Responding to Asymmetric Threats in the Maritime Domain: Diplomacy, Law and Naval Operations

摘要

Tension on the high seas between lawful commerce and illicit activity has existed for thousands of years, but today it represents a particularly serious challenge that requires more than just power projection; it requires innovative diplomacy, regional commitments, dedicated leadership and increased legal authority. In the maritime domain, there is no greater area of concern than asymmetric threats. Cooperation has unfolded to address some of these challenges, but states and international venues have yet to holistically confront the myriad threats emanating from the oceans. The desired result of every maritime attack may not necessarily be a judicial proceeding, but the ability and political will to prosecute is a critical factor in ensuring a safer maritime environment. When gaps in the law exist—whether in the area of illicit cargo, container security, underwater explosive devices or attacks in shipping channels—criminals and terrorists can operate with impunity. To address these gaps, states can better position themselves by strengthening the law, prioritising political and operational support, removing sanctuaries and authorising the pursuit of illicit assets.