Piracy requires a universal approach
The Netherlands are at risk of becoming a safe haven for Somali pirates.
At least one of the five alleged pirates currently on trial in Rotterdam seems pretty happy being in a Dutch prison cell. According to his lawyer, the Somali enjoys the comfort of a TV and a toilet in his cell, and he plans to bring his family to the Netherlands after his prison term is over.
It remains to be seen whether the lawyer is doing his client a favour by choosing this particular line of defence. The other lawyers have chosen to present their clients as victims: the disintegration of their country and illegal fishing by foreign ships left them no other choice than to turn to piracy. Not that this picture is necessarily accurate: another picture is emerging of piracy as 'big business' with enormous commercial and political interests.
The court will decide which defense was more efficient. But by going public with his client's newfound love for the Netherlands, the lawyer has raised a sensitive political issue. If it is true what he says then the Netherlands are at risk of becoming a safe haven for Somali pirates.
That would not just violate the Dutch government's "selective modern immigration policy", it also fuels the rethoric of political parties like Geert Wilders' Party for Freedom (PVV). "It is unacceptable that someone who walks around with grenade launchers should be rewarded with residency in the Netherlands," a PVV member said about the defence strategy.
So it is no coincidence that foreign minister Verhagen on Monday pleaded for a special piracy tribunal under UN umbrella, in Kenya, for example. A trial should be a deterrent, Verhagen said. Apparently, the prospect of a prison sentence is not a deterrent but rather an incentive.
Even if Verhagen's plea is politically motivated, it is not so farfetched. Piracy is an international crime, and prosecuting it transcends the national level. The five Somalis in trial in Rotterdam tried to hijack a ship with a Turkish crew sailing under the flag of the Netherlands Antilles. They were picked up by the Danish navy.
It was under pressure from Denmark that the Netherlands took custody of the Somalis. Denmark argued that the flag of the Dutch Antilles meant that the ship was formally the responsibility of the Netherlands. Other than that there were no Dutch interests at stake.
Piracy's universal character requires a corresponding approach. That means not just a special tribunal but also a regional approach to the problem. After all, it are the countries in the region that suffer most from the pirates who disrupt politics and trade in East Africa.