Somalia Pirates Problem

Japan destroyers set sail on anti-piracy mission
TOKYO, Japan (CNN) -- Two Japanese destroyers set sail Saturday on an anti-piracy mission off Somalia, the Japanese defense ministry said, marking the first policing action for the country's Maritime Self-Defense Force.

Because of restrictions in Japan's constitution, the nation's military is limited to a "self-defense" role.
The Japanese Cabinet approved the mission Friday. The MSDF's major overseas missions have focused on background support, such as transport and refueling, Japan's Kyodo news agency said.
MSDF members aboard the destroyers may fire warning shots if they encounter pirates. However, under Japanese law they are not allowed to harm the pirates except in self-defense, Kyodo reported.

The Japanese government submitted an anti-piracy bill to the Diet, Japan's parliament, on Friday which would provide the MSDF more latitude against pirates. It would allow the MSDF to fire on boats that close in on commercial ships after repeated warnings, Kyodo reported.

The bill would also enable the MSDF to protect any ship, including those without a Japanese connection -- a provision government officials say is needed to fulfill Japan's international obligations, Kyodo said.

Japan Coast Guard officers are aboard the destroyers to process judicial matters, including collecting evidence and handling suspects, in the event that the vessels encounter pirates, Kyodo reported.
The move comes after Somali pirates released a Japanese-owned vessel that was hijacked in the pirate-infested Gulf of Aden in November, according to a nongovernmental group that monitors piracy. The ship was released last month.

Roughly 400 MSDF personnel and eight coast guard officers are aboard the two destroyers, each of which carry two SH-60K patrol helicopters and two speedboats, officials told Kyodo.
The 4,650-ton Sazanami and 4,550-ton Samidare destroyers left their base in the southern port city of Kure after a ceremony attended by Prime Minister Taro Aso and Defense Minister Yasukazu Hamada, Kyodo reported.
Once the destroyers reach the Gulf of Aden in two to three weeks, they will escort vessels linked to Japan, such as Japanese-registered ships, vessels with Japanese nationals or cargo on board, or ships operated by Japanese shipping firms, Kyodo said.

The waters off Somalia have become a pirate hotspot in recent years, with more than 40 vessels hijacked in 2008 alone, according to the International Maritime Bureau. This has prompted a number of countries to send warships to the region in an effort to combat the problem.

My comment

In this news, there are three dimensions to discuss.
Somalia：
1. The piracy problem is particularly acute with Somalia because it lacks an effective criminal justice system
2. Out of the 238 suspected pirates investigated by navies operating off Somalia, barely half were sent for prosecution. Most of them were released.
Japan：
1. Japanese constitution does not allow its warship to attack others and only on “self-defense” can warships to attack the pirates.
2. Japanese government are concerned with there international business on sea transportation.

Western countries：
In a bid to tackle the apparent impunity with which pirates can operate, the US and the EU have both concluded deals with Somalia's neighbour Kenya to send pirates for prosecution there.
But is using Kenya as the first choice jurisdiction for prosecuting Somali pirates a viable long-term solution? I think it is not a feasible or long-term method.

Those Somalia’s resident live in poor living standard and this cause them to become pirate and attack foreign ships in search for resource. To certain extent, I do not want to blame them or called them as criminals.

In the end, everybody agrees that the long-term solution to piracy off Somalia is an effective government in Somalia with a well-resourced coast guard and a functional justice system.