Controlling piracy in Southeast Asia - thinking outside the box

Abstract

At a basic level, piracy (like all crimes) is caused by illicit opportunity structures, motivations to take advantage of such opportunities and social control weaknesses, all of which are affected by the globalization processes. Therefore piracy control strategists would do well to focus on these processes - which not only create attractive targets but have also aggravated disparities between societies and peoples - and on the protection of vulnerable locations through efforts to improve governance. Governance is understood broadly as the set of norms, processes and institutions through which diverse interests emerge, are articulated and acted out, and through which conflicts of interests are addressed or resolved in a given social group or community. The most common contributing factor suggested in the literature on piracy is opportunity. The concept of opportunity refers to several elements, ranging from favorable geography (for example, narrow waterways and the availability of hideouts), busy shipping routes with convenient and plentiful targets, to limited control capacity, access to weapons, as well as legal and jurisdictional weaknesses. As both the Centre for International Law (CIL) conference discussions and the literature suggest, control weaknesses are compounded by socio-economic contexts that make piracy viable. Piratical attacks may be rationalized and rendered acceptable or ‘not that bad’ in the minds of those pondering different options for survival and economic advantage. Combined with the integration of maritime piracy within formal and informal economies, a lack of political will and cultural permissiveness, such factors contribute to the emergence, continuation and growth of this criminal activity. Capacity building, awareness raising and legal address of this issue is thus a priority for justice to victims, certainty and for security in trade and for a comprehensive approach to cross-border crimes in the region. This paper will look at the nature of modern piracy in Southeast Asia, outline traditional international legal instruments used to combat piracy - illustrating some of the deficiencies of the legal environment as it stands today - and review some UN Conventions that can be considered as alternative instruments possibly applicable in maritime piracy cases.