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How do we respond to an enemy who has no fixed address, no recognizable uniform? There is no obvious hierarchy, no one in particular is giving orders. Their appearances vary. Like water changing to steam or freezing, the members of a single group may look different one from the other. Or they may be hard to tell from the ordinary civilian population. When Hezbullah took over civilian homes in southern Lebanon from which to bombard Israel, they dressed in casual civilian clothes, so they could easily fade into their surround.
In the United States, there's the lone-wolf killer. The FBI swears the loner awoke one morning with what Daniel Pipes calls Sudden Jihad Syndrome. We are told there is absolutely no connection between him and any other lone-wolf or terror group. He is just deranged or he is responding to how badly society has treated him. The Press routinely ignores that these loners do seem to have some commonalities. They are usually born Muslim or are recent converts to Islam. They have a history of frequenting mosques run by rabid mullahs who have ranted on and on about the importance of making Islam supreme in the world. They often yell allah akbar as they commit murder -- a fact seldom reported in the news. They seemed to have more money than they could have earned. Or they had no money but yet take trips to the Middle East and Far East. They seem more clever than the media in understanding that 'Islam is a peaceful religion' actually means its opposite. Islam sanctions violence. Islam gives meaning to their warped lives. To date, we have been lucky. In most cases little damage has been done by the loners and they have been quickly apprehended.
There are two places infested by terrorists with inadequate identification where damage control is more difficult. One is in Israel. The other is on the high seas. They are the subject of this essay.
In Israel, the loner Arab climbs onto a tractor and mows down civilians, shoots families -- including babies and toddlers -- asleep in their beds, snipes at passing cars or knifes his boss, who has been a friend to him for years. His major targets are areas of religious or historic significance: Hebron and the rest of Biblical Israel, and Jerusalem. The accepted excuse isn't that the terrorist is crazy or environmentally bruised but that he's revenging some injury or other, so it's all Israel's fault.
On the water -- the Somali pirates are a dreaded example -- it's not a single person, but a small group. Multiply the number of these small groups, and it's amazing how much damage they can cause to commercial shipping and recreational boating. It is a puzzling fact that unlike the Arab terrorist in Israel and the Lone Wolf Muslim terrorist in the West, the Somali pirates attract few groupies. The news media have yet to provide us with heart-rendering reasons why the pirates are forced to do what they do.
The problem of dealing with an enemy that wears no distinguishable clothes or weaponry is difficult enough in asymmetrical warfare -- when the Civil Authority is forced to fight against a guerilla group or one or more lone terrorists or a rush of unknown attackers. It is even more difficult when the potential victim, a civilian, has to face the difficult-to-identify terrorist with inadequate resources because, for one reason or another, his government is reluctant to deal effectively with the problem.
The Somali Pirates and the Arab murderers of Israeli men, women and children have in common that they only appear to be unconnected independents. In point of fact, they are sponsored, trained, equipped and payed by organizations: states such as Iran; terrorist groups such as Fatah or Hamas who have been given governing authority; or by powerful groups and government officials in dysfunctional entities such as Somalia.
J. Peter Pham (see here) has pointed out that
"[w]hile it is wealthy Somali businessmen who provide the operating capital necessary to acquire and outfit the pirate 'mother ships' and skiffs and to recruit and arm their crews and, ultimately, reap the largest share of the ransoms paid enough of cash flows to the rest of society to obtain widespread social buy-in. [...] Subcontractors ranging from the elders of local clans who permit the pirates to operate in their territory or to bring the vessels they capture there to the gunmen guarding the hijacked ships, caterers serving food to captors and prisoners alike, and even prostitutes providing assorted services while the ransoms are being negotiated also get a cut of the proceeds, as do corrupt government officials and even Islamist insurgents."
The Arab loners or small bunch who come to murder civilians are also trained and equipped. And they have the wholehearted support of their family and the local community. The Palestinian Authority (PA) names streets after them and teaches the children to emulate them.[1] The PA even spends millions of dollars in monthly payments to Hamas prisoners in Israeli jails. Recall that the PA and Hamas are supposed to hate each other so much they kill each other's ground troops. They do kill each other. But they also cooperate. So if the USA gives funds to the PA, and the PA gives funds to Hamas people, then we in the States are supporting Hamas.[2]
The quandary is that we haven't developed good ways of fighting the culprits managing the terrorists. We don't have good ways of fighting the instigating governments and virtual governments and religious clerics, because they do not declare war in a traditional way. They don't put their country on a war-footing and mobilize the troops. They do not directly control the sequence of processes and events between policy making and implementation.
If we can't readily identify the instigators -- or perhaps accuse would be more accurate -- how do we deal effectively with the unpredictable, the seemingly random act of terror? We don't know when it's coming. Or when.
States insist they, and not individual citizens, be the ones to protect their citizens. They have the legitimate power. But often they are not eager to use their power. The situation may be complex because a proper response would involve international agencies or other countries. A State may be reluctant because the regime in power disapproves of the particular citizens in need of protection. The State may not have the resources. It may not want to open a can of worms. Israel, for example, is reluctant to act against Arab terrorists shielded by "world opinion"; they know they will need to face yet another hasty, unfair and time-wasting resolution by the UN blaming Israel and ignoring the terror. For many reasons, denying there's a serious problem or letting it age slowly in committee is easier than dealing with it.
So for many reasons, the State may do a poor job protecting the citizen at the INSTANT he needs help. Avenging his death afterwards doesn't bring him back to life.
When a State is incapable of protect its citizens engaged in legitimate business, it would seem logical that it encourage the citizen to help protect himself. It doesn't work that way. Partly, it's because States fear the chaos of vigilantism. But vigilantes usually don't operate during an attack. They act after the fact to prevent future acts of violence or to punish a guilty person who's escaped punishment. And there have indeed been cases where a vigilante mob hung the wrong man. But does vigilantism apply when a boat captain sees a fast boat heading right at him? If he warns the boat off and it keeps coming, is there any way he could be identifying the wrong boat?
On the high seas, where order is maintained by ships authorized by local countries or multinational organizations, yachts and freighters may not be well protected. When not actually forbidden to protect themselves when attacked, they are hamstrung by well-intentioned but unrealistic rules and regulations that restrict their weaponry and weaken their ability to respond in a timely fashion.
On the face of it the armed ships of the some 20 nations that patrol the gulf of Aden and Western Indian Ocean to thwart piracy have all the advantages. But the pirates of Tunisia and Somalia have no problems circumventing them, as J. Peter Pham points out in his article in this Section.[3]
In 2010, while attacks in the Gulf of Aden dropped off by more than 50 percent due to the naval patrols and better security measures by commercial vessels, overall the number of attacks by Somali pirates increased and a total of 49 vessels being successfully hijacked. The marauders seem to be more than on their way to besting these figures with more than a dozen seizures so far this year. According to the most recent report by the European Union Naval Force (EU NAVFOR), Somali pirates currently hold 32 hijacked ships and an estimated 692 hostages, not counting "an unknown number of unconfirmed dhows and smaller vessels."
"SELF-DEFENSE" does not appear in the 202 pages of "United Nations Convention on the Law of the Sea" (UNCLOS) of Dec 10, 1982 produced by the U.N. Division for Ocean Affairs and the Law of the Sea. It was last updated July 21, 2010.[4]
There is a section "Piracy Under International Law" updated September 9, 2010.[5] It defines piracy -- it's just what you think it is -- and it tells us: "The General Assembly has also repeatedly encouraged States to cooperate to address piracy and armed robbery at sea in its resolutions on oceans and the law of the sea." Gee. That's helpful.
American merchant ships have traditionally been armed[6]
provided the arms were few in number and gun caliber was no more
than 6 inches. And they weren't allowed much ammunition. Moreover,
within another country's territorial waters, American law doesn't apply.
The National Rifle Association has encouraged training merchant mariners
to defend themselves.[7] But the International Maritime Organization
(IMO) Maritime Safety Committee (MSC) continued to discourage carrying
firearms for personal protection because it could escalate an already
dangerous situation![8] As if the pirates were salivating over the
prospects of seizing some personal weaponry. As if they themselves
didn't already have superior heavy armament. And just a few weeks ago,
The Coast Guard recognizes the need for carrying arms especially when
attacked by pirates off the coast of Somalia, but "deadly force may only
be employed when lesser means have failed or are not reasonably
available ..." and so on and so forth, and the crew is subject to
prosecution.[10] So the crew needs always to decide which is worse:
being hijacked or doing the paper work entailed by defending themselves.
The amount of paperwork in itself becomes a deterrent to mounting an
effective response to piracy. On the other hand, the pirates have speed
and superior weaponry. They are ruthless. They don't worry about
justifying their actions in the future.
A good way to protect Israeli citizens living in towns in Samaria and
Judea is by manning a nearby hilltop outpost that is on the alert for
sneak attacks by Arabs. In Israel, most Jews have been in the army and
have been taught how to fire a gun carefully. The young idealistic
hilltop settlers[11] are no exception. They put up ramshackle housing or
live in trailers or in caves. They can be an early warning system to
protect the settled towns and villages. They are also determined to hold
the land that is rightfully Jewish by international law, by history, by
Bible and by conquest.
Two
hilltop youth take time out from building to study an ancient holy text
inside the cave at the Shvut Ami outpost, Samaria. The cave has since
been destroyed by the Israeli army in the hopes that these kids would
give up and leave. They stay. (Photo: Shomrom Central Blog).
But there's an interesting wrinkle when it comes to
self-defense by the Hilltop Youth. Over the years, even though some
Israeli parties were elected to abrogate the Oslo Accords and to annex
Samaria and Judea, they all ended up willing to give up some of the land
for a tenuous peace. Under these circumstances, the State naturally
objects to anyone that questions its illegal determination to give away
Jewish land.
As political nonconformists, the Hilltop youth are treated by the
government like irresponsible criminals. At best, they are automatically
considered the guilty party in a dispute with Arabs, even though you
would think they were entitled to defend their property from Arabs
rushing in and throwing stones, using knives, shooting or setting fire
to Jewish orchards. Arabs have no problems acquiring and using weaponry.
On the high seas and in Israel, effective self-help seems a long way
off.
Another similarity between the inadequate
protection of Israeli citizens and the inadequate defense of vessels
in the Indian Ocean is that the punishment hardly ever fits the crime.
Historically, the punishment for piracy was hanging at the yardarm.
But times have changed. As Peter Pham explains:
"[T]o date more than 90 percent of pirates captured are released
quickly with no sanction except perhaps the confiscation of their arms,
even when there is no reasonable innocent explanation for their behavior
when caught in flagrante delicto. [..]
"Whatever else it might be, the 'catch-and-release' approach to
counter-piracy operations is hardly a credible deterrent not that those
the Europeans actually put on trial are much worse off if the five
Somalis who last June became the first defendants convicted in Europe in
modern times of piracy are anything to go by: Judge Jan Willem Klein
Wolterink of Rotterdam sentenced them to a mere five years in prison and
at least one of them is already preparing for his parole by applying for
asylum under Dutch law." The Palestinian Authority routinely libels Israel by claiming it
tortures jailed Arab terrorists with hot irons, drills holes in their
hands, whips them and hangs them by their arms -- these likely are
projections of their own practices. In actuality, in Israel, a jail
sentence for terrorism is often the equivalent of a full scholarship to
college. The prisoner is visited by the Red Cross, he is fed, given
medical care and a comfortable environment and conjugal visits. He can
enroll in accredited college courses. In fact, Al-Hayat Al-Jadida
on Oct. 9, 2010 reported that since 2000, more than 10,000 prisoners
have received university degrees, including the MA and the PhD.[12] One
of them was Sami Kuntar who smashed the head of a 4-year old child into
the rocks in front of her father, then shot him.
This January Somali pirates hijacked a yacht, kidnapped the four
Americans on board and later shot them while negotiations for their
release were going on. Peter Pham's article provides us with
details.[13]
Except that this was a first for American tourists, it was not an
unusual event. Any freighter going within hundreds of miles of the Gulf
of Aden and the coast of Somalia risks being captured and held for
ransom. This has been a major problem for years, yet we haven't devised
a good way to stop it. The U.N. is useless -- in fact, I'm surprised
they haven't nominated Somalia to the Human Rights Council or one of
their other high-toned-sounding worthless groups. Writing indignant
letters doesn't help -- it's not certain they can read. Prudently
staying out of trouble areas isn't the solution because the pirates
change their stalking areas.
Maybe we need an overhaul of our thinking on how to make the seas
safe for ships and shipping. Maybe the problem calls for a direct
response by those at risk rather than relying on inadequate
surveillance by the international community. There are some indications
that we are slowly starting to implement fighting back by ships at
risk of pirate attack. This is from an article by Tom Kovach from AIP
News (18Nov2009), entitled "Maersk Alabama crew repels another pirate
attack - this time they had guns."[14]
"What was the difference? Guns.
"[M]embers of the 'international community' are steadfastly opposed
to having armed guards or crewmembers aboard their vessels. And, events
have provided a telling contrast between the two positions. On Monday,
the chemical tanker Theresa was hijacked and its captain is now dead.
(According to the AP report, the captain was not killed during the
attack, but rather died later of internal injuries. That suggests a
follow-on beating.) On Tuesday, the crew of a Spanish vessel was
released after Somali pirates received a $3.3-million ransom. If I were
a merchant seaman, I'd want to work only on an American vessel -- and
thus live to laugh about 'international opinion'.
The lesson here is simple, but bears repeating. Criminals are predators
that prefer 'soft targets'. Weakness invites predators, and advocating
a policy against self-defense is merely an invitation to such predators.
European shipping companies maintain the position that it is the job of
the naval forces of various countries to protect shipping. But, most
countries have only limited military and naval resources at best. Even
the military and naval forces of the United States are only a fraction
of the size that the used to be before the Democratic downsizing craze
(which started at the end of the Vietnam War, and continues to this
day). Therefore, hoping for a warship to come along and save the day is
a high-seas equivalent of trying to call the police during a home
invasion. That is why many gun-rights advocates refer to '911' as
merely 'government-sponsored dial-a-prayer'.
"Chances are that the surviving crewmembers would never be prosecuted
for defending themselves against a pirate attack. But, even if they
were, a conviction would be unlikely. An old saying applies: 'Better to
be tried by twelve than carried by six.'"
No one has proposed fighting forward, making preemptive
strikes on the pirates. The last article in this Section[15] writes of
one such possibility. It is satire, of course, brilliant satire. But it
does have elements of a practical solution -- preemptive attacks on the
pirates. Is it a grotesque article? Yes. Actually, I find it less
grotesque that the real and grotesque fact that the New York
Times continues to whitewash the Muslim Brotherhood and reassure us
it is moderate.[16] I find it grotesque that our Secretary of State
sees Al-Jazeera -- the voice of the Muslim Brotherhood -- as a model of
effective propaganda for our media to emulate because it offers "real
news."[17] If she's right and what Al-Jazeera puts out is "real news"
compared to what comes out of our news channels, then the main stream
media are in even worse shape than I thought.
What Radicalized Islam is good at is using a mixture of unofficial
and official means of fighting their war against the West and Israel.
They have learned to fight with different techniques simultaneously.
They can send out killers who haven't an ounce of scruples and no red
lines when it comes to slaughtering innocent people; and, at the same
time, take advantage of our rules of fair play, our respect for the law
and our attempts at keeping their civilians out of harm's way; and at
the same time have their pet media defend their actions by distorting
the facts; and at the same time take the high road and get the U.N. and
its agencies to chastise us for defending ourselves. All in all, the
West and Israel have a way to go to implement effective self-defense.
They need to protect both their citizens and their self-respect under
conditions of warfare carried out by unidentifiable terrorists managed
by unacknowledged terrorists. It is warfare of a kind that the West
hasn't yet learned to deal with.
Footnotes
[1] http://palwatch.org/main.aspx?fi=157&doc_id=4813
[2] [3 ] http://www.think-israel.org/pham.somalipirateskillamericans.html
[4] http://www.un.org/Depts/los/index.htm
[5] http://www.un.org/Depts/los/piracy/piracy.htm]
[6] Maritime_Alert_protecting_Crews_and_Ships_From_PIracy_
by_Arming_Merchant_Vessels_for_Self_Defense_052009.pdf at www.ssd.com
[7] http://www.nrapublications.org/a1f/BloodyPirates.html. and
http://www.nrapvf.org/news-alerts/2009/07/bloody-pirates!.aspx
[8] http://www.maritime-executive.com/article/2009-6-18-imo-says-no-weapons-mariners
[9] http://gcaptain.com/seagoing-labor-urges-improved?22365
[10] /Maritime_Alert_Protecting_Crews_and_Ships_From_
Piracy_by_Arming_Merchant_Vessels_for_Self_Defense_
052009.pdf (may 2009, in www.ssd.com).
[11] http://shomroncentral.blogspot.com/p/hilltop-youth-illegal-outpost_09.html. This website does an excellent job describing the strategic value of Samaria
and why a land-for-peace 2-state solution is untenable. See also:
http://www.jpost.com/LandedPages/PrintArticle.aspx?id=147288
[12] http://www.palwatch.org/main.aspx?fi=157&doc_id=3488
[13]nbsp;
http://www.familysecuritymatters.org/publications/id.8816/pub_detail.asp
and http://www.think-israel.org/pham.somalipirateskillamericans.html" in
this Issue of Think-Israel.
[14] http://www.aipnews.com/talk/forums/thread-view.asp?tid=10267&posts=1
[15] http://www.think-israel.org/to-point-cruise-lines.html
[16] http://www.nytimes.com/2011/02/10/opinion/10erian.html?_r=3
[17] http://www.businessinsider.com/hillary-clinton-al-jazeera-2011-3
Bernice Lipkin is editor of Think-Israel.org. Contact her at editor@think-israel.org
Defending Israeli Towns From Marauding Arabs:
WHEN THE CRIMINALS ARE CAUGHT...
A CASE STUDY IN SELF HELP
"...the crew of the US-flagged merchant vessel Maersk
Alabama repelled a pirate attack off the coast of Somalia. This is
the same ship that was boarded by pirates last April. At that time, the
captain of the ship was taken hostage and was held by pirates in a
lifeboat for five days. The incident ended when US Navy SEAL snipers
simultaneously killed all three pirates aboard the lifeboat in a
nighttime action. This time, the pirates never got aboard the ship.