2009/1/26The Japanese government has decided to send Maritime Self-Defense Force ships to protect Japanese commercial vessels from increasing pirate attacks in the Gulf of Aden off Somalia in Africa. The government will finalize its decision in the coming week, and if things go quickly, MSDF ships will set sail for the area in March.
There are already naval vessels off Somalia representing about 20 countries including some from Europe, the United States and China escorting freighters and tankers. However, piracy has increased. Including failed attempts, one such incident takes place every other day.
The Gulf of Aden is a crucial conduit that connects Asia and Europe.
The assault on shipping by pirates based in Somalia, an anarchic failed state, was so unexpected that all nations are having a hard time dealing with the situation. Japan, with an average of six Japanese vessels sailing through the area a day, cannot stand by and do nothing.
Piracy is a crime and falls under the jurisdiction of the Japan Coast Guard. However, as a practical matter, it would be extremely difficult for the Coast Guard, with its limited equipment and resources, to deploy so far away over extended periods to the Gulf of Aden.
Moreover, protecting vessels from pirate attacks does not constitute the use of force abroad that is forbidden by the Constitution. The United Nations Security Council has issued a resolution calling for international cooperation to deal with the problem.
Considering the gravity of the situation, dispatching MSDF escort vessels is a justified move.
However, the "maritime policing provision" of the Self-Defense Forces Law, which is the legal basis of the planned MSDF dispatch, was originally created with Japanese territorial waters and its vicinities in mind.
It should not be forgotten that sending the MSDF off to Somalia is an exceptional measure.
Apparently, the government is considering a plan to prevent pirate attacks by having Japanese commercial ships form convoys which will be escorted by the MSDF. The government does not intend for the MSDF to actively patrol the waters.
Under the government plan, maritime safety officials, who have the judicial authority to interrogate and administer other legal measures, will be aboard MSDF ships to deal with arrested pirates.
If MSDF activities are restricted to the maritime policing provision, then the MSDF is authorized to act only to protect Japanese lives and goods; it cannot protect or rescue foreign ships.
The MSDF is being dispatched without resolving numerous issues, including how much force it can use in response to a pirate attack. To undertake this endeavor properly, there should be specific legislation authorizing the MSDF to crack down on the pirates, establishing clearly what the MSDF can and cannot do before escort ships are actually dispatched.
The government is preparing such legislation for the regular Diet session. There are numerous challenges, but we urge the government to base it on the police execution of duties law that limits the use of arms to self-defense and emergency escape, and apply it so that the MSDF would be able to effectively crack down on the pirates.
Providing merchant shipping with armed escorts is only a stopgap measure. In order to eradicate pirates, a workable government and a stable society must be created in Somalia so that it can fight the pirates itself. It is also important for neighboring countries like Yemen to reinforce their coastal patrols.
In this sense also, international efforts will be necessary to swiftly put an end to the cat-mouse-game with this bizarre phenomenon--"21st century pirates."
--The Asahi Shimbun, Jan. 24(IHT/Asahi: January 26,2009)
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