Two Americans have been kidnapped off an oil supply vessel off of Nigeria by local pirates, according to breaking new accounts.
Nigeria, like many nations, has been making it difficult for private security contractors to work off its shores. For example, it has recently arrested 15 Russian sailors from a ship operated by a security company, and held them for a year before dropping charges. Such nations do not like private security because, I gather, they would rather force oil companies and shippers to pay for their state-provided security monopoly.
India has in recent weeks arrested a ship operated by a U.S. based security company, and is holding the crew on weapons charges. India in turn is probably particularly jumpy about these things because of the Italian Marines who accidentally killed some Indian sailors thinking they were pirates, leading to an ongoing conflict between the two countries. Of course, this underscores that private contractors certainly do not have a monopoly on excessive use of force.
However, countries have a duty to repress piracy, codified in Art. 100 of the United Nations Convention on the Law of the Sea. Private security is the most effective measure against piracy: i for example, no ship with private security has been successfully hijacked in the entire Somali pirate epidemic. Thus I would argue that nations that make it difficult for private security to operate are in breach of their duty under international law, not that that amounts to much.
There will doubtless be speculation about a “Captain Phillips”-style dramatic rescue. If the hostages have been take back to Nigeria, I hope Abuja does not raise difficulties about American assistance in a rescue, as there own efforts will likely result in a bloody mess.
[Updated w/minor correction.]Via: http://www.volokh.com/
