The American publication ‘The Federalist’ has made a controversial suggestion. They propose reviving the old practice of privateering (official piracy) to capture Russia’s shadow fleet, which is allegedly transporting oil in violation of economic sanctions.
According to the publication, the United States should act against Russia in the same way that the US and Britain acted against Spain and France in the 19th century by issuing licenses to bold seafarers to carry out pirate attacks on merchant ships traveling from Africa and South America to Europe.
Proponents of this tactic argue that it would allow the US Navy to focus on larger tasks while simultaneously undermining Russia’s energy sector. By cutting off Russia’s ability to export oil, American oil and gas would fill the vacant market niche, potentially strengthening the US economy.
Privateering
The term (From the Dutch kapen – to seize, to capture) refers to military actions at sea carried out by armed private vessels that received special permits (known as letters of marque) to inspect, capture, and destroy enemy merchant ships and the ships of neutral countries engaged in transporting goods for the warring nation. It was banned by the Paris Declaration of 1856, “On Maritime Warfare.” In modern international law, it is equated with piracy.
From the 16th to the 19th centuries, privateering was a common practice. It was a method by which nations could enhance their naval capabilities without incurring substantial financial obligations.
In contrast to a pirate, who operated outside the law, a privateer was essentially a privately owned armed ship that a government commissioned to attack enemy cargo during wartime.
Privateers were permitted to engage in combat with hostile vessels but were still expected to comply with specific war regulations. Nevertheless, they were frequently enforced loosely.
Strict legal rules applied to it, making privateers true collaborators in implementing a mercantilist maritime policy. To go on a privateering expedition, the captain had to have a patent, issued in the name of the King and registered in the maritime authorities’ office, as well as a financial guarantee, which guaranteed the honesty of his campaign. Back on land, the prizes had to be declared, which triggered a legal procedure that was brought before the Prize Council, a specialized administrative court. The State recovered part of the winnings from the campaigns.
Nevertheless, the practice’s potential for exploitation led to an increase in its level of controversy. Privateering was abolished in 1856 by the Declaration of Paris. However, it has very recently experienced a legal resurgence in the United States.
Moden Privateering
The United States, which did not sign the 1856 Declaration of Paris, has recently returned to privateering. A 2001 law also allows the State Department to issue privateer licenses without congressional approval. In 2007, a US maritime security company armed a warship and pursued pirates operating off the coast of Somalia in the Gulf of Aden.
China has been accused of employing maritime militias to assert its claims in the South China Sea. Contrary to the unregulated nature of privateering, these groups are predominantly under state control and operate within a legal framework, even though they can be perceived as a form of force projection.
Russia has not engaged in privateering in the modern era after signing the 1856 declaration.
Other Benefits
The article states that there are other benefits, such as the fact that most ships would prefer to come under the US flag if other countries also started their own privateering, as the US Navy is obliged to protect them.
However, this argument does not make sense as the rationale for restarting privateering is to enable the US Navy to focus on bigger tasks.
In addition, the experience from the Red Sea also shows that the US Navy might find it difficult to handle such tasks. In June, it had to withdraw its aircraft carrier, Dwight Eisenhower, in the face of Houthi attacks.
The Houthis launched a missile strike on the US Navy aircraft carrier Dwight Eisenhower in the Red Sea. This was announced on May 31 by Houthi military spokesman Yahya Sarea. He added that the missile and naval forces of the Yemeni armed forces conducted the joint operation against the aircraft carrier in response to American-British aggression. According to Masirah TV, the operation was carried out using cruise and ballistic missiles, and the hit was precise.
In contrast to the Houthis, the Russian-backed privateers have the potential to be highly organized and well-equipped. In other conflicts, Russia has exhibited its capacity to provide proxy forces with sophisticated armaments and tactics. If Russia were to engage in privateering, it could provide the requisite resources to establish a significant maritime threat.