On January 13, 2012, British Royal Marines stormed a stolen Yemeni fishing vessel that was being used for pirate attacks on shipping in the Gulf of Aden. A few months later, a combat helicopter operated by European Union Naval Forces struck a pirate base in Xaradheere, a town on the central coast of Somalia, destroying pirate skiffs and other equipment. Naval forces of many different nations patrol the waters off the Horn of Africa as part of three multinational counter-piracy task forces to protect shipping in this vital transit corridor and to respond to pirate attacks. The array of military force engaged in counter-piracy operations combined with the significant violent capabilities of the pirates highlight a range of questions regarding the nature and degree of force that can be used against pirates and the appropriate legal frameworks to govern that use of force.

Although the number of pirate attacks has been decreasing over the past few years, piracy remains a significant danger to commercial and private shipping in several locations around the world. In the first two months of 2014 alone, the International Chamber of Commerce (ICC) recorded 10 pirate attacks in locations as diverse as Bangladesh, Nigeria, and the Congo, and in 2013, “more than 300 people were taken hostage at sea … and 21 were injured, nearly all with guns or knives. A total of 12 vessels were hijacked, 202 were boarded, 22 were fired upon and a further 28 reported attempted attacks.” Since 2008, piracy off the coast of Somalia has produced significant and severe destabilizing effects on maritime commerce, and it has demanded the commitment of extensive naval and financial resources from nations around the world in the form of multinational task forces, armed guards, and other counter-piracy measures. Understanding the available and relevant tools for combatting this scourge, whether off the coast of Somalia, in the archipelagic waters of Indonesia, or in other locations, is essential for effective counter-piracy operations now and in the future.