Biometrics

Biometrics fight piracy

Piracy nowadays creates enormous economic, social and political problems. From the old days to the present, measures have been taken to deal with it. Other measures are to repel pirate ships such as grids, private guards, and others to better policing the areas where such phenomena occur. For better policing / surveillance of these areas, the technology was used. The use of radar, the use of AIS, satellite telecommunication have contributed to better surveillance of these areas. Biometrics also play an active role in these technologies. Especially in the areas of the Gulf of Aden, it is very difficult to control people working in the marine environment. Incorrect, quick identification has often led to the non-capture of suspects / perpetrators. Biometrics come to fill this gap by capturing the population in the light of their features such as fingerprints, iris and others. As in other cases, e.g. missions to Afghanistan, biometrics helped identify offenders. Indeed, the collection of evidence has led to several cases being solved in the past. Biometric data is becoming an important tool in the fight against piracy, as controls made by naval forces allow the immediate and accurate identification of the screened persons, enabling them to be captured directly or not.
Biometrics can be used to link people to times, locations, groups, and activities, while simultaneously providing a means to detect and identify them in the future. Whether a biometric match links a new record with a latent fingerprint from an IED, or a previous record captured for base access, these linkages offer potential value that can be realized through specialized analysis.

Biometrics fight terrorism

On September 11, 2001, 19 terrorists linked to al-Qaida, captured four planes to commit suicide attacks against targets in the US. Two of the hijacked planes hit the Twin Towers of the World Trade Center in New York, the third hit the Pentagon, while the fourth eventually crashed into an open space in Pennsylvania. September 11 is considered "the day that changed the world." It is a fact that terrorists are able to carry out mass destruction without using weapons. The attacks of September 11 were not based on the use of biological, chemical or radioactive devices or some other means but only in the presence of terrorists as weapons to achieve their goals. It is clear that merely controlling the transport of weapons and materials is not enough to prevent terrorist attacks. The identification of personnel through biometrics is an essential next steps.
The fight against terrorism should be recognized as a significant long term effort for NATO given the current and likely future threats. NATO’s role in the fight against terrorism is an integral part of the Alliance’s 360 degree approach to deterrence and defense and in projecting stability. It contributes to all three core tasks: collective defense, crisis management, and cooperative security. Needless to highlight the importance of the maritime environment.
NATO is already very active in the fight against terrorism. It makes significant contributions in the areas of: awareness and analysis; preparedness and responsiveness; capabilities; capacity building and partnerships; operations; helps to build Allied capabilities through the NATO Defense Planning Process; and has, or is developing, its own relevant capabilities.

In recent years there has been a sharp, increase in the use of vehicle-borne IEDs to conduct terrorist attacks. It is notices that the last time there are many terrorists attacks with trapped cars. It is a not reality quite often in Syria, Iraq and Libya, but in many European countries. For a terrorist, a vehicle can be an ideal explosives-delivery platform because it is discrete and not likely to  be noticed. Additionally, terrorist organizations worldwide have adapted these capabilities to marine environments. For example in 2000 Al-Qaida loaded 200-300 kilos of military-grade explosives into a small skiff, detonating alongside USS Cole and killing 17 US Navy sailors.
In an era of increased security threats and likelihood of terrorist attack, the identification of individuals is imperative for deterring acts of unlawful interference. It is clear that biometric data provide one of the most promising means for today's battle against terrorists.
Following the events of September 11, 2001, biometric technology has been developed into a powerful solution to various security threats, including terrorist activity.
Global databases of convicted criminals and suspected terrorists have been formed to prevent travel into certain countries. The use of biometrics has also greatly helped naval groups patrolling and controlling the marine space, using biometric data to link cases involving the illegal transport arms, drugs or dangerous substances. Thus, other cases can be solved by identifying and linking culprits with other acts. It has also been established that the use of biometric recording devices is one of the most effective weapons in the fight against acts of unlawful interference.
Overall, the use of biometric data to deter criminal and terrorist activity is continuing to grow. Recently, several terrorists have penetrated European countries of the refugee crisis. Most refugees arrived in Europe by sea.   Biometrics data play an important role as every entry of people into another country without the necessary documents is accompanied by biometric recording. In many terrorist attacks biometric data has linked terrorists to the countries they passed through, and in many cases also to people they had met. Biometric identification provides remarkable accuracy as well as rapid handling of some phenomena. In surveys of marine environments, comparing biometric data may lead to arrests of guilty individuals before they commit a terrorist attack. We therefore observe that biometrics is not only used as a means of capture but also of prevention.

Maritimes Zones

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is often regarded as a framework convention: It sets up institutions and balances the rights and obligations of states with the interests of the international community. Yet UNCLOS does much more than simply set up broad frameworks. It also specifies detailed nautical-mile limits for maritime zones and establishes “rules of the road” for oceans management and operations at sea.
UNCLOS provides two specific regimes which are fundamental to maritime security and order on the seas: the regime of consecutive maritime zones, and the jurisdictional trinity of flag, coastal and port state control. In fact, UNCLOS is the only international convention which stipulates a framework for state jurisdiction in maritime spaces.
UNCLOS sections the oceans, splitting marine areas into five main zones, each with a different legal status: Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ) and the High Seas. It provides the backbone for offshore governance by coastal states and those navigating the oceans. It not only zones coastal states’ offshore areas but provides specific guidance for states’ rights and responsibilities in the five concentric zones.

1)    INTERNAL WATERS
Internal waters usually cover all waterways of a country, rivers, canals, lakes, water within small bays, ports and other marine spaces landward of the baseline. All states have complete sovereignty over their internal waters and the jurisdiction to enforce domestic regulations. Foreign vessels are restricted to make a passage within internal waters without a permission of the coastal state, which is entitled to take enforcement measures for violations.

2)    TERRITORIAL WATERS
“The sovereignty of a coastal state extends, beyond its land territory and internal waters and ..to an adjacent belt of sea, described as territorial sea”. Every state has the right to establish the breadth of its territorial up to a limit not exceeding 12 nautical miles from the applicable baseline. In the Territorial Sea, a coastal state has unlimited jurisdiction over all (including foreign) activities unless restrictions are imposed by law. Subject to the UNCLOS, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state.

3)    CONTIGUOUS ZONE
Contiguous Zone is an intermediary zone between the territorial sea and the high seas, up to 24 nm from the baselines of a coastal State. In this Zone the coastal State may exercise the control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea and punish infringement of the above laws and regulations committed within its territory or territorial sea.

4)    EXCLUSIVE ECONOMIC ZONE
EEZ is an area beyond and adjacent to the territorial sea, extending 200 nm form the baseline. It includes the waters superjacent to the seabed and of the seabed and its subsoil. Coastal state has control over the natural resources within the Zone, including fishing. In order to safeguard these rights, the coastal state may take necessary measures including boarding, inspection, arrest, and judicial proceedings, as may be necessary to ensure compliance with the international laws and regulations. Delimitation between neighbouring states (opposite or adjacent) is required (agreement or judicial procedure).

5)    HIGH SEAS
High seas in maritime law are all parts of the mass of saltwater surrounding the globe that are not part of the territorial sea or internal waters of a state. They lie beyond 200 nautical miles from shore and they are to be open and freely available to everyone, governed by the principle of equal rights for all. Freedom of the high seas comprises freedom of navigation, overflight, fishing, scientific research, laying submarine cables and pipelines and finally, constructing artificial islands or other installations. In agreeing to UNCLOS, all state parties acknowledged that the oceans are for peaceful purposes as the Convention’s aim was to maintain peace, justice and progress for all the people of the world so they shall refrain from any threat or use of force against the territorial integrity or political independence of any State, or act in any manner inconsistent with the principles of international law embodied in the UN Charter  On the high seas, no state can act or interfere with justified and equal interests of other states.
Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag and take the necessary measures to ensure their safety at sea. Warships on the high seas have complete immunity from the jurisdiction of any state other than the flag state.  
It is crucial that all states cooperate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any state.
 Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96, is not justified in boarding it unless there is reasonable ground for suspecting that the ship is engaged in piracy, slave trade, unauthorized broadcasting or it is without nationality.
The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted.

Piracy

One of the major risks faced for hundreds of years by the merchant community is piracy. Nowadays, piracy against merchant vessels in countries mainly in the Western Indian Ocean poses a significant threat. The causes, consequences and ways of addressing the issues are of primary concern to the international community, shipping companies as well as international organizations such as the International Maritime Organisation (IMO).
Piracy is an international crime. As it is already mentioned above, a state may implement jurisdiction only in its territorial waters. However, the Convention specifies three cases in which warships or ships under public authority may apply jurisdiction outside their maritime sovereignty zones. These are boarding, hot pursuit and piracy. Here we will focus on the latter.
In accordance with article 101 of UNCLOS, the definition of the crime of piracy is  as follows:
a.    any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
(i)    on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
(ii)    against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
b.    any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
c.    any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).
On the other hand, if an act of piracy is conducted within the territorial waters, it is usually characterized as “armed robbery’ in order to distinguish it from the crime of piracy. Hence, armed robbery is unlawful violence or acts of depredation of detention or passengers thereof or property thereon committed in their territorial waters.
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is often regarded as a framework convention: It sets up institutions and balances the rights and obligations of states with the interests of the international community. Yet UNCLOS does much more than simply setting up broad frameworks. It also specifies detailed nautical-mile limits for maritime zones and establishes “rules of the road” for oceans management and operations at sea.
UNCLOS provides two specific regimes which are fundamental to maritime security and order on the seas: the regime of consecutive maritime zones, and the jurisdictional trinity of flag, coastal and port state control. In fact, UNCLOS is the only international convention which stipulates a framework for state jurisdiction in maritime spaces.
UNCLOS sections the oceans, splitting marine areas into five main zones, each with a different legal status: Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ) and the High Seas. It provides the backbone for offshore governance by coastal states and those navigating the oceans. It not only zones coastal states’ offshore areas, but also provides specific guidance for states’ rights and responsibilities in the five concentric zones.
High seas in maritime law are all parts of the mass of saltwater surrounding the globe that are not part of the territorial sea or internal waters of a state. They lie beyond 200 nautical miles from shore and they are to be open and freely available to everyone, governed by the principle of equal rights for all. Freedom of the high seas comprises freedom of navigation, overflight, fishing, scientific research, laying submarine cables and pipelines and finally, constructing artificial islands or other installations. In agreeing to UNCLOS, all state parties acknowledged that the oceans are for peaceful purposes as the Convention’s aim was to maintain peace, justice and progress for all the people of the world so they shall refrain from any threat or use of force against the territorial integrity or political independence of any State, or act in any manner inconsistent with the principles of international law embodied in the UN Charter  On the high seas, no state can act or interfere with justified and equal interests of other states.
Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag and take the necessary measures to ensure their safety at sea. Warships on the high seas have complete immunity from the jurisdiction of any state other than the flag state.   Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96, is not justified in boarding it unless there is reasonable ground for suspecting that the ship is engaged in piracy, slave trade, unauthorized broadcasting or it is without nationality.
The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted.
Solely responsible for the assessment and enforcement of laws is the coastal State. In this case, reasons that drive or enhance these phenomena are

   The low economic growth in these areas resulting in an increase in illegal activities;
    Political instability;
    Weak state structures for policing;
    Corruption of state agents;

Terrorism

Terrorism is a complex and variable phenomenon. It appears in many different forms, in different parts of the world, in order to achieve a variety of goals. Various terrorist groups differ considerably from each other, based on their motivation. They differ in the nature of their ideology and their political goals. They differ in their relationship with religion, as well as the level of support they receive from their communities. They also differ in the way they use of force.
Terrorism can be seen as a violent act, specially designed to attract attention and the spread of terror and fear to a large audience. Terrorists can gain the maximum degree of leverage needed in order to achieve the desired political change.
Following the dramatic increase of terrorism, new forms of threats emerged, while the older ones were revised. The majority of new threats are transnational   (proliferation of weapons of mass destruction, drug trafficking, illegal immigration, smuggling, terrorism, kidnapping, illicit arms trafficking, piracy, human trafficking, threats against critical infrastructure, etc.). 
Moreover, terrorism is a concept with multiple causes, consequences and forms of manifestation and therefore, its exact definition is difficult. In essence, it is a broader ideology aimed at provoking terror and, by extension, the satisfaction of various purposes such as insurgency operations destabilization of political life, the expression of a reaction to government policy, an extreme form of protest and a means against certain persons. Terrorist attacks can be perpetrated by one or more individuals. In our minds, terrorist attacks are aimed at injuring or even destroying as many people and assets as possible. Additionally, terrorist attacks may be perpetrated by people who are not born in the same country and are being carried out to avenge citizens of another country for political or religious motives. While most attacks are committed on land, there is no exception for the maritime environment. In this case, a terrorist attack on a ship may occur in the following cases:


a.     Fast Attacking Craft

b.    Merchant vessel captured by terrorists.

Ships are appropriate targets because of the high value of the cargo and in some cases a large number of passengers. In the past, terrorist attacks on military, passenger and cargo ships have resulted in major material damage and loss of human life.
In order to ensure the security of ships and port facilities, a number of international conventions, guidelines and laws have been established (e.g. International Ship and Port Facility Security Code (ISPS). According to the ISPS protective, measures are taken both during the trip and while docking.
Through their actions terrorists seek to turn the public attention to the issues they consider important and pass across their own messages. Terrorism at sea is not a new phenomenon, and the issue of ship security has been a matter of concern for experts for a long time.
 Terrorism is a phenomenon that has occupied and has occupied human societies since ancient times. Terrorism in shipping, is a global phenomenon based on culture, economy and religion. Although nowadays terrorist attacks on ships are not as common as pirate attacks they should also be considered as a high threat.


Case study: Terrorism
On October 12, 2000, a small boat boarded by two  passengers approached the USS COLE warship, which was in Aden Bay. In the boat there was a large     
number of explosives. Upon approaching the warship the two people triggered the explosives, resulting in a large hole being created in the outer shell of the ship. As a result of the explosion, 17 soldiers were killed and 39 injured. Al Quaida assumed responsibility for this attack.