Obama’s Surrender Monkey Moment?
By Larry Johnson on April 8, 2009 at 8:00 PM in Current Affairs
(bumped up from the morning)
It ain’t exactly a “3 A.M. phone call” but it is a decisive moment that will shape perception. Somali pirates have thrown down and the world will now watch and wait to see how Commander-in-Chief Obama responds. Reuter’s reports:
Somali pirates hijacked a U.S.-flagged, Danish-owned container ship on Wednesday with 20 American crew on board in a major escalation in attacks at sea off the Horn of Africa nation, officials said.
Andrew Mwangura, coordinator of the Mombasa-based East African Seafarers’ Assistance Program, told Reuters the 17,000 ton Maersk Alabama had been seized off Mogadishu far out in the Indian Ocean, but all its crew were believed to be unharmed.
If you are expecting a Steven Seagal-commando spectacle like Under Seige, forget about it.
U.S. authorities met a few weeks ago with the owners of Maersk to discuss this very scenario and were politely told to “fuck off.” It seems that the Maersk folks would have to pay more insurance if they put armed personnel on board their ships to prevent hijackings. They have concluded that they are better off paying ransom.
The U.S. is not in a good position in terms of naval assets in the area for cobbling together a quick military response. I am told by a knowledgeable source that a U.S. naval vessel cannot be on scene until late Thursday morning (edt). And when it arrives it is not carrying a Navy SEAL assault team capable of retaking the ship. There is some good news, however. There are only four pirates holding a crew of 20. Mother nature takes over at some point–everyone needs to sleep, eat, shit and piss. There always is the possibility the crew can take matters into its hands and retake the ship (and there are now reports that may be happening).
Those are the realities. But there is another reality. American citizens are being held hostage. Jimmy Carter anyone? The good news for Barack Obama is that the pirates do not have ready access to TV cameras and will not be parading blindfolded, helpless crew members before a hungry press. However, the story of Americans being held hostage will linger. If (or when) they are finally ransomed then this will add to the perception that America is surrendering to pirates and terrorists. The White House will talk tough and maybe (probably?) the media will burnish Obama’s image as a tough guy. But military action of any type is unlikely. What happens when the pirates speed away with bags of cash? At that point President Obama risks becoming just another French surrender monkey.
Did I mention weather? I also have been told that the season of calmer seas has come to the region off the coast of Somalia and Kenya and we should expect more such attacks. This problem is not going away. What remains to be seen is what kind of policy response the Obama team will put together. I suspect it will be muddled and feckless until an American is killed. At that point the damage to Obama’s reputation will be done.
So what should be done. Let’s deal with the immediate problem first. Freeing the ship and crew. I do not give a damn what the company wants to do, piracy is a violation of international law. We cannot and should not just look the other way. We should string out negotiations and move a SEAL assault team to the site. One thing should be clear, however, NO RANSOM.
Here’s the international law, Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation states:
Article 3
1. Any person commits an offence if that person unlawfully and intentionally:
(a) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation; or
(b) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; or
(c) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship; or
(d) places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship; or
(e) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if any such act is likely to endanger the safe navigation of a ship; or
(f) communicates information which he knows to be false, thereby endangering the safe navigation of a ship; or
(g) injures or kills any person, in connection with the commission or the attempted commission of any of the offences set forth in subparagraphs (a) to (f).
2. Any person also commits an offence if that person:
(a) attempts to commit any of the offences set forth in paragraph 1; or
(b) abets the commission of any of the offences set forth in paragraph 1 perpetrated by any person or is otherwise an accomplice of a person who commits such an offence; or
(c) threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in paragraph 1, subparagraphs (b), (c) and (e), if that threat is likely to endanger the safe navigation of the ship in question.
Article 4
1. This Convention applies if the ship is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single State, or the lateral limits of its territorial sea with adjacent States.
2. In cases where the Convention does not apply pursuant to paragraph 1, it nevertheless applies when the offender or the alleged offender is found in the territory of a State Party other than the State referred to in paragraph 1.
Article 5
Each State Party shall mkae the offences set forth in article 3 punishable by appropriate penalties which take into account the grave nature of those offences.
Article 6
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 when the offence is committed:
(a) against or on board a ship flying the flag of the State at the time the offence is committed; or
(b) in the territory of that State, including its territorial sea; or
(c) by a national of that State.
2. A State Party may also establish its jurisdiction over any such offence when:
(a) it is committed by a stateless person whose habitual residence is in that State; or
(b) during its commission a national of that State is seized, threatened, injured or killed; or
(c) it is committed in an attempt to compel that State to do or abstain from doing any act.
The pirates are breaking the law. The notion that no one can prosecute these jokers is ridiculous and ignorant. The people carrying out these attacks should be killed or, if captured, tried and imprisoned. Do nothing or paying protection money is a recipe for escalating violence and a culture of weakness.
We also need to put together a coordinated international naval escort operation. The U.S. 5th Fleet is not large enough to take on the mission alone. The rules of engagement need to be clearly spelled out–boats approaching ships without permission will be fired on. Individuals who attempt or carry out acts of piracy will be killed or apprehended and prosecuted.
In fairness to Obama, George W. Bush would be in the exact same position if this ship had been taken under his watch. But W ain’t President no more. This turd is in Obama’s punch bowl. We will see what Barack does to confront piracy. My bet? Not much.
by Ronald Scott
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