Kenya to Prosecute Pirates Detained by Operation Atalanta

ADF STAFF

Kenya has reaffirmed its commitment to help prosecute suspected pirates and other sea criminals amid roiling insecurity sparked by a recent surge in Somali pirate attacks and Yemen’s Houthi rebels.

Kenya will prosecute pirates captured by the European Union Naval Force (EUNAVFOR) Operation Atalanta which has in recent months arrested several suspected Somali pirates during operations in the Indian Ocean and the Gulf of Aden. EUNAVFOR does not have the authority to prosecute or detain suspects for long without formal charges.

EUNAVFOR Operation Commander, Vice Adm. José M. Núñez, said a reliable “legal finish” can have a “huge deterrent effect” on piracy.

The resurging Somali pirate activity began in late 2023 after a six-year lull that was attributed to coordinated anti-piracy naval operations, safety measures such as armed guards on ships, and increased prosecution and imprisonment of pirates.

“Legal finish is engrained in our DNA, in our operational DNA,” said EUNAVFOR legal advisor, Lt. Col. Rodrigo Lorenzo. “We have always been since the very beginning, when we are tackling piracy and other illicit activities, been involved in the legal finish, which is a construct. It can be defined that we are a Navy that not only disrupts, not only interdicts, if we see any illegal activity or cargo. We seize the cargo, we detain the suspects and then turn to any of the coastal states willing to prosecute the suspects.”

Seychelles has also agreed to prosecute sea criminals detained by EUNAVFOR.

An Operation Atalanta warship in mid-May transferred six suspected pirates to Seychelles for prosecution after a piracy incident in the Gulf of Aden. The suspected pirates attacked the Marshall Islands-flagged oil tanker, Chrystal Arctic, with Kalashnikov-style rifles and rocket-propelled grenades. They were arrested after a gunfight with an Italian frigate, the Federico Martinego, also attached to Operation Atalanta, according to EUNAVFOR.

Somali piracy incidents have increased as international navies leave waters around Somalia to protect against repeated attacks by Yemen’s Houthi militia in the Red Sea and other regional waters. There were five Somali piracy incidents in the first quarter of 2024, compared to zero incidents for the same period last year, according to the International Chamber of Commerce’s International Maritime Bureau.

The converging Somali pirate and Houthi attacks are disrupting global trade. Every year, 20,000 vessels pass through the Gulf of Aden on their way to and from the Red Sea and the Suez Canal — the shortest maritime route between Europe and Asia.

Isaiah Nakoru, who heads Kenya’s Department for Shipping and Maritime Affairs, said his country is eager to promote security and the free flow of goods and people.

“We have to work together to ensure that we achieve the aspiration for ensuring there is sustainability and security, and all activities that threaten the livelihoods of people and movements of people have to be addressed in partnership with all those who have a stake,” Nakoru told Voice of America.

Maritime security expert Ian Ralby noted that the agreement is not new as it falls under the European Commission-United Nations Office on Drugs and Crime Counter-Piracy Program established in 2009. Ralby said he believes the efforts are likely being republicized, considering the recent pirate attacks. He also believes that prosecuting suspected pirates is an effective deterrent.

“Nothing changes the risk-reward calculus more than being prosecuted and sentenced to a long time in jail when it comes to piracy,” Ralby, chief executive officer of I.R. Consilium, told ADF. “That’s a risk most do not want to take, and the reward is difficult to achieve if you have the ever-presence of naval forces either willing to take aim at you with a rifle or collect you and take you into court.”

Since 2012, Seychelles has prosecuted 17 piracy cases and Kenya about 19, according to the Danish Institute for International Studies.

Operation Atalanta in late May conducted a joint multiagency exercise for the first time with Kenya’s Navy and Coast Guard. The exercise aimed to enhance information sharing, maritime security, cooperation and dialogue on regional peace and security issues.