

Regular readers know that we have been complaining loudly about the legal constraints on taking practical action against pirates. The West, at least, is so caught up in figuring out what process is due to these barbaric thugs that it cannot come up with any solution other than paying the ransom. See, for example, this story about Germany's internal confusion about whether it can do a damned thing:



Just a few weeks before the EU anti-pirate mission is set to deploy, German officials are still unsure how much military force they are allowed to use against Somali raiders....



On Wednesday, the Indian navy engaged in firefights with Somali pirate ships, sinking one. That approach was given a hearty endorsement by the Saudi newspaper Arab News, which has called for an all-out declaration of war against the bandits. For its part, the EU will begin its own military mission, dubbed "Atalanta," in early December, designed to protect UN aid shipments set for Somalia.



German ships are slated to take part in that mission, but the extent of their participation is a hot topic of dispute in Berlin. While UN diplomats have said that "Atalanta" is an unambiguously military operation with rules of engagement that allow for the chasing and attacking of pirate ships, the German government claims that it is bound by a treaty it signed in 1994 that strictly defines the scope of military encounters on the high seas. According to the terms of that convention, German ships may have to wait until pirates openly demonstrate aggression before they're permitted to act in self-defense; and they may be required to cease their attacks as soon as pirates have gained control of another ship.

It sounds as though the Germans signed a really stupid treaty. Then again, maybe this is not about international law at all. After all, these limits sound a lot like the German rules of engagement in Afghanistan MORE (Saturday morning): Michael Oren, author of, for my money, the most enthralling book about the Arab-Israeli conflict , has an outstanding article in this morning's WSJ on "how to deal with pirates." Yes, he mentions William Eaton . Who does not wish that we had a few dozen of him here in 2008?CWCID: Jungle Trader