed no crime against the U.S., and then later go through the ridiculous farce of advising him of rights which he shouldn't even possess as a presumed hostile non-U.S. citizen. According to the article,

The nine-count indictment, ..., does not accuse Warsame of carrying out or plotting attacks against U.S. targets. It charges him with conspiracy and providing material support to two groups the United States considers terrorist organizations: al-Shabab, a militant Islamist group opposed to Somalia’s weak, U.S.-backed government, and Yemen-based al-Qaeda in the Arabian Peninsula (AQAP). Warsame is also accused of weapons offenses related to both alleged conspiracies; conspiracy to teach and demonstrate explosive-making; and receiving military training from AQAP.

This case raises many questions. How is a foreigner who assists some terrorist groups outside the U.S. somehow subject to U.S. laws and a reasonable subject of a U.S. indictment? On the one hand the Obama administration acts to neutralize someone they see as an enemy or potential enemy, but on the other it tries to cover the act with a veneer of legalism -- going so far as to manufacture an indictment. How are we able to charge people with crimes for simply being a part of some foreign terrorist group, when the person hasn't actually done anything against the U.S.? Does the existence of groups such as al-Shabab automatically cause anyone having anything to do with them to be engaged in a conspiracy under U.S. law? Why are we wasting time and money hauling some Somali to the U.S. for a trial? What purpose will this accomplish?

Maybe the Chinese Will Do Something About Somali Piracy

Here's China's Chief of the General Staff, General Chen Bingde on Somali piracy.

"For counter-piracy campaigns to be effective, we should probably move beyond the ocean and crash their bases on the land," ... "It is important that we target not only the operators, those on the small ships or crafts conducting the hijacking activities, but also the figureheads,"

The way to stop piracy has been known for thousands of years: you kill the pirates and destroy their bases. With most anti-piracy efforts crippled by blind legalism, will the Chinese actually step up and take effective action?

World's Dumbest Pirate Confesses

A Somali pirate captured by the U.S. Navy confessed yesterday to attacking an American warship back in April. He and six of his dumb pirate friends actually chased and fired on the U.S.S. Ashland, one of the more amusing incidents of the not so amusing Somali pirate problem. Here's a picture of the Ashland.  It has a crew of over 400, can carry 400+ marines, and has an array of surface to surface weaponry, including two 25mm auto-cannons, and six .50 cal machine guns. It's an ideal target for seven guys in a small boat.

If you are going to make your living as a pirate, knowing the difference between major warships and merchant shipping is a key job skill.

Add Them to the Target List

The Al Shabaab group in Somalia today openly declared its Islamist goals, and its association with Al Qaeda and Osama Bin Laden.

al Shabaab said it would ally with al Qaeda in a drive to establish an Islamic state in Somalia and fight for Muslims across East Africa ... the group said it had agreed, among other things, "to connect the horn of Africa jihad to the one led by al Qaeda and its leader Sheikh Osama Bin Laden."

From the U.S. perspective, this should be taken as confirmation that every member of that militant group is now a legitimate target. Hopefully we've already been taking steps aimed at eliminating its leadership. If not, it's time to add them to the target list for assassination.

Kill the Pirates

There's actually a major newspaper with the courage to publish advice that should be obvious. I was surprised to see the title, "Put Pirates to the Sword," in today's Wall Street Journal.  Believe it or not, it is actually written by lawyer, Sandeep Gopalan at the National University of Ireland. Here are a few key excerpts,

Prosecution can only be a small part of the fight against piracy. The main weapon has to be ruthless force.

For some reason we've forgotten the lessons of centuries of anti-piracy operations.

confusion over the legal authority to use lethal force has emboldened pirates.

Exactly. Pirates aren't stupid. They understand risk vs. reward. Currently the risk of death, or even imprisonment is small, while the potential rewards of piracy are high.

Naval officers and others need not hesitate to use lethal force against pirates: The United Nations Security Council passed resolution 1851 in December 2008 authorizing states to take "all necessary measures—that are appropriate in Somalia, for the purpose of suppressing acts of piracy." This resolution was issued under Chapter VII of the U.N. Charter and should serve as a sufficient legal basis to kill pirates. Further, the law of self-defense ought to cover the use of lethal force against pirates boarding ships armed with lethal weapons.

If basic common sense, tradition, and results aren't enough, there's even a legal argument to be made.

It is regrettable that the failure of the legal system to bring pirates to justice effectively has created a perverse incentive to kill rather than prosecute. Until Somalia has a legal system capable of convicting pirates, killing them is the only option.

Gopalan's recommendations are so blindingly obvious, and have been made by plenty of others, that it is almost certain they will continue to be ignored.

The Latest in Piracy

Somali pirates have captured a Chinese cargo ship in the Indian Ocean, 700 miles from Somalia. According to the "naval spokesman for the European Union's anti-piracy force," the naval patrols in the region are forcing the pirates to move further out to find targets. Wow, what a great success. Basically they've succeeded in annoying the pirates, and increasing their travel time. Good job. Rarely has so much naval power been assembled for so little result. 

You have to wonder when some country is going to get tired of this and actually take effective actions, instead of just ignoring the lessons of history and trying to put a band-aid on the piracy problem. The Chinese currently have three warships in the region. Is there any chance they might retaliate against suspected pirate bases in Somalia? A British analyst quoted in the report thinks the Chinese will probably take a cautious approach, and avoid endangering the captured crew, but he isn't sure. As he points out,

"We've never seen so many Chinese citizens captured at a time when Chinese ships were in the region."

Somalia piracy will continue as long as it is profitable, and the rewards outweigh the risks. Naval patrols can't be everywhere at once, and there are just too many targets to cover.  I wouldn't be at all surprised if piracy increased and spread to other countries, since it is clear that no one has the stomach for stamping it out.

The Right Way to Launch a Commando Raid

Get in, complete the mission, and get out. No explanations. No identification, just some dead bodies left behind. That's what happened in Somalia today.

Eyewitness Abdi Ahmed said six helicopters buzzed the village before two of the aircraft opened fire. After the helicopters fired, white foreign soldiers in military fatigues got out and left with the two wounded men. 

"There was only a burning vehicle and two dead bodies lying beside it," said Mohamed Ali Aden, a bus driver who drove past the burnt-out car minutes after the attack, some 155 miles (250 kilometers) south of Mogadishu.

Who carried out the raid? No one knows. But the dead and captured were apparently associated with a militant group tied to Al Qaeda. A Pentagon spokesman had no comment -- exactly the right response. Was this a U.S. operation? I don't know. And that's a good thing.

UPDATE

There are reports that a senior Al Qaeda leader, the man behind the attacks on U.S. African embassies in 1998 was killed in the attack.

Somali Prime Minister on Pirates

Omar Abdirashid Ali Sharmarke, the prime minister of Somalia, spoke out today about the piracy situation on his country's coast. Surprisingly, rather than making the same excuses as western pirate apologists, he pinpointed one of the more obvious reasons for piracy:

"The only reason people [become pirates] is because the companies are deciding to pay ransoms,"... "That is what encouraged several young kids to go into the waters. Our policy has always been ‘don't pay ransoms'"

It's nice to see someone from Somalia honestly stating that the main motive behind the piracy problem is profit, abetted by the fact that shipping companies are willing to pay high ransoms, rather than pretending that the pirates act as some sort of coastal militia, or are reacting to environmental damage, as some have suggested.

You Can't Fight Piracy With Lawyers

A Somali pirate has filed suit against Germany, claiming "inhumane treatment." If anyone wants to know why piracy is flourishing off Somalia despite the presence of numerous international warships, they need look no further than this case.

Ali Mohamed AD was captured by the German Navy when he and eight other pirates attempted to capture a merchant ship. Rather than summarily executing him -- the traditional and customary penalty for anyone taken in an act of piracy -- the Germans stupidly turned him and his cohorts over to Kenya, supposedly for prosecution. Now, rather than just thanking his good luck that the West is paralyzed by ridiculous legalistic rules that forbid the execution of even traditionally-defined "enemies of humanity," this particular pirate is going see how far he can push his advantage. He's going to try to make Germany pay for capturing him while he engaged in piracy. 

Unfortunately there are no doubt lawyers ready to take up his case. And there are probably human rights activists and others looking into it. If this sort of thing continues, there will probably be people calling for an inquiry into how captured pirates are treated. What if they were subjected to any sort of harsh treatment? We can't have that. After all, we can't even harm known terrorists, let alone poor pirates just trying to make a living.

Piracy Apologists

The Huffington Post has had a couple of posts up making excuses for Somali piracy. Really. The latest is a guest-post by a Somali-Canadian named K'nann: "Why We Don't Condemn Our Pirates" It's interesting that despite being a Canadian, this individual still apparently identifies with Somali pirates. Here's the basic argument.

Western ships have been "stealing" fish from off the coast of Somalia. And an Italian firm made an agreement with a Somali warlord to dump toxic waste in Somalia waters. Somalis got fed up and responded with piracy.

our pirates were the only deterrent we had from an externally imposed environmental disaster. No one can say for sure that some of the ships they are now holding for ransom were not involved in illegal activity in our waters.

That's real convincing, isn't it? These pirates are just protecting Somali waters by grabbing every merchant ship they can get their hands on and holding them for millions in ransom. They are just another type of environmental activist. No doubt they'll put that ransom money to good use cleaning up the coastline, in between murdering each other and engaging in more piracy.

What about the fact that Somalia is a chaotic hellhole unable to govern itself?  That's all the west's fault of course. Why are Somali warlords making deals with foreign firms to dump toxic waste offshore? I guess that's the west's fault too. It's a good thing these articles are appearing in left-wing outlets like the Huffington Post. If anything can possibly be blamed on the west, particularly on the U.S., you know they'll be all over it, no matter how ludicrous the argument. Where else will you find sympathizers with a class of criminals traditionally defined as enemies of humanity?

Effective Action Against Pirates

It was good to hear that the U.S. took strong and decisive action against the pirates holding Richard Phillips hostage, killing three, taking one prisoner, and releasing Phillips unharmed. Congratulations to the SEAL team involved, and to the administration. I may be wrong, but I'm assuming that such a rescue operation needed high-level authorization. If so, President Obama should be commended for having the leadership to make a difficult life & death decision, and for not paying the ransom.

The New York Times article linked above notes that pirates are still holding over 200 hostages. They also have a statement from a pirate saying that this action won't discourage them, and that they'll "take revenge" if they capture another American. This would be a great time for the U.S. to send some American-flagged Q-ships -- merchant-type vessels with concealed weapons and military crews -- into the area, in the hopes of enticing pirate attacks.  That way we could kill them as they attack, and avoid the legalistic problems that are otherwise crippling anti-piracy operations. The Q-ship approach is probably the best option to counter these pirates, given that we & other nations are unwilling to carry out the type of punitive measures that might neutralize piracy in the region.