MoD: Commander released pirates

Friday, June 05, 2009

The release of ten suspected pirates in the Gulf of Aden was the decision of the commander of HMS Portland the MoD has alleged in an attempt to shift the criticism away from the rules of engagement set upon the Royal Navy.

During a debate on defence in the world, the MoD came under repeated fire for the release of ten suspected pirates who had been found with weapons and grappling hooks on their boats.

"Clearly, there is a deficiency in international law or its interpretation, or there is something wrong with our rules of engagement. It cannot be right that pirates, who were caught virtually red-handed, are let go," Conservative MP Bernard Jenkin said in some of the strongest criticism directed at the MoD.

Defence Secretary John Hutton defended the incident earlier this week, saying the decision to release the pirates was up to the commander of HMS Portland.

"The decision was rightly made by the commander on the ground, operating within the rules that he had been set," Hutton said.

Although Britain has an agreement to transfer suspected pirates to the Kenyan authorities, the commander decided not to use this route despite finding the ten suspects with all the necessary tools for a pirate operation.

"The decision was made by the commander on the ground, operating within the rules as he saw them," Hutton reiterated.

When MPs questioned the rules of engagement that naval commanders must follow, Hutton claimed that the commander did not have "sufficient" evidence to detain the pirates and transfer them to the Kenyan authorities.

Overall Britain has adequate rules of engagement with suspected pirates according to Hutton, arguing that the Navy can engage suspected pirates and use lethal force if necessary.

But the rules of engagement have come under attack in recent months after it was alleged that the Foreign Office told the Royal Navy not to detain pirates for fear they may try to claim asylum. It is not clear whether this policy is actually in existence, but Britain has shown more moderation in dealing with pirates compared to some of its maritime coalition partners such as France who tend to act first and ask questions later.