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Transnational Crimes in the Maritime Realm

Zaeem Hassan Mehmood

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Maritime trafficking routes closely follow the commercial shipping lanes. The modalities, technologies and strategies put into place by criminals are often times more sophisticated in caliber than those used in regulated trade. The vast expanses of the sea, the complexity of the maritime transportation system, the immense volume of cargo transferred at each port, and the limited capacity for inspections of cargo creates opportunity for criminals. Seaborne trade in the maritime realm follows a defined set of “sea lines of communication” based on currents and weather. Because of the robustness of shipping and mass amounts of cargo moved, traffickers utilize the same shipping industry routes with great effect. Shipping and sea lanes tend to offer anonymity for criminals, whereas their activities can be hidden behind legitimate industries. Criminal activity, especially illicit trade in narcotics, humans, and weapons, has become so extensive that it is difficult according to various studies to rule out implications of states and corporations in the criminal enterprise.

Individuals from various nationalities, followed by multiple vessels flagged to different states, adds the UN Drug Trade Report 2019, are used in the networks which transit the waters of various states and call at different ports before reaching their final destination. Despite the abundance of laws designed to combat illicit trafficking and an apparent impetus to stop specific types of crime, government’s remains only marginally successful in preventing the global flow of illegal goods due to the overwhelming volume and complexity of the markets for illicit trade. Working in tandem, the maritime forces nevertheless have made successful efforts to disrupt the illicit supply chains as a result of sea-based security operations; cooperation and collaboration between law enforcement organizations.

Nevertheless, legal complexity arises as the high seas “fall outside the jurisdiction of any single state” under the United National Convention on the Law of the Sea (UNCLOS). The ocean space is to be collectively policed by all states governed by principles of Freedom of navigation. Piracy and the illicit trafficking of narcotics, humans, and weapons comprise the main varieties of transnational crime. UNCLOS addresses these matter of concern in the realm of the sea, where various articles provide guidance in order to curb or limit the threats. Article 110 expounds the customary rule that warships may “approach and visit” on the high seas “any ship that is suspected of piracy, human trafficking, unauthorized broadcasting; and is without nationality”; or, “is flying a foreign flag or refusing to show its flag.” Article 111 addresses the right of “hot pursuit”, allowing warships of one state to follow a vessel through the different maritime zones of the ship if based on “reasonable grounds,” it is suspected of illegal activity.

Narcotics Trafficking

UNCLOS under Article 108 empowers states to cooperate and offer assistance to suppress drug trafficking by other state-flagged vessels. Traditionally, drug traffickers used overland routes, but since last two decades, they have shifted transportation into the “Indo-Pacific Ocean”. The majority of this trafficking has proliferated in the littoral regions, and often within territorial waters. In the latter years, advancement in technologies, providing for larger ships have allowed traffickers to move further into the sea to capitalize “blue water” areas, outside the 12-nautical mile mark and at times further than the 200-mile Exclusive Economic Zone (EEZ) of any country. It is a documented fact that U.S. is the world’s largest consumer of illegal drugs, also according to various studies the source and transit zones of drug trafficking between South America and the U.S despite high patrols on the border.

Piracy and Armed Robbery at Sea

Piracy has been one of the most ancient forms of maritime crime that is treated rigorously under the provisions of UNCLOS. Article 101 defines piracy as “any illegal act of violence or detention, any act of depredation, committed for private ends by the crew or passengers of a private ship or private aircraft on the high seas against another ship or aircraft, outside the jurisdiction of any state.” The latter parts highlights an important aspect that piracy is a type of transnational crime conducted by non-state actors in international waters. Article 105 of UNCLOS grants everystate the authority to seize any vessel, associated property and to arrest any persons engaged in piracy. Domestic courts of the state conducting the seizure have the mandate prosecute the pirates under domestic law and determine what to do with the vessels; however, to date the courts remain inadequate or unsupported in many places.

Piracy became a security issue of international concern since the last decade and half, primarily in the Horn of Africa, Gulf of Aden, and the Red Sea largely due to weak patrolling and sea blindness by the littoral states of the region. However, to an extent order at sea has been maintained with the presence Combined Task Force-151(CTF-151), focused on counter-piracy, and Combined Task Force-150 (CTF-150) to combat illicit activities at sea. Supported by several U.N. Security Council Resolutions, these task forces have “engaged with regional partners to build capacity and improve capabilities to protect global maritime commerce and secure freedom of navigation.” 

Piracy in the Asia-Pacific remains a matter of concern, however most of the incidents are underreported and those reported are of such small scale that they cloud the assessment of major piracy events. In the region, although piracy has been contained in the eastern region of Africa whereas it has proliferated in the western Africa around the Gulf of Guinea. This subject-matter experts conclude is a result of an increased trafficking in narcotics from Latin America, along with the various other illicit elements involving illegal fishing and human trafficking. The increased in piracy is a reminder for states that piracy remains a persistent and widespread challenge to maritime security. The recent activities in Somalia and Yemen foreshadow a resurgence of piracy in the region, encouraged by trafficking of light weapons and small arms, along with non-state actor’s unprecedented access to ship monitoring, tracking devices, and use of unmanned systems and long range communications.

Conclusion

United Nations Convention on the Law of the Sea (UNCLOS) identifies only certain types of transnational crime that affect maritime security, but there are many varieties and combinations of criminal activity that affect security and safety from the high seas to internal waters. Domestic laws however need be brought in line with international law, and cooperative partnerships between the states, law enforcement, and militaries to combat illicit activity needs to transcend the morass of politics that are often a hurdle in the way of more comprehensive legal regimes. It is recommended that information and intelligence sharing, along with TTPs (tactics, techniques, and procedures) need to be employed by the maritime forces to ensure freedom of the seas. UNCLOS provides a strong framework and multilateral efforts to deter criminal activity at sea for a more secure, safer operating environment for all. However, it is the difficulty in effective prosecution and applying of an equitable punishment to the culprits, involved in piracy, human trafficking and illicit drugs that must serve as a reminder to all states that much awaits for an all-inclusive solution.

Zaeem Hassan Mehmood, is an alumnus of National Defence University, Islamabad. He is serving as Research Associate at National Centre for Maritime Policy Research (NCMPR)

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New strategy of U.S. counter-intelligence: Real and unreal threats

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The newly published US Counter-Intelligence Strategy for 2020-2022 puts Russia and China at the top of the list of countries that pose a threat to the USA. “Russia and China are operating throughout the world, using all power instruments at their disposal against the United States, resorting to a wide variety of modern intelligence methods”, – the document says.

The strategy formulates five objectives for the counter-intelligence service: to protect the critically important infrastructure, cut the number of threats to basic supply chains, counteract the exploitation of American economy, defend the American democracy against foreign influence, and repulse cyberattacks and technological disruptions that could come from foreign intelligence.

The US has made public only a brief 11-page version of the strategy, whereas its full, classified variant will be submitted to members of intelligence committees in the House of Representatives and the Senate, to White House officials, heads of corresponding agencies and other officials with access to classified information. The mere list of goals for counter-intelligence gives rise to questions such as whether they are fully grounded or whether they are all but tribute to the current political trends in the USA.

As we read «protect the American democracy against foreign influence» we understand what they mean by ‘foreign’ – both Democrats and Republicans keep talking about Russian interference in American elections. Although this talk has long been dismissed by many as inconsistent with reality, it nevertheless, continues unabated.

The strategy, published on the website of the US National Counter-Intelligence and Security Center, is a renewed version of the 2015 document. The Center’s Director, William Ivanina, said as he presented the report that modern technology – artificial intelligence, encryption technology, internet of things – make the work of counter-intelligence more complicated. According to CBS, W. Ivanina has been saying since 2014 that China poses the most serious long-term threat to US security. In his words, the theft of American intellectual property, allegedly committed by the Chinese, cost the US 400 billion dollars annually.

Statements about stealing intellectual property are not new and are being exploited by the Americans to justify a trade war they are waging against China. It is not for the first time that the Trump administration is resorting to “banned methods” adding the country’s economic problems to the list of national security threats, which makes it possible to introduce restrictive measures against China.

The strategy in question is seeing light just as the debates on a new American budget are getting under way. This is not accidental given that documents of this kind can justify budgetary spending. In 2021 the US government is planning to spend $1.5 billion to counter “China’s influence” and another $596 million to establish “diplomatic cooperation for securing the strategy in regions of the Pacific and Indian Oceans. A statement to this effect is part of the press release circulated by the US State Department and published after the White House submitted to the Congress a draft budget for the next fiscal year.

However, proposals on the budget, though reflecting the position of the US administration, do not always become law. In most cases, the US Congress approves the budget depending on the political situation at home. Now that they have sustained defeat on Trump’s impeachment, the Democrats have a good chance to take it out on the budget. Democratic minority leader in the Senate Chuck Schumer has described the draft budget submitted by the incumbent administration for the next year as “a plan to destroy America”.

Considering that these are all but domestic political games, it is not immediately clear what Russia and China have to do with them.

From our partner International Affairs

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Modi’s extremism: Implications for South Asia

Sonia Naz

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Hindutva is a main form of Hindu nationalism in India this term was popularized by Vinayak Damodar Savarkar in the 20th century. It is reinforced by the Hindu extremist volunteer organization Vishva Hindu Parishad (VHP), Rashtriya Swayamsevak Sangh (RSS), and Hindu Sena. Hindutva movement has been expressed today as almost fascist in the classical sense (sticking to a disputed idea of homogenized majority and dominance of culture).  The Hindutva moment has gained enormous momentum under the government of Modi (Zaman A. , 2019). Under the Modi’s government dozens of Muslims have been killed for the protection of cows. Most of them are those who allegedly slaughtering cows. These attacks indicate that Hindu extremism has increased. Even, lower caste Hindus also faced violence from hardliner Hindu extremists. (Zaman A. , 2019) .

The prevailing extremism in India is no longer a national issue, but is spilling over to become a regional flashpoint and has worldwide implications. The regional stability is endangered due to the current situation in Indian-occupied Kashmir (IoK) (Qureshi, 2019). Since the Modi’s extremist policies revoked article 370 of the constitution of India in which special and independent status had been given to the Indian-occupied Kashmir (IoK). This kind of extreme move of a fanatical ruler was expected, whereas, such kind of unconstitutional effort of a democratic government was not expected. Moreover, it is not only a violation of India’s constitution, but it is also a breach of United Nations Security Council Resolutions, which confirmed Kashmir as a disputed territory.

Furthermore, Article 370 and 35-A cancellation changed the demographic structure of IoK. Article 35A prevented the outsiders from staying, buying properties, getting local government jobs or scholarships in IoK than it annulment permitted outsiders to buy properties there.  Hindutva forces are trying to conquer the IoK territory with its 800000 military crowd, which is making the situation more instable there. It would not have lasting consequences for India, but for the whole region (Jaspal, 2019). The Kashmir imbroglio should be the concern of the entire world because it is a perilous flashpoint that could lead to a catastrophic war between two nuclear powers. If this happens, it would not engulf the region, but the entire world. The International community is insensitive towards the recent brutal developments have taken place in IoK. The brutalities boldly committed by the more than 500,000 Indian troops in the occupied valley. There should be a strong response of big powers and the international community towards the atrocious changes in India (Elahi, 2019). 

It is not the first time, Narendra Modi’s administration has involved in many disputes with the regional countries which has put the regional security at risk. Like, the Modi government relationship is not just deteriorated with Pakistan, but other neighbouring states too. In 2015, Madhesi Crisis in Nepal and border issues tensed the India Nepal relations. However, India restricted the flow of trade at the check posts whereas; India did not accept this blame. India also has not good relation with Sri Lanka since 2014 as Sri Lanka has been more disposed towards China with the signing of the infrastructure projects of belt road and initiatives. Moreover, New Dehli was concerned about the harbouring of Chinese submarines in Colombo and ruler of Maldives Abdulla Yameen signed fee trade treaties with China, which was not digestible for India (Wong, 2017).

India’s offensive nuclear posture towards Pakistan and increased violation of the Line of Control (LoC) has made the situation more adverse. India holds Pakistan responsible for every attack on its territory and its attitude towards Pakistan is very hostile. The Pathankot attack in 2016 and Pulwama attack in 2019 increased the resentment as Modi government blamed the attack on Pakistan-based Jaish-e-Muhammad. Pakistan asked India to provide evidence so that Pakistan can take action, but no evidence had been given. The Indian air force claimed launching air strikes on the camp of Jaish-e Mohammad mountainside in the Balakot region of Khyber Pakhtunkhwa . While, following the attack international media and local media disgraced Indian claim of launching the attack and killing many militants. Next morning, Pakistan shot down an Indian MIG 21 fighter and captured the pilot who violated the Pakistan airspace. Still, Pakistani Prime Minister Imran Khan showed peace gesture and released the captured pilot.  (Shoukat, 2019).

The Indian airstrike’s that were launched in response to Pulwama attack were clear a breach of Pakistan’s space sovereignty. It was a clear perspective of war, however; India has continued to justify its position by calling it non-military strike. It was extremely reckless behaviour of a nuclear state. Even, history shows that such events are very rare between nuclear weapons states while the US and Russia never engaged in direct airstrike’s (Jan, 2019). Afterward, an Indian submarine also detained by the Pakistani Navy, which tried to infringe Pakistani water.  India blames Pakistan for every attack and defies the Pakistan air, space and land territory itself. Besides, India is also responsible of sponsoring terrorism in Pakistan through its spies as one of them is Kulbushan Yadav (Shoukat, 2019).

 India’s nuclear doctrine also changed from No First Use (NFU) to First use. The false description of surgical strikes and attacks on non-state base points has demonstrated the uncertain security environment in South Asia.  The Indian nuclear doctrinal change increases the security risks in the region, particularly for Pakistan and China. At Pulwama, Pakistan clearly exposed India’s long-held fable of conventional superiority. At the same time, it is obvious that India would keep its behaviour hawkish towards Pakistan under the radical Hindutva mindset (Nawaz, 2019).

Additionally, India took another major step against the Muslims as it passed a bill on December 9, 2019 that would give the nationality to those migrants who want to become citizens of India except Muslims. This step of Prime Minster would increase the Modi Hindu-nationalist agenda. It would modify the India secular status, preserve by its founders in 1947. The Citizenship Amendment Bill passed by the lower house, the Lok Sabha with 311 votes. Now, it would be presented in the upper house and would become law soon. Hindu extremist agenda deeply unsettled the Muslims with this new law as they would make more than 200 million Muslims second class citizens and many of them stateless. It is not first extremist step of Modi, he also stripped away the autonomy of Kashmir, which was Muslim majority Indian occupied state.

 Furthermore, Hindu fundamentalist build a new temple over the remains of the demolished mosque in the Ayodhya. According to Modi this would protect the maltreated Hindus, Christians and Buddhists who want to migrate from Afghanistan and Pakistan. However, this brutal legislation would extradite innocent Muslim residents, even those whose families have been in India for generation, if they cannot provide evidence of citizenship. Under the Modi’s leadership, attacks and intimidation against Muslim community have augmented and anti Muslim sentiment has become deliberately more mainstream. The people of Assam are protesting in the streets and hoisting placards again the bill because it is against their rights and identity (Gettleman & Raj, 2019).

Besides, Bangladeshi Foreign Minister AK Abdul Momen cancelled his visit for two days Indian Ocean Dialogue and Delhi Dialogue XI, to India. He also rejected a statement by Indian home minister Amit Shah that the new citizenship law will provide safety to “persecuted minorities” from Pakistan, Afghanistan and Bangladesh.  An official visit to India by Japanese Prime Minister Shinzo Abe has also been delayed due to the unrest in Assam. Following the protests began in Assam, a curfew was forced in four of the main cities in the state and the internet was shut down. Two paramilitary battalions were deployed to contain the demonstrations. (News, 2019).

In a nutshell, as evident from the aforementioned  brutal developments, it seems that India aspires to increasingly showcase itself  hegemon and potential big power in the region. The Prime Minister Modi government is impressed by the Hindu extremist ideology and making IoK its integral part by forcefully. Its hawkish policies towards Muslims in India and IoK has once again put at stake the peace and stability of the entire region of South Asia. Indian government not only targeting Muslims everywhere, but it is also seizing their identities which is dismantling secularism foundations of India. Moreover, Indian hawkish nuclear posture increases arms race in the region and it is not only threat for Pakistan but the entire region.

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Emerging Cyber warfare threats to Pakistan

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The potential for the next Pearl Harbor could very well be a cyber-attack.” -Leon Panetta

In the modern era, war has been revolutionized due to rapid advancements in technology. As a result, cyber security along with its pros and cons is contributing increasingly to modern warfare. Pakistan, however, is still in the developmental phase of cyber security. Although Pakistan has passed its first law related to cyber-crimes, in the form of the 2016 Prevention of Electronic Crime Act, the overall legislation related to cyber security is still vague and not as strong to deal with the dynamic and broad-ranging nature of threats that emanate from the realms of cyber security.

In recent years, the government has taken some initiatives in order to build capacity amongst the general public such as through PAK-CERT, Presidential Initiative for Artificial Intelligence & Computing (PIAIC), Skills for all Hunarmand Pakistan, Kamyab Jawan, and National Vocational & Technical Training (NAVTTC).Yet, as has been the case for quite some time, most of these initiatives are aimed simply at spreading greater awareness to help lay the foundations for a more robust cyber security architecture. Amidst such developments, the question that arises for Pakistani policymakers is thus where their country currently stands in the cyber domain and how cyber warfare is posing threats to its national security.

In this era of innovation and connectivity even major powers such as the U.S, Russia, China, Israel and the United Kingdom remain vulnerable to an evolving spectrum of cyber threats. Across the world, states are now increasingly dependent on cyber technology which has greatly increased their chances of vulnerability. The most known example is 2015 Stuxnet virus, whereby a devastating cyber-attack on Iranian nuclear facilities wreaked havoc such as at the Nantaz Nuclear facility, significantly rolling back the Iranian nuclear program. Similarly, the WannaCry outbreak in 2017 caused mass disruption by shutting down vital computing systems in more than 80 NHS organizations in England alone. This resulted in almost 20,000 cancelled appointments, 600 GP surgeries having to return to pen and paper, and five hospitals simply diverting ambulances, unable to handle any more emergency cases. Widely attributed as being state sponsored, the attack set another devastating precedent testifying to the wide-ranging vulnerabilities that exist even in some of the world’s most advanced countries. 

Pakistan’s cyber space too is insecure for many reasons because Pakistan is dependent on others for technology. According to leading global cyber security firms such as Symantec, Pakistan is among the ten most targeted countries in the world. Main targets include Pakistan’s nuclear and other critical installations, with publicly revealed assaults on an assortment of media houses, as well as the communications networks, of key government departments including, transport and, basic utilities. Such threats for instance were further confirmed by the Snowden documents released between 2013-2014 that had showed how the NSA was keeping an eye on Pakistan’s civilian and military leaders, utilizing a malware called SECONDATE.

Recently in the year 2019, Rising Security Research Institute has captured the attack launched by the internationally renowned Advanced Persistent Threat (APT) organization “Rattlesnake” through the Rising Threat Intelligence System. This time, the organization had targeted the Pakistani Navy via Target collision hijacking method. Specifically targeting the Pakistan Naval Public Relations Bureau, the attempt was aimed at stealing vital information from secure military networks while planting misleading documents masquerading as official statements from the Pakistan Navy regarding its regional neighbors such as China and India.  Based on such threats, Pakistan must be readily prepared for any kind of cyber espionage and take steps towards establishing a strong national cyber policy to protect its civilian and military infrastructure.

Therefore, at this stage it is imperative that Pakistan seriously focus on the development of a robust cyber war apparatus. This would especially help mitigate the numerous threats being posed to its banking system, as well as major government networks such as its ministry of Foreign Affairs as well as other military networks that have been previously targeted such as in the case shown above. As such Pakistan can take a number of initial steps by developing strategies to prevent malwares and denial of service (DOS) attacks to reduce such threats at least to a certain level.

Yet, Pakistan has still not developed a cohesive Cyber Command or any National Cyber Policy to deal with the regional cyber threats being posed to Pakistan. Even though Pakistan has recently developed a cyber-security auditing and evaluation lab, it is still in its formative stages. There is still immense space to develop advanced tools and research technologies to protect Pakistan’s cyberspace, sensitive data, and local economy from cyber-attacks while restricting illegal penetrations in it. Especially such as the initiative taken by the newly setup National Centre for Cyber Security which aims increase the number of indigenously trained cyber security professionals within the public sector.

Keeping to this trajectory Pakistan should emphasize more on indigenously developing its own cyber security industry so that in the near future it could benefit both its civilian and military infrastructure in the long run. Hence, while Pakistan may be limited in its ability to wage a strong offensive campaign within the realm of cyber warfare at the moment, such steps would go a long way in helping lay the foundations to build something greater on.

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