THE FIGHT AGAINST MARITIME PIRACY : Possibilities of application of private security organizations off the coast of Somalia under national and international regulation

Abstract: Ever since the fall of the Somali government in 1991, the country has been in the state of civil war and in some regions total lawlessness. The creation of different, smaller, autonomous regions has led to fragmentation of the country as a whole and some districts seem to in fact claim sovereignty over their respective territories. While the country has been practically left to fend for itself, politicians, warlords and local clans were fast to proclaim parts of the country as independent regions. Moreover the infrastructure, industries, healthcare and the “gears of country`s machinery” were falling apart along with people who did not have much to start with. Most of the institutions have been disbanded and hopes of a normal future suddenly became very distant for the people of Somalia. Coupled with constantly ongoing armed conflicts within the nation made it even more difficult for the country`s poor. There are few theories as to why piracy had this sudden upspring off the coast of Somalia. One of which is as commonly known that foreign fishing fleets were depleting the Somali fishing stocks, while also pushing the local fishermen away from their usual grounds. Coupled with toxic waste dumping in the territorial and EEZ waters made fishermen to start to arm themselves. There is also a theory that, since Somali weapons embargo, the prices had risen, thus local clans needed more capital in order to fund wars, subsequently creating piracy. After the fall of the government, Somali ex-navy members returned to their clans and later on used their knowledge and skills in order to conduct their operations. The international community through UN and with independent efforts, acting under chapter VII of the UN Charter, has begun to tackle the problem, however with varying effects. Meanwhile the massive release of military personnel and equipment after the end of cold war has led to an immerse rise of another industry, namely the one of private security which is now actively lobbying to provide its services both on land in Somalia as well as to the shipping industry that has been suffering greatly due to piracy.