The Study Of China’s Participation In The Action Against Somali Pirates

As one of the oldest international crimes, piracy has always been the public enemy and combated by the international community. Before2005, global piracy activities mainly concentrated in the South China Sea, Malacca Strait, Mediterranean and Far East region. Since2005, the incidents of piracy in East African waters suddenly surged, somali pirates gradually entered the world’s attention. Until2008, Somali Pirates shocked the world with their high frequency attacks, transnational actions, brutal ways and advanced technology. Thus, the waters off Somali became one of the most terrifying areas in the whole world. In recent years, with the fiercely emergence of somali pirates, the international society has issued a variety of measures to prevent and fight against the threats. From December2008to March2012, China has also sent a total of eleven batches of navy fleets to the Gulf of Aden and Somali for participating and blowing the local pirates. It is the first appearance that china’s maritime force to safeguard national interests and maritime rights overseas. Undoubtedly, this is a pioneering and groundbreaking behavior with great historical significance. Therefore, under the background of ineffectively controlled piracy and changing society, it is positive and necessary to do research on china’s participation in the action against somali pirates.This dissertation is divided into three parts: preface, main body and conclusion. The main body includes three chapters. Its main contents are as follows:Chapter one describes the status quo of china’s participation in the fight with somali pirates. At first, it gives a general introduction about somali pirates from the rampant causes and flourishing characteristics. Then, analyzes the impact on china through suffered loss of economy and experienced hazards of property and crews. In the end, presents china’s relevant actions in solid facts and dates since2008.Chapter two discusses the justification of China’s participation in the action against somali pirate. This article elaborates it mainly from situation and significance in seven aspects. On the one hand, it is the needs of global situation and expectations of international communities. Since the outbreak of somali civil war, the government is unable to rebirth the chaotic domestic environment, the surging pirates should be settled under the aid of international society. Then, United States, Russia, India, Japan, Europe and other middle key stakeholders responded immediately, they successively sent fleets and armed vessels to escort around somali waters. At the same time, the somali government dignitaries, German navy general and other leader issued sincere invitation to China. As one of the five permanent members of United Nations Security Council, China is obliged and duty-bound to participate in the action. Additionally, this is the consideration of china’s national interest, international responsibility and image. Not only because the national interest is the core concept in politics and international relations, but also china is the largest developing country in the world. Escorting in somali is a reasonable act to safeguard national interest, perform power responsibility and shape international image. On the other hand, this article emphasizes its justification from the following five aspects. Firstly, politically, somali has vital geopolitical strategic value. As an emerging maritime power, the action is a fantastic chance to China’s maritime strategy and a major readjustment in Indian Ocean. Secondly, economically, the rampancy of somali pirates affects the trade transportation and oil import channeling, china can uphold its economic interests and beneficial to the construction of its Going Out Policy. Thirdly, in the military, Chinese navy sailed off Somali coast and the Gulf of Aden is actually to establish a strong combating naval force, to accumulate experiences of projection and delivery, to cope with the new military revolution in the future. Fourthly, in the opinion of diplomacy, it consolidates good relation with African countries, promotes friendship with surrounding countries. What’s more, it is the successful practice of Harmonious Diplomacy. Finally, in the view of culture, the participating action realizes the marine civilization which stayed in folk and regional level traditionally to the height of ethnic civilization. It is the implementation of the Harmonious Ocean Concept and the construction of harmonious world with lasting peace and common prosperity.Chapter three studies the legitimacy of china’s participation in the action against somali pirates. It is a normal military operation during the non-war period. In the perspective of international law, in conformity with the Charter of United Nations, the United Nations Convention on the Law of the Sea, the United Nations Security Council resolutions, in line with the Suppression of Unlawful Acts against the Safety of Maritime Navigation and other relevant treaties. The context will respectively summarize the cognizance, jurisdiction and punishment on piracy. From the national level, although there does not exist specifically Crime of Piracy, the involvement in the combat action is fully consistent with china’s Constitution and the Criminal Law. Additionally, self-defense and shipping traffic right, immunity and boarding right, the International Regulations for Preventing Collisions at Sea, MARPOL Pollution Convention and customary law are also the legal support.The conclusion is the end of this dissertation. It concludes that china’s participation in the action against Somali pirates is justifiable and lawful.