Identifier
Created
Classification
Origin
08BRUSSELS1937
2008-12-22 06:20:00
CONFIDENTIAL
USEU Brussels
Cable title:
EU LAUNCHES ANTI-PIRACY OPERATION DESPITE
how-toVZCZCXRO1970 PP RUEHAG RUEHROV RUEHSR DE RUEHBS #1937/01 3570620 ZNY CCCCC ZZH P 220620Z DEC 08 FM USEU BRUSSELS TO RUEHC/SECSTATE WASHDC PRIORITY INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY RUEHAK/AMEMBASSY ANKARA PRIORITY RUEHSW/AMEMBASSY BERN PRIORITY RUEHDJ/AMEMBASSY DJIBOUTI PRIORITY RUEHKL/AMEMBASSY KUALA LUMPUR PRIORITY RUEHKV/AMEMBASSY KYIV PRIORITY RUEHMO/AMEMBASSY MOSCOW PRIORITY RUEHNR/AMEMBASSY NAIROBI PRIORITY RUEHOT/AMEMBASSY OTTAWA PRIORITY RUEHRH/AMEMBASSY RIYADH PRIORITY RUEHYN/AMEMBASSY SANAA PRIORITY RUEHUL/AMEMBASSY SEOUL PRIORITY RUEHSQ/AMEMBASSY SKOPJE PRIORITY RUEHKO/AMEMBASSY TOKYO PRIORITY RULSJGA/COMDT COGARD WASHDC PRIORITY RHMFISS/CDR USEUCOM ALT SHAPE BE PRIORITY RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY RUEPGBA/CDR USEUCOM INTEL VAIHINGEN GE PRIORITY RXFPSH/SHAPE SHAPE BE PRIORITY RHMFISS/CDR USEUCOM LIAISON CELL SHAPE BE PRIORITY RUEATRS/DEPT OF TREASURY WASHDC PRIORITY RUCBACM/CDR USJFCOM NORFOLK VA PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY RHEFDHN/DIA DH WASHINGTON DC PRIORITY RUEAIIA/CIA WASHINGTON DC PRIORITY RHEFNGA/CDR NGIC CHARLOTTESVILLE VA PRIORITY RHMFISS/CDR USSOCOM MACDILL AFB FL PRIORITY RUEKJCS/CJCS WASHINGTON DC PRIORITY RUEKJCS/DOD WASHDC PRIORITY RUDKSR/EUCOM PLANS AND ANALYSIS STAFF STUTTGART GE PRIORITY RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY RHMFISS/CDR USCENTCOM MACDILL AFB FL PRIORITY RUEWMFC/HQ USAFRICOM STUTTGART GE PRIORITY RUEHNO/USMISSION USNATO PRIORITY RUCNDT/USMISSION USUN NEW YORK PRIORITY RUENAAA/CNO WASHDC
C O N F I D E N T I A L SECTION 01 OF 03 BRUSSELS 001937
SIPDIS
DEPARTMENT EUR/ERA FOR NATHANIEL DEAN, EUR/RPM FOR PETER
CHISHOLM, EEB FOR DORIS HAYWOOD, PM/ISO FOR SCOTT BUTCHER,
SCOTT PAGE, PM/PPA FOR DAVID GLANCY, PM FOR JEFFREY
FREDERICK
E.O. 12958: DECL: 12/16/2018
TAGS: PREL MOPS PBTS PHSA PTER XA XW SO EUN
SUBJECT: EU LAUNCHES ANTI-PIRACY OPERATION DESPITE
UNRESOLVED LEGAL ISSUES
REF: USEU BRUSSELS 1745
Classified By: Pol M-C Chris Davis for reasons 1.4 (b) and (d).
C O N F I D E N T I A L SECTION 01 OF 03 BRUSSELS 001937
SIPDIS
DEPARTMENT EUR/ERA FOR NATHANIEL DEAN, EUR/RPM FOR PETER
CHISHOLM, EEB FOR DORIS HAYWOOD, PM/ISO FOR SCOTT BUTCHER,
SCOTT PAGE, PM/PPA FOR DAVID GLANCY, PM FOR JEFFREY
FREDERICK
E.O. 12958: DECL: 12/16/2018
TAGS: PREL MOPS PBTS PHSA PTER XA XW SO EUN
SUBJECT: EU LAUNCHES ANTI-PIRACY OPERATION DESPITE
UNRESOLVED LEGAL ISSUES
REF: USEU BRUSSELS 1745
Classified By: Pol M-C Chris Davis for reasons 1.4 (b) and (d).
1. (C//NF) Summary: The EU has launched its counter-piracy
operation ATALANTA and has begun escorts off the coast of
Somalia. USEU contacts suggest the force will comprise four
to five ships on station throughout the year, plus three
maritime patrol aircraft and supply ship support. While ten
third countries were reportedly considering contributions to
the operation, only Switzerland has volunteered to contribute
special operations forces. At the request of Member States,
the operation's rules of engagement are quite robust,
allowing for forced boarding, the use of force in
self-defense and rescue of pirate victims and opposed
boarding. A number of legal issues remain unresolved,
however, including operating in territorial waters, status of
forces agreements, embarking armed personnel aboard merchant
vessels, and what to do with pesons under control. End
Summary.
Operational Details
2. (C/NF) According to Atalanta's Operational Plan the
minimum number of ships required in the AOR is three. Didier
Lenoir, Head of the Operations and Exercises Unit in the EU
Council Secretariat's DG E VIII, told PolOff on December 10
that the operation would consist of four to five frigates and
three maritime patrol aircraft on an almost permanent basis.
A supply ship would also be assured throughout the year,
although supply ships would come and go as necessary.
3. (C//NF) Lenoir said that ten third countries were
considering contributions to ATALANTA, and he drew our
attention to a third-country force generation conference,
which was subsequently held in Northwood, UK on December 16.
At our December 10 meeting, Lenoir hinted that Japan was the
most likely third country contributor; however, the Japanese
mission's Yuji Yamamoto told PolOff on December 12 that Japan
had not made any firm decisions about participation.
Yamamoto said the EU was then proposing to incorporate
Japanese medics, for instance; however,Tokyo was not making
any promises. On December 18, Canadian PolOff Catherine
Boucher, who attended the force generation conference, told
PolOff that only Switzerland had offered forces, namely
special operations forces; she questioned whether the Swiss
had proper training for maritime operations. Canada, she
BRUSSELS 00001937 002 OF 003
said, was not currently planning to offer a ship, although
she said it was not necessarily ruled out. In addition to
seeking force contributions, the Secretariat's Lenoir on
December 10 also said the EU was trying to coordinate with
Russia and Saudi Arabia, short of official participation.
4. (C//NF) The agreed upon Rules of Engagement for ATALANTA
are detailed, robust and address the detention of persons and
the use of force as the EU's maritime operation evolves. The
detention of persons is contemplated, although the ROE also
notes,"Identification of the legal framework for enaction of
this ROE and exact procedure to follow will be promulgated
under separate cover," likely a reference to the
not-yet-finalized arrangements with third countries in the
region. The use of force to rescue pirate victims is
approved by the flag state and Operations Commander;
however,approval by national authorities is not necessary.
Additionally, the use of disabling fire and opposed boarding
(when armed resistance is expected) can be authorized by the
Operations Commander, although the Operations Plan does not
specify the tools available for opposed boarding operations.
Legalities Still Unresolved
5. (C) Council Secretariat and Member State contacts stress
that the legalities of the anti-piracy mission are not
entirely resolved. Lenoir described four problem areas:the
authorization to enter states' territorial waters, status of
forces agreements (SOFAs),embarking armed personnel on
merchant ships, and dealing with persons under control
(PUCs). On territorial waters, the EU has secured agreements
from KENYA and Djibouti to pursue pirates in their waters,
and would do so in Somali waters under the authority of UN
resolutions. Lenoir said Yemen was reluctant to allow the EU
to operate in its territorial waters, insisting on its own
sovereign responsibility. As for SOFAs, Lenoir lamented that
EU lawyers were insisting on agreements with every country
where the EU would place even one military official, but said
that agreements with KENYA and Djibouti were almost complete.
As for embarking personnel on merchant vessels, Lenoir said
the EU would need waivers of responsibility from the ship
owners as well as from the flag state, agreements that would
probably have to be negotiated by Member States individually.
Member States are still discussing this issue in committee.
6. (C//NF) Lenoir admitted that the issue of PUCs is one of
BRUSSELS 00001937 003 OF 003
the most difficult. Member States are seeking an EU
framework, but this would be difficult because of
jurisdiction issues and EU concerns about human rights
conditions in states that receive captured pirates. He
described two possible options. In the first, Member States
would take jurisdiction over the pirates their forces
captured. Not all Member States are keen on this idea,
especially since some no longer have piracy laws. Sweden and
the Netherlands indicated to USEU on December 18 that they
would probably have to prosecute captured pirates in their
national court systems, rather than hand them over to
regional states. The second option Lenoir described would be
to deliver PUCs to coastal states, but he said this would
require a transfer of jurisdiction agreement with those
states and some guarantee of human rights standards. When
PolOff suggested calling on the UN convention on the
Suppression of Unlawful Acts Against the Safety of Maritime
Navigation, Lenoir insisted that the receiving state would
have to have existing legal procedures for prosecuting
pirates, something Djibouti, for instance, has only for its
territorial waters, not the high seas. (Comment: USEU cannot
verify this description of Djibouti's anti-piracy laws. End
Comment.) The Spanish mission's Jose Gomez Acebo, speaking
frankly, told PolOff that a common EU solution to the PUC
issue is "not going to happen" and that individual Member
States would have to decide how to deal with captured
pirates. UK First Secretary Duncan McCombie, on the other
hand, told PolOff on December 16 that the UK had already
secured a bilateral agreement with KENYA that allows the UK
to deliver pirates to the Kenyan Goernment. London is now
working to expand the agreement to allow other ATALANTA
contributors to hand pirates over to Kenya. Lamenting that
the French government seemed to be more concerned with the
political victory of launching the operation under the French
EU Presidency than with sorting out the legalities, he
acknowledged that Paris is now pursuing an agreement with
Djibouti. USEU understands from other Member State contacts
that the EU is also pursuing an agreement with Tanzania.
SILVERBERG
.
SIPDIS
DEPARTMENT EUR/ERA FOR NATHANIEL DEAN, EUR/RPM FOR PETER
CHISHOLM, EEB FOR DORIS HAYWOOD, PM/ISO FOR SCOTT BUTCHER,
SCOTT PAGE, PM/PPA FOR DAVID GLANCY, PM FOR JEFFREY
FREDERICK
E.O. 12958: DECL: 12/16/2018
TAGS: PREL MOPS PBTS PHSA PTER XA XW SO EUN
SUBJECT: EU LAUNCHES ANTI-PIRACY OPERATION DESPITE
UNRESOLVED LEGAL ISSUES
REF: USEU BRUSSELS 1745
Classified By: Pol M-C Chris Davis for reasons 1.4 (b) and (d).
1. (C//NF) Summary: The EU has launched its counter-piracy
operation ATALANTA and has begun escorts off the coast of
Somalia. USEU contacts suggest the force will comprise four
to five ships on station throughout the year, plus three
maritime patrol aircraft and supply ship support. While ten
third countries were reportedly considering contributions to
the operation, only Switzerland has volunteered to contribute
special operations forces. At the request of Member States,
the operation's rules of engagement are quite robust,
allowing for forced boarding, the use of force in
self-defense and rescue of pirate victims and opposed
boarding. A number of legal issues remain unresolved,
however, including operating in territorial waters, status of
forces agreements, embarking armed personnel aboard merchant
vessels, and what to do with pesons under control. End
Summary.
Operational Details
2. (C/NF) According to Atalanta's Operational Plan the
minimum number of ships required in the AOR is three. Didier
Lenoir, Head of the Operations and Exercises Unit in the EU
Council Secretariat's DG E VIII, told PolOff on December 10
that the operation would consist of four to five frigates and
three maritime patrol aircraft on an almost permanent basis.
A supply ship would also be assured throughout the year,
although supply ships would come and go as necessary.
3. (C//NF) Lenoir said that ten third countries were
considering contributions to ATALANTA, and he drew our
attention to a third-country force generation conference,
which was subsequently held in Northwood, UK on December 16.
At our December 10 meeting, Lenoir hinted that Japan was the
most likely third country contributor; however, the Japanese
mission's Yuji Yamamoto told PolOff on December 12 that Japan
had not made any firm decisions about participation.
Yamamoto said the EU was then proposing to incorporate
Japanese medics, for instance; however,Tokyo was not making
any promises. On December 18, Canadian PolOff Catherine
Boucher, who attended the force generation conference, told
PolOff that only Switzerland had offered forces, namely
special operations forces; she questioned whether the Swiss
had proper training for maritime operations. Canada, she
BRUSSELS 00001937 002 OF 003
said, was not currently planning to offer a ship, although
she said it was not necessarily ruled out. In addition to
seeking force contributions, the Secretariat's Lenoir on
December 10 also said the EU was trying to coordinate with
Russia and Saudi Arabia, short of official participation.
4. (C//NF) The agreed upon Rules of Engagement for ATALANTA
are detailed, robust and address the detention of persons and
the use of force as the EU's maritime operation evolves. The
detention of persons is contemplated, although the ROE also
notes,"Identification of the legal framework for enaction of
this ROE and exact procedure to follow will be promulgated
under separate cover," likely a reference to the
not-yet-finalized arrangements with third countries in the
region. The use of force to rescue pirate victims is
approved by the flag state and Operations Commander;
however,approval by national authorities is not necessary.
Additionally, the use of disabling fire and opposed boarding
(when armed resistance is expected) can be authorized by the
Operations Commander, although the Operations Plan does not
specify the tools available for opposed boarding operations.
Legalities Still Unresolved
5. (C) Council Secretariat and Member State contacts stress
that the legalities of the anti-piracy mission are not
entirely resolved. Lenoir described four problem areas:the
authorization to enter states' territorial waters, status of
forces agreements (SOFAs),embarking armed personnel on
merchant ships, and dealing with persons under control
(PUCs). On territorial waters, the EU has secured agreements
from KENYA and Djibouti to pursue pirates in their waters,
and would do so in Somali waters under the authority of UN
resolutions. Lenoir said Yemen was reluctant to allow the EU
to operate in its territorial waters, insisting on its own
sovereign responsibility. As for SOFAs, Lenoir lamented that
EU lawyers were insisting on agreements with every country
where the EU would place even one military official, but said
that agreements with KENYA and Djibouti were almost complete.
As for embarking personnel on merchant vessels, Lenoir said
the EU would need waivers of responsibility from the ship
owners as well as from the flag state, agreements that would
probably have to be negotiated by Member States individually.
Member States are still discussing this issue in committee.
6. (C//NF) Lenoir admitted that the issue of PUCs is one of
BRUSSELS 00001937 003 OF 003
the most difficult. Member States are seeking an EU
framework, but this would be difficult because of
jurisdiction issues and EU concerns about human rights
conditions in states that receive captured pirates. He
described two possible options. In the first, Member States
would take jurisdiction over the pirates their forces
captured. Not all Member States are keen on this idea,
especially since some no longer have piracy laws. Sweden and
the Netherlands indicated to USEU on December 18 that they
would probably have to prosecute captured pirates in their
national court systems, rather than hand them over to
regional states. The second option Lenoir described would be
to deliver PUCs to coastal states, but he said this would
require a transfer of jurisdiction agreement with those
states and some guarantee of human rights standards. When
PolOff suggested calling on the UN convention on the
Suppression of Unlawful Acts Against the Safety of Maritime
Navigation, Lenoir insisted that the receiving state would
have to have existing legal procedures for prosecuting
pirates, something Djibouti, for instance, has only for its
territorial waters, not the high seas. (Comment: USEU cannot
verify this description of Djibouti's anti-piracy laws. End
Comment.) The Spanish mission's Jose Gomez Acebo, speaking
frankly, told PolOff that a common EU solution to the PUC
issue is "not going to happen" and that individual Member
States would have to decide how to deal with captured
pirates. UK First Secretary Duncan McCombie, on the other
hand, told PolOff on December 16 that the UK had already
secured a bilateral agreement with KENYA that allows the UK
to deliver pirates to the Kenyan Goernment. London is now
working to expand the agreement to allow other ATALANTA
contributors to hand pirates over to Kenya. Lamenting that
the French government seemed to be more concerned with the
political victory of launching the operation under the French
EU Presidency than with sorting out the legalities, he
acknowledged that Paris is now pursuing an agreement with
Djibouti. USEU understands from other Member State contacts
that the EU is also pursuing an agreement with Tanzania.
SILVERBERG
.