Why Can't We Just Kick Their Ass? Part 1

Terraced Rice Fields in Nepal - photo by JoAnn Sturman

Scott Sturman
fliesinyoureyes.com

All that is necessary for the triumph of evil is that good men do nothing.
Edmund Burke (1729 - 1797)

Years ago the New Yorker magazine published an article entitled “Punch in the Nose” or something close to that title. The author, a New York City resident who grew up in a tough Irish neighborhood where disputes were settled with fists, expressed that under conditions disputes needed to be resolved physically. There is a group of miscreant personalities who will not respond to any amount of dialog, cajoling, or incentives. Any intervention short of a punch in the nose is perceived as weakness and an open invitation to continue antisocial behavior.

In the long list of members of this rogue's gallery, two are particularly loathsome and long overdue for their comeuppance – child molesters and pirates of the high seas. Why pick these two? Both prey on helpless victims while authorities fail to act decisively to curtail their criminal behavior. The perpetrators kill, kidnap, intimidate, steal, extort, and inflict horrific psychological trauma earning the apt appellation “hostes humani generis” - common enemies of mankind.

Since the time of the Roman Empire sovereign states traditionally exercised the doctrine of universal jurisdiction whereby pirates were apprehended and summarily executed. Their conduct was deemed so egregious and detrimental to the welfare of society that their crimes were dealt with swiftly and forcefully. Such is not the case today.

Max Boot, a fellow at the Council of Foreign Relations, describes the current situation in a recent issue of Foreign Affairs. Piracy around the horn of Africa has been escalating rapidly and is one of the largest employers in Somalia. This is of particular concern due to connections with Taliban extremists who have ties with al Qaeda. So critical are the threatened commercial shipping lanes that over twenty countries have warships patrolling the area. However, the rules of engagement are so strict that the historically proven methods of combating piracy are not utilized. These techniques include convoying merchant ships, blockading and bombarding pirate ports, pursuing pirates over land and sea, and ultimately occupying and destroying their bases. Western governments are overly sensitive to criticism. In an attempt to be fair when dealing with the renegades our military commanders are burdened by outrageous restrictions.

Legal authority to conduct these operations is fractured, and coupled with a lack of decisiveness on the part of politicians, pirates run amok. Chapter 7 resolutions passed by the United Nations Security Council permits military forces to chase pirates into Somalian waters and ports. This has not happened due to the temerity of our political leaders. For example, if a United States warship encounters a Somalian fishing boat loaded with young men carrying long ladders and armed with AK-47s and RPGs, existing law prescribes they are to be treated as civilians rather than combatants. They are within their rights to continue “fishing” for the next supertanker. The situation deteriorates to farcical proportions when the international courts become involved. Albeit there is a 2000 year old precedent stating any country can try suspected pirates even if the act did not involve that country's ships, international humanitarian law makes it virtually impossible to do so. The British Foreign Office has refrained from prosecuting these brigands on British soil for fear they demand asylum or claim their human rights have been violated.


NEXT: Child molesters, sex offenders, and recidivism rates. What's the problem?