VZCZCXYZ0002
OO RUEHWEB

DE RUEHC #4034 3270120
ZNR UUUUU ZZH
O 220113Z NOV 08
FM SECSTATE WASHDC
TO RUEHDJ/AMEMBASSY DJIBOUTI IMMEDIATE 0000
INFO RUEHDR/AMEMBASSY DAR ES SALAAM IMMEDIATE 0000
RUEHNR/AMEMBASSY NAIROBI IMMEDIATE 0000
RUEHYN/AMEMBASSY SANAA IMMEDIATE 0000

UNCLAS STATE 124034 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EWWT MOPS PHSA PREL XA XW SO DJ
SUBJECT: DEMARCHE: COUNTER-PIRACY COOPERATION 
 
 SUMMARY 
------- 
 
¶1.  This is an action request.  Please see paragraph 2. 
 
OBJECTIVES 
---------- 
 
¶2.  Department requests Post initiate discussion with the 
Government of Djibouti (GOD) on deepening cooperation with 
the United States to counter piracy in the Gulf of Aden and 
off the coast of Somalia. Post is requested to pursue the 
following objectives: 
 
-- Express appreciation for strong U.S.-Djiboutian 
cooperation on maritime security and in the continued 
operation of Camp Lemonier. 
 
-- Note that piracy directly impacts regional trade and 
security and the operation of Djibouti's newly expanded port 
facility, constraining Djibouti's ability to develop its full 
potential as a maritime commercial hub for the western Indian 
Ocean region. 
 
-- Assess GOD willingness to expand bilateral cooperation 
with the United States to strengthen Djiboutian maritime 
operational and judicial capacities. 
 
-- Ask the GOD for information on other donor assistance for 
developing judicial capacities and supporting maritime 
operations or capacity development. 
 
-- Note that Djibouti could play a key role in combating 
piracy in the Horn of Africa by prosecuting suspected pirates. 
 
-- Stress that an effective method to deal with captured 
pirates (PUCs) is a key element of a strategy to combat 
piracy.  Progress in addressing this need would help create 
the conditions to more effectively combat piracy through 
increased patrols and willingness to detain pirates. 
 
-- Inquire into GOD willingness to support implementation of 
UN Security Council Resolutions 1816 and 1838 and 
international counterpiracy operations, especially by 
prosecuting piracy suspects detained in counterpiracy 
operations in international waters in the Gulf of Aden or in 
waters off the coast of Somalia. 
 
-- Draw Djibouti's attention to articles 7 and 8 of the 1988 
Convention for the Suppression of Unlawful Acts Against the 
Safety of Maritime Navigation (SUA), to which it is already 
party. SUA obliges coastal State Parties to accept custody of 
persons suspected of committing offenses under SUA, including 
pirates, unless they can articulate why the Convention is not 
applicable.  Once a suspect is delivered, the receiving State 
has a further obligation to conduct an immediate inquiry into 
the case, to notify other states that might have 
jurisdiction, and subsequently (if warranted) to either 
extradite the suspect to another SUA State Party or submit 
the case to its own authorities for purpose of prosecution. 
Note that that the Convention provides an existing framework 
for the disposition of interdicted pirates in the region.  In 
addition, victim flag and crew States outside the region may 
be in a position to extradite under SUA if Djibouti and other 
regional States are willing to receive pirate defendants ashor 
e. Under SUA, the United States would like to deliver piracy 
suspects captured in Horn of Africa counterpiracy operations 
to Djibouti and other States affected by piracy for detention 
and/or prosecution and incarceration. If piracy suspects were 
captured in a case involving American citizens or a 
U.S.-flagged or owned vessel, we would confer with our 
Department of Justice to determine whether the United States 
would take jurisdiction over the case. 
 
BACKGROUND 
---------- 
 
¶3.  The growth of piracy in the Gulf of Aden and in waters 
off the coast of Somalia has emerged as a serious threat to 
international commerce, the safety of mariners, and the 
delivery of humanitarian assistance to Somalia.  Pirate 
attacks in these waters have more than doubled since 2007. 
Pirates are now receiving million-dollar ransoms for hijacked 
vessels and are becoming more aggressive and assertive at sea. 
 
¶4.  Funds generated from ransoms may be contributing to 
conflict and supporting continued instability in Somalia. 
Piracy is also threatening the fragile delivery of 
humanitarian assistance to Somalia, as commercial vessel 
operators have refused to deliver World Food Program (WFP) 
commodities to Mogadishu without naval escorts to deter 
piracy. 
 
¶5.  Djibouti has not previously prosecuted Somali piracy 
suspects arrested by the United States, but there is a 
regional precedent for such cooperation.  On November 18, 
Kenya took into custody eight suspected pirates captured in 
the Gulf of Aden by British naval forces on November 11. In 
January 2006, the USS Winston Churchill captured 10 Somali 
pirates who attacked the M/V DELTA RANGER and who had also 
hijacked the cargo dhow SAFINA AL BISARAT several days 
earlier.  A disposition agreement was negotiated between the 
United States and Kenya within 48 hours and the suspects were 
brought to Mombasa several days later.  In October 2006, the 
pirates were convicted and sentenced to seven years in Kenyan 
prison. 
 
¶6.  UN Security Council Resolution 1816 calls for 
international cooperation in combating piracy and armed 
robbery at sea in waters off the coast of Somalia, and 
provides authorization for countries cooperating with 
Somalia's Transitional Federal Government to enter Somali 
territorial waters and to use all necessary means to repress 
piracy and armed robbery at sea.  Resolution 1838 also calls 
for international cooperation in combating piracy and armed 
robbery at sea in waters off Somalia. 
 
 
REPORTING DEADLINE 
------------------ 
 
¶7.  Department greatly appreciates Post's continued support 
and assistance.  Department requests action addressee report 
on results of efforts by front-channel cable slugged for 
AF/RSA Jun Bando, AF/RSA Col. Michael Skardon, and AF/E 
William Schofield by Friday December 5. 
 
 
DEPARTMENT POINTS OF CONTACT 
---------------- 
 
¶8.  Please contact AF/RSA Jun Bando at (202) 647-5781, AF/RSA 
Col. Michael Skardon at (202) 647-7371, or AF/E William 
Schofield at (202) 647-5082 or via e-mail for any necessary 
further background information or argumentation to meet 
demarche objectives. 
RICE