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The sea is a domain increasingly beyond government control,
vast and wild,
where laws of nations mean little and secretive shipowners do as they
please -
and where the resilient pathogens of piracy and terrorism flourish.
Since we live on land, and usually beyond sight of the
sea, it is easy to forget that our world is an ocean world, and to
ignore what in practice that means. Some shores perhaps can be tamed,
but beyond the horizon lies the wave-maker, an anarchic expanse, the
open ocean of the high seas. Under its many names, and with variations
in color and mood, this single ocean spreads across three fourths of
the globe. Geographically it is not the exception to our world but by
far its greatest defining feature. By social measures it is important
too. At a time when every last patch of land is claimed by one
government or another, and when citizenship is treated as an absolute
condition of human existence, it is a place that remains radically
free. Expressing that freedom are more than 40,000 large merchant
ships that ply the open ocean among uncountable numbers of smaller
coastal craft, and between them carry nearly the full weight of
international trade - almost all the raw materials and finished
products on which our lives are built. These ships are crewed by
mariners of varying quality drawn from the poor worldwide, and mixed
together without reference to language or nationality. In many cases
they are owned or managed by secretive one-ship companies so ghostly
and unencumbered that they exist only on paper, or maybe as a brass
plate on some faraway foreign door. But it is the ships themselves
that truly embody the anarchy of the open ocean: they are possibly the
most independent objects on earth, many of them without allegiances of
any kind, frequently changing their identity, and assuming whatever
nationality, or "flag," allows them to sail as they please.
No one pretends that a ship comes from the home port
painted on its stern, or that it has ever been anywhere near. Panama
is the largest maritime nation on earth, and is followed by bloody
Liberia, which hardly exists. No coastline is required either. There
are ships that hail from La Paz, in landlocked Bolivia. There are
ships that hail from the Mongolian desert. The registries themselves
are rarely based in the countries whose name they carry: Panama is
considered to be an old-fashioned "flag," because its consulates
collect the registration fees, but "Liberia" is run by a company in
Virginia, "Cambodia" by another in South Korea, and the proud
"Bahamas" by a group in the City of London. The system, generally
known as "flags of convenience," began around World War II, but its
big expansion occurred only in the 1990s - and in direct reaction to
an international attempt to impose controls. By shopping globally,
shipowners found that they could choose the laws that were applied to
them rather than haplessly submitting as ordinary citizens must to the
arbitrary jurisdictions of their native states. The effect was to
lower operating costs - for crews and upkeep - and to limit the
financial consequences of the occasional foundering or loss of a ship.
The advantages were so great that even the most conservative and
well-established shipowners, who were perhaps not naturally inclined
to play along, found that they had no choice but to do so. What's
more, because of the registration fees that the shipowners could offer
to cash-strapped governments, the various flags competed for the
business, and the deals kept getting better.
The resulting arrangement, though deeply subversive, has an undeniably
elegant design. It constitutes an exact reversal of sovereignty's
intent, and a perfect mockery of national conceits. It is free
enterprise at its freest. And it is by no means always a bad thing.
I've been told, for example, that the cost of transporting tea to
England has fallen a hundredfold since the days of sail, and that
there are similar efficiencies across the board. But the efficiencies
are accompanied by global problems, too, including the playing of the
poor against the poor, the persistence of huge fleets of dangerous
ships, the pollution they cause, the implicit disposability of the
crews who work aboard, and the parallel growth of two particularly
resilient pathogens that exist now on the ocean - the first being a
modern and sophisticated strain of piracy, and the second its
politicized cousin, the maritime form of the new stateless terrorism.
These patterns are strong in part because they fit so well with
certain unchanging realities of the sea - the ocean's easy disregard
for human constructs, its size, the terrible strength of its storms,
and the privacy provided by its horizons. They are not, however,
vestiges of a swashbuckling past - though maritime traditions are
involved - but rather seem to be rooted in a new and particularly
calculated form of chaos. Though the morals and motivations are not
the same, there are striking similarities between the methods of
shipowners, al Qaeda-style terrorists, and certain pirate groups - all
of whom have learned to operate without the need for a home base and
more significantly, to escape the forces of law and order not by
running away but by complying with existing laws and regulations in
order to hide in plain sight The result has been to place the oceans
increasingly beyond government control. For public consumption in
cities like London and Washington, D.C., there are still brave words
about the promise of technology and the taming of the sea. Privately,
though, the officials who are charged with doing the work - whether
imposing navigational and safety standards on ships, or fighting
seaborne terrorism and criminality - now admit that unlike land or
air, the sea is a domain that can barely be policed. This is neither a
lament nor a forecast of doom, but a close observation of the ocean in
our time . The ocean is our world, and it is wild .
1. A SEA STORY
The Kristal was a typical casualty of the
anarchic sea. It was an all-purpose tanker, a steel behemoth 560 feet
long. It had been built in Italy in 1974, and for years had ridden the
downward spiral of the maritime market under a progression of names,
owners, and nationalities. By the winter of 2001, at the age of
twenty-seven, it was nominally Maltese. The ship belonged to an
obscure Italian family who owned it through a Maltese company that
existed only on paper, and that operated through several layers of
other companies, variously of Switzerland and Monaco.
Though the Kristal was well painted, and regularly passed
inspections, it was at least five years beyond the ideal retirement
age, and had grown decrepit and difficult to maintain. Its owners kept
it sailing anyway, apparently with the intention of squeezing a final
few years of profitability from the ship before selling it to other
operators still lower down the food chain or, if none could be found,
directly to a shipbreaker for the scrap-metal value of the hull. They
were unable to attract business from the major oil companies, most of
which try to apply stringent standards to the tankers they charter and
generally shy away from vessels past the age of twenty, but there were
other customers and cargoes available. Throughout the previous year
the Kristal had engaged in a globe-circling trade, by which it
carried molasses from India to Western Europe, kerosene from Latvia to
Argentina, and soy oil from Argentina around Cape Horn to India again.
The molasses was a sign of the Kristal's final decline: it is
the product left over from refined sugar, a cargo carried on the cheap
by ships that tend to be one step removed from the grave. There is
little risk to the principals involved - the customers and shipping
companies - because the hulls and cargoes are insured, and in the
event of an accident and a spill molasses disperses easily and
disappears without causing much trouble. It is no small matter in
choosing a ship that the same is true of Third World crews.
The Kristal's customer in February of 2001 was a subsidiary of
the big British sugar company Tate & Lyle, which had contracted with
the ship's owners to bring a full, heavy load of 28,000 tons of
molasses from two ports on the west coast of India to an as yet
unspecified European destination, which would be decided en route on
the basis of the market. The crew consisted of thirty-five men of
various nationalities, mostly Pakistani -about ten men more than usual
for a ship of this type, because they would need to carry out repairs
while under way. Most of the repairs consisted of chipping away at
rust that, under the paint, spread like a cancer across the main deck
and through the hull; there is evidence that important welding was
also being done. The crew knew about the Kristal's condition,
but were glad for their jobs. The captain was a forty-three-year-old
Croatian named Allen Marin - one of many such officers from formerly
Communist states, who are known to be competent and able to live on
low salaries. He was well liked by his subordinates, though some
thought that he seemed strangely uninterested in the technical aspects
of running the ship. It was noticed, for instance, that during the
important final loading of the molasses in India, he and the chief
mate, another Croatian, went ashore overnight, leaving supervision of
the work to a junior officer. No one objected. The attitude was to let
the captain have his fun. The Kristal was a run-down ship, but
a fairly happy one.
On February 4, 2001, it set out across the Indian Ocean
on a route that would go through the Suez Canal and the Strait of
Gibraltar. The days passed in monotonous succession, broken by the
routine of alternating six-hour watches, the anticipation of work and
of rest. During their time off the men ate and slept, and relaxed by
playing ping-pong or watching movies in the messrooms. They called the
super-structure where they lived the "iron house," because it was made
of metal and hemmed them in. It stood aft on the hull and rose five
levels above the main deck to the bridge. It was not uncomfortable,
but after a while it seemed small. The crew's conversations there were
almost exclusively about the ship, because after many months together
it provided all that was left to be said.
The Indian Ocean was calm. Word came that the destination would be
Amsterdam. There was a period of concern partway to the Red Sea, when
a portion of the deck suddenly bulged upward, breaking some welds.
Captain Marin reported the problem to the management company, and
received a private reply, presumably to carry on. Only one crewman
expressed grave concern. He was one of three Spaniards on board, a
bearish, bearded forty-one-year-old pumpman named Juan Carlos Infante
Casas, who despite his enormous physical strength had a reputation as
a worrier. Infante Casas's duties included operating the valves and
cargo pumps, and sounding the tanks from overhead on the deck. Like
the other Spaniards, both of whom were mechanics, he came from
Galicia, along La Costa del Morte, Spain's western Atlantic shore. He
had gone to sea out of restlessness as a young man, and had never
married, and still lived with his mother, to whom he was close. After
six months aboard now, he was looking forward to leaving the ship just
a few days ahead, at a scheduled fueling stop and partial crew change
in Gibraltar. In messroom conversation he said that he knew the
Kristal
too well to trust it on the winter Atlantic. The other Spaniards felt
more equable, though they, too, were scheduled to leave at Gibraltar.
The older of them was a lean, graying man nearly sixty, named Jose
Manuel Castineiras, who said that he neither regretted nor enjoyed his
life at sea but considered it to be his destiny. It was easier for him
than for his friend Infante Casas, therefore, when word came after the
Kristal passed through the Suez Canal that the stop in
Gibraltar had been eliminated: the ship would fuel instead at Ceuta,
on the Moroccan side of the strait, and the crew change would be
delayed until Amsterdam. That, too, was destiny.
The passage through the Mediterranean was uneventful. To
keep to schedule, Captain Marin maintained the full engine speed of 88
rpm, driving the heavy ship westward at 11 knots through six-foot
waves that were typically steep for that sea. The hull shuddered
sometimes, but it barely pitched, and it rolled side-to-side by only 5
degrees - not enough even to spill coffee. Spray wetted the forward
deck. The crew chipped rust. Life in the iron house continued
normally.
The Kristal arrived at Ceuta on February 24. A storm was
forecast for the Atlantic ahead, along the Portuguese and Spanish
coasts, and gale warnings were in effect farther to the north, for the
Bay of Biscay. Marin ordered 400 tons of bunker fuel, enough for
another twelve days. While the ship took on the fuel, Juan Carlos
Infante Casas went ashore and called his mother. When she answered the
phone, he said, "Hola España!" which is what he always said. He told
her that he was calling from Ceuta, and that his return to Galicia had
been delayed. He said he was worried about the ship. He asked about
the weather in Galicia. His mother reported that it was very nice.
But her view was limited, as land views are, to the
orderly little neighborhood that surrounded her, and to the sky
immediately overhead. At most she might have seen on television a
simplified prediction that tomorrow the sun would hide behind clouds.
While fueling in Ceuta, Captain Marin had access to more-sophisticated
forecasts, as well as to reports of troubles existing ahead - there
were ships out there having a hard go of it off Spain and France. In
earlier times he might have been expected to go gently on his aging
ship, and to wait in port until the weather had passed. But on the
modern free-market sea, where profit margins are slim, delays of even
a few hours seem unacceptably costly, and a captain who develops a
reputation for timidity will soon find that someone has taken his
place. As soon as the fueling was finished, Captain Marin ordered the
ship to get under way, and in the last hours before midnight of
February 24 he sent the Kristal sailing fast past Gibraltar and
on into the Atlantic night.
At once the ride grew rough. The swells at first were about twelve
feet high, black masses more felt than seen, through which the ship
bashed and rolled. The conditions as of yet were not worrisome: the
local winds remained light, and in technical terms the sea state
seemed to be only about Force 5, on a scale of twelve. Nonetheless,
the swells were evidence of a significant disturbance ahead, and the
barometer was falling, and it was clear that worse was yet to come.
Captain Marin maintained full engine speed. The weather's resistance
slowed the ship by about two knots as it fought northwestward to round
the Cape of Sao Vicente, on the Portuguese coast.
At 2:00 A.M. a twenty-five-year-old Pakistani deck cadet
named Naeem Uddin joined the officers on the bridge to begin his
regular six-hour watch. Uddin was a tall docile man who had grown up
in northern Pakistan, on the border with China, as the son of a
security guard. Under the mistaken impression that the merchant marine
would provide some of the discipline and pride of a naval career, he
had trained to become a deck officer at an academy in Karachi. After
three years aboard working ships he knew better now, but with debts
piled up behind him, and only three months of required sea time
remaining before he would qualify for his first license, he felt
committed to the life. To make the best of it, he provided the
discipline for himself, working hard without complaint and never
commenting on the wisdom of his superiors. He was not, however,
without judgment. When Uddin came onto the bridge, the second officer,
whose watch it was, told him that the autopilot was being overwhelmed,
and that he should take the helm and steer. This was one of Uddin's
standard duties, and of course he complied, carefully holding the
headings as commanded, but not without wondering, as the hours went
by, whether there wasn't some better way to handle the coming storm
than busting straight through.
Steadily over the next two days the weather grew worse. The Kristal
struggled northward in the open ocean off the Portuguese coast, headed
for a point abeam Spain's Cape Finisterre, where it would be able to
turn slightly eastward and take a straight line across the outer Bay
of Biscay for the entrance to the English Channel. The sea was so
rough that all work on the deck had stopped. Sleep was difficult,
movie watching nauseating, ping-pong a dangerous contact sport. Ships
coming from the north warned of still rougher stuff ahead.
By late afternoon on February 26 the Kristal was off-shore of
Galicia, in the vicinity of Cape Finisterre, and conditions by any
standard had grown severe. The sea state by now was at least Force 9.
To the men on the bridge, the ocean seemed to be coming apart. The
wind was howling out of the north, and there was a constant roar of
crashing water. Sheets of heavy spray rose to smash against the
bridge's wings. The waves were steep and breaking, and as high as
thirty feet. They regularly buried the bow, and sometimes swept across
the entire deck, engulfing the ship to the superstructure and filling
the aft passageways faster than they could drain. The view from a ship
of such conditions is in some ways a privileged one - a rare display
of the ocean's awesome power that may seem exhilarating even to a crew
engaged in the fight for survival. There is a home video of a violent
storm in the Mediterranean off Spain that was shot in December of 2000
from the bridge of a Greek-owned gasoline tanker named the Castor, in
which waves are seen burying the deck, and in the background the
Polish crew can be heard laughing and whooping with delight. That crew
proved foolish, because the Castor then cracked severely and,
threatening at any moment to sink or explode, embarked on what became
an epic voyage under tow as a "leper ship" that for six weeks was
refused entry by every port of refuge. Nonetheless, there is no
denying the abstract beauty of a heavy storm at sea.
But the crew of the Kristal knew their ship too well to indulge
in abstraction. At 2:00 A.M., when Naeem Uddin entered the bridge for
his watch, he found not only the scheduled second officer on duty
there but the chief mate and the third officer as well, both of whom
had stayed on past the end of their normal watches. To Uddin they
looked afraid, as was he. The blackness of the night was streaked with
the white of breaking waves. The ship was rolling and pitching
violently. Through the spinning clear-screens on the bridge's windows
he could see the familiar bow light moving wildly as the ship plunged
deeply into oncoming waves. It was just possible to make out the
masses of water boiling across the deck. When Uddin took the helm, he
found the ship difficult to steer. It was hogging over the crests,
surfing down the watery slopes, sagging and staggering through the
troughs, and slewing left and right by 20 degrees. There was no chance
of keeping the Kristal exactly on heading. Uddin fought back
with large rudder movements, trying to average the swings.
It was not Uddin's first experience with the Kristal
in a storm. The previous winter he had steered through similar waves
while bound for Ireland with another load of molasses, and he had
watched the ship rolling to 25 degrees, which was uncomfortably close
to the capsize threshold. On that occasion, however, the captain had
been another man, a Spaniard, who had ordered Uddin to turn the
Kristal
into the waves and slow it to its minimum maneuvering speed, easing
the ship's motion at the cost of a delay. This time, in contrast, the
captain was below in his cabin, and probably asleep. Captain Marin had
stood duty on the bridge for much of the time since leaving Ceuta, and
undoubtedly he needed to rest. Meanwhile, the helm's instrumentation
showed that the engine speed was still set at the full 88 rpm - as if
before retiring the captain had given an order to maintain speed at
all costs. Uddin was always aware of his low rank as a cadet, and he
continued to steer without comment, but this ride felt more dangerous
to him than any that had come before. Though the Kristal was
rolling less steeply than it had during the previous year's storm,
initially to only about 15 degrees, it was shaking, slamming, and
pitching severely through the waves. From the changes in vibration it
seemed that the propeller at times was cavitating, or perhaps coming
partially out of the water. In combination the motions were complex.
The ship would roll three or four times, bury its bow, and while
struggling upward oscillate more rapidly. Uddin realized that enormous
strains were being placed on a weak and rusty hull.
The officers on the bridge realized it too. They were openly anxious
about the ship's fate, and repeatedly asked each other, "What's going
to happen? What should we do?" The second officer radioed another
vessel that was out that night, running downwind from the north. He
asked about the ocean ahead. The answer came back that it was very,
very rough, with really high seas - meaning worse even than these. The
chief mate and the second officer discussed running for shelter on the
Spanish or Portuguese coast, but perhaps because this would have
involved gambling with a dangerous lee shore, they did not pursue the
idea. On several occasions when the slamming grew most intense the
chief mate asked Uddin to alter the course off-wind, 10 or 20 degrees
to the west, but each time the rolling grew so severe that he hastily
remanded the order and had the ship brought back to face the storm.
The best compromise seemed to lie among compass headings slightly to
the left of the weather, by which the ship took the waves on the
starboard bow. It wasn't much of a solution. The Kristal
continued to pitch and slam, and at the extremes rolled past 25
degrees, making it impossible for the officers to stand without
holding on, and causing loose objects in the bridge to crash.
Significantly, the chief mate did not rouse the captain, or take it
upon himself to break the schedule and reduce the engine speed.
Uddin's watch was shortened that night in recognition of the fight he
had put up to maintain control. He went below before dawn, had a cold
meal, and retreated to his cabin to rest. His cabin was on the galley
deck at mid-level in the superstructure, overlooking the main deck and
beyond it, the bow. It had a bunk a cabinet with drawers, and a
porthole covered by a curtain. Uddin undressed, put on nightclothes,
and lay in his bunk as usual with his head toward the bow and his feet
toward the back of the boat. By wedging himself against the bunk's
preventer-board he managed to sleep.
Uddin woke up to a series of severe jerks, accompanied by the crash of
crockery in the galley and the shouts of men. It was 12:30 in the
afternoon. He felt groggy and disoriented, and assumed at first that
the weather had turned worse, and that the ship must have rolled even
more heavily than before. But then he noticed that his feet were
higher than his head, and indeed that the floor of the cabin was
steeply slanted. The engine had stopped; there were no vibrations;
Uddin heard the splashing of water. He scrambled out of the bunk went
to the porthole, and drew aside the curtain. The scene outside sent a
jolt of terror through him: the hull had broken nearly in two from
below, and had folded down at the midpoint into a V that was awash and
flexing, hanging together merely by the skin of the deck. The ship was
dead in the water. Storm waves surged through the breach.
It was a confusing time aboard the Kristal. The men on duty up
on the bridge saw a cloud of steam rising from rupturing pipes as the
break occurred. Some of the crew later said that the Spanish pumpman
Juan Carlos Infante Casas was on a catwalk directly above the break,
despite the conditions at the time, and that he ran for his life
up-slope toward the superstructure, barely keeping ahead of the
advancing water. His friend, the lean, graying mechanic Jose Manuel
Castineiras, was in the messroom, finishing a lunch of chicken and
soup, when he felt a shock and heard the ship rupture. It made a sharp
crack like a cannon shot, and within seconds the deck pitched down. He
rushed outside onto a passageway, and clambered hand over hand up a
stairway to the deck above, where he and other crewmen broke out life
jackets and put them on. The general alarm rang. Without further
encouragement they began to gather at the assigned muster stations,
and prepared to abandon ship.
Later it was pointed out that even mortally wounded tankers tend to
float for a while, that molasses doesn't burn, and that there was no
need for such a hurry; the old adage was mentioned that sailors should
only step up into a lifeboat - meaning as a desperate last resort. But
let us be honest. This crew was not sitting in some office thinking
back on an event but, rather, enduring the chaos of the ocean in real
time, clustered on the tilted deck of a broken hull in a ferocious
winter storm, and facing the close prospect of death. The air
temperature was 39 and the water was only slightly warmer. The
Kristal
was equipped with an inflatable life raft in a canister and two open
lifeboats on davits, one on each side. Had the stern suddenly sunk, it
would have tangled the lines, dragged the lifeboats down, and possibly
taken the raft as well. It is regrettable that many of the men
panicked and that some had not dressed beyond the shorts and T-shirts
that they happened to have had on. But it is also understandable that
they hastily lowered the lifeboats to the level of their deck and
began to climb in. Captain Marin and the chief mate had been dining in
the officers' messroom when the accident occurred, and they quickly
climbed to the bridge. Marin got on the radio and broadcast the first
emergency call.
In his cabin, braced against the sloping floor, Naeem Uddin donned a
heavy sweater over his nightclothes, put on fresh coveralls and shoes,
and strapped himself tightly into a life jacket. Oddly, he heard no
alarms, and instead was impressed by the silence of the dying ship - a
quiet broken only by the crash of objects continuing to fall and the
rhythmic banging of his door, which had popped open and was swinging
with the ship's rolls. He staggered down the deserted hallway, went
through a watertight door, and pushed into the roar of the storm
outside. Perhaps ten minutes had passed since the breakup. He was the
last man to arrive at the port-side muster station, which was on the
leeward side of the ship.
By the time he got there, the port lifeboat was hanging just outboard
of the deck, and twenty-two of the crew had already climbed aboard.
The Croatian chief engineer was there, as were all three Spaniards and
a large number of ordinary Pakistani sailors. Uddin saw two
higher-ranking Pakistanis standing on the deck beside the boat -
including the third officer who had been on the bridge the night
before, and who now held a crew list and was checking off names. That
third officer was Kenneth Romal, a Karachi native not quite
twenty-eight. He was listening to shouted instructions and
reassurances from Captain Marin, who stood two levels higher, on the
port bridge wing. The men in the lifeboat were silent. Uddin climbed
into the bow of the lifeboat, which because of the ship's angle was
pointed slightly down. He noticed that the water below was thick with
molasses, and that the spilled cargo was calming the waves.
Third Officer Romal had a handheld radio with which he
could communicate with Captain Marin. Romal climbed in and sat in the
stern of the lifeboat, at the helm. After another ten minutes the
captain gave the order to abandon ship, and the chief mate, standing
one deck higher, used a brake arrangement to ease the port lifeboat
into the water. There were twenty-five men aboard. They unshackled the
boat from the cables, started the small diesel engine, and drifted
clear of the ship. From the bridge wing the captain radioed for them
to stand by in case of difficulties as, next, the chief mate lowered
the starboard lifeboat, with an additional eight men aboard. It
rapidly faded into the storm and disappeared from view.
Captain Marin and the chief mate were alone now on the ship. Some in
the port lifeboat argued for returning to try to pick them up, but the
captain insisted by radio that the ship was about to sink and that
they should steer clear. It was an extraordinarily brave gesture - a
private display of honor by a man who must have known that his own
captains ashore, those shadowy companies whose schedules he had so
dutifully served, would never have taken such risks for him. For the
moment, at least, this did not seem to matter. He and the first mate
checked the ship for stragglers, deployed the life raft, jumped down
into it, and floated free.
Aboard the port lifeboat the crew had already lost sight of the
Kristal. The suddenness with which they found themselves alone was
almost as frightening as the facts that faced them. They had no idea
of their destination, or even if their plight was known. Third Officer
Romal was steering skillfully. But they were twenty-five sailors
without survival suits on a bitterly cold ocean, moving among
mountainous seas in a small open boat, battered by wind and spray.
They veered between roaring breakers any of which could have rolled or
swamped their fragile vessel. Sitting at the bow with the masses of
water hissing and rearing over-head, Uddin tried and failed to
estimate the size of the waves. They were later said to be thirty feet
high - a clinical measure that does not convey the sea's true
dimensions for the Kristal's terrified castaways. Romal kept
cautioning the men to stay calm, but with limited success. Uddin and
several others remained functional. But one man was seasick and
vomiting, and many of the others were seized by a dangerously
unreasoned, animalistic craving to survive. Romal was able to maintain
control for a while, but the storm pressed in relentlessly, and did
not allow his men the space to collect their minds.
It is useful to remember the reductive effect that fear has on
thoughts and reactions: whether during shipwrecks or in other
disasters, a sort of tunnel vision may set in and narrow people's
views. There is another story that comes to mind. It took place three
years before the Kristal's demise, on a similarly old and rusty
ship named the Flare, which set off from Rotterdam on a stormy winter
crossing to Montreal. The Flare was a dry-bulk carrier, flagged in
Cyprus, and it had a multinational crew of twenty-five. The voyage was
extremely rough, with waves exceeding fifty feet. For two weeks the
Flare slammed and whipped, flexing so wildly that, according to one
survivor, the deck cranes appeared at times to be touching. As it was
approaching the Canadian coast late one night, the Flare broke cleanly
in two. The entire crew was on the stern section, which listed to the
side and began to sink. Strangely, the engine continued to turn,
slowly driving the hulk on an erratic course through the night. The
crew managed to launch one lifeboat, but it broke away before anyone
could climb aboard. The men were panicked, and ultimately twenty-one
of them died. But before the end on the sinking stern, there was a
moment of savage euphoria when a ship floating in the opposite
direction suddenly loomed out of the darkness ahead, as if it were
coming to rescue them. The terrified men cheered. To their horror they
then saw the name FLARE written on the side. It was of course their
own detached bow section, and it passed them by.
Something similar happened to the crew in the Kristal's port
lifeboat: they never saw the Kristal again, but at the top of a
wave Uddin spotted another ship coming toward them; the men responded
euphorically, and immediately allowed tunnel vision to set in, with
only one goal in view, which was the salvation to be found on that
ship's deck. Apparently they gave no thought to the difficulty of
climbing a ship's sides in such seas, and never discussed the
possibility of waiting for helicopters and rescue divers, which could
quickly have been brought into play. Third Officer Romal seemed to be
as single-minded as the others: he headed the life-boat at full speed
for the ship, while the excited men fired off rocket flares. On the
handheld radio Romal began broadcasting, "Mayday! Mayday! This is
Kristal Lifeboat Number One, with twenty-five men on board!" He
repeated this several times until the ship answered. It took twenty
minutes to close the distance.
The rescuer was a Panamanian-flagged gas carrier named the Tarquin
Dell, with a Filipino captain and crew. Gas carriers are
high-sided vessels, and this one was particularly so, with a deck
about thirty feet above the waterline, because it was riding empty.
For the same reason, the Tarquin Dell was difficult to maneuver
in the storm, and prone to heavy rolling. The captain managed to turn
it beam-on to the waves in an attempt to shelter the waters on the
downwind side. The lifeboat circled around the stern and tucked in
close against the ship's hull. Far above, on the Tarquin Dell
deck, sailors in life jackets stood along the railing, holding on
against 30-degree rolls, and attempting to lower light "heaving lines"
to which the lifeboat's bow and stern lines might be secured. This
proved almost impossible to accomplish; the Dell's sailors were trying
to tie one-handed knots on a rolling deck, and the few lines that they
did secure broke. They kept at it. The situation in the lifeboat was
nearly uncontrollable. Many of the crewmen were crying and shouting,
and the boat was brutally slamming against the ship's unyielding hull.
At the bow, Uddin broke a boathook while fending off, and then
continued to work with the stub. The storm waves seemed to be
undiminished by the Tarquin Dell's mass. One of them rose so
high that it came to within a foot of simply depositing the lifeboat
on the ship's deck. But then the boat dropped away, and the final line
broke. The boat started drifting rapidly forward and the Tarquin
Dell's crew ran along with it, until one of them heaved a heavy
"messenger line" into the center of the crowd below.
At that point things went very wrong. Rather than securing the line to
prevent further drift, a cluster of desperate men grabbed it, each
higher than the other, until very quickly they were standing, half
hanging from the line, and unbalancing the lifeboat. For the last time
Third Officer Romal shouted desperately, "Sit down! Calm down!" But
then a large wave broke over the boat, and the boat swamped and
tilted, and all but one man, who was sitting toward the stern, were
washed into the Atlantic Ocean.
Despite their life jackets, most seem to have gone deep. The
gray-haired Spaniard Jose Manuel Castineiras felt the tangle of
flailing legs and arms as he fought his way back to the surface. When
he emerged, he saw that the lifeboat was flooded and floating low in
the water, and that the man who had not washed out was still sitting
upright in place, but that he was dead. He was a Pakistani "galley
boy," fifty-some years old, and the first of the Kristal's
crewmen to die. Castineiras swam to the lifeboat and somehow crawled
in. Several others followed. The Tarquin Dell had pivoted in the wind
and drifted some distance away, and it was no longer providing
protection from the storm. Rolling heavily, it began a series of
difficult maneuvers to set itself up for another try.
When Naeem Uddin was washed out of the lifeboat, he heard the screams
of others before the ocean closed over his head. Time then slowed for
him. He felt himself sinking as his life jacket started sliding up his
chest, because, astoundingly, like other life jackets provided by the
Kristal, it was not equipped with a crotch strap. He grabbed the
life jacket with both hands before it escaped over his shoulders, and
he rode it to the surface. When his head emerged from the water, he
found himself in a wilderness of waves, with neither the ship nor the
lifeboat in sight. Three other crewmen floated within view, including
the burly, black-bearded pumpman Infante Casas.
The ocean was shockingly cold. Eventually, from the top of a large
wave, Uddin spotted the lifeboat and in the background the Tarquin
Dell. Holding his life jacket to his chest with one hand, he began
to swim. He had on his night-clothes, his heavy sweater, his
coveralls, and his shoes. He used an improvised sidestroke and,
because of the life jacket, stayed mostly on his back. This meant that
when occasionally he caught sight of the lifeboat, it appeared upside
down and above his head. He navigated by those sightings. He swam for
fifteen minutes or more, past crewmen floating helplessly. At times he
cried. He knew he was going to die, and he wondered what it would be
like, if he would feel pain. The cold water had hurt him at first, but
it no longer did. He had visions of his mother, his father, his
sister, his brothers. He recited a Muslim prayer in preparation for
the end. He said, "There is no god but God, and Muhammad is the last
prophet of God." When he got to the lifeboat, he noticed that it was
riding nose-high in the water because there were five men in it,
including Castineiras and the dead emerged galley boy, and they were
all sitting at the stern. Uddin tried to crawl aboard, and was
surprised to find that he lacked the strength. He hung onto a rope
until he found a way to drape himself over the lifeboat's gunwale and
roll in.
Later another Pakistani sailor arrived. and Uddin helped him aboard.
They sat toward the bow for balance. The waves were relentless. There
were now seven people in the lifeboat, and eighteen in the water,
mostly out of sight. The Tarquin Dell was back in action, providing
its limited lee shelter, and with an innovation: a heavy rope strung
in a loop from bow to stern, to which the men in the water could
cling, and the lifeboat could be attached. But the situation was grim.
Uddin and Castineiras both saw dead bodies floating nearby. For the
men still alive, the Tarquin Dell's sailors threw life rings into the
water, and dangled ropes and a rope ladder over the side. After a
while Infante Casas swam up, holding his life jacket under one arm.
Castineiras thought that Infante Casas got into the lifeboat, and
Uddin thought that he did not. What is certain is that Infante Casas
grabbed a dangling rope with his powerful arm, and that a wave washed
over him, and he was gone.
It seemed obvious by now that others were disappearing too. Uddin
decided to take matters into his own hands. He slid out of the
lifeboat, swam along the Tarquin Dell, and despite being
slammed repeatedly against the hull, caught the rope ladder and began
to climb. The climbing was slow. Uddin's leg was badly cut, and it was
warm with blood. The ladder swung violently as the Dell rolled, and
waves continued to clutch at him, sapping what little of his strength
remained. About halfway up the side of the ship, bruised and battered
and still vulnerable to the ocean's surface, he simply could not move
anymore. He did not pray or think of his family then; his mind was
empty. He hung on. Vaguely, he felt someone grab his collar from
above. It was a strong grip, and he fainted.
When he regained consciousness, a few minutes later, he was lying in a
small room along with three other survivors - the only Kristal
crewmen who ever actually found the sought-for safety of the
Tarquin Dell's deck. All of them were blue with cold. Someone gave
Uddin a bowl of soup. Someone bandaged his leg. The captain of the
Tarquin Dell came and said that a helicopter was on the way. Soon
afterward, Uddin heard the whacking of its blades.
The helicopter was a bulbous Sikorsky, with a rescue diver and a
winch. It had come from La Coruna, an old port city on the Galician
coast, a half-hour flight away. The pilot was a local star, a man
universally known by his first name, Evaristo. He went after five men
still loose and alive in the water, winching them up in a double
harness, two at a time; then he swung over to the flooded lifeboat and
picked up the survivors there, too. Castineiras was the second to last
to leave. By then another helicopter was coming onto the scene.
Evaristo flew his load of hypothermic survivors to the hospital in La
Coruna. By the time he got there, one of them had gone into cardiac
arrest. The sailor was rushed into the emergency room and revived.
Evaristo headed immediately back to sea to find the dead and search
for the missing. The second helicopter meanwhile had easily retrieved
Captain Marin and the Kristal's chief mate from their life
raft, and had rescued the eight men in the starboard lifeboat too.
Uddin and the three others aboard the Tarquin Dell were the
last to be plucked from the scene.
In business terms the damage control began within hours. As the crew
recovered in La Coruna, at the hospital and at a hotel, the Kristal's
managers sent a representative to the city, and employed guards to
keep unauthorized visitors away - meaning mainly the press. They hired
a crisis-management public-relations firm in London, issued a terse
statement of regret, and endured a few days of national coverage in
Spain before the news of the disaster faded away. The survivors were
rapidly repatriated to the far points of the globe, and were paid
their salaries to the end of their contracts, as the contracts
required. The families of the dead were offered lump sums by the
Kristal's insurance company, in London. To receive this money, the
families first had to sign "quitclaims" promising not to pursue
further action. Against the advice of the international seafarers'
union, almost all of them signed. The amounts were kept private, and
involved commitments to silence, but it is known that most were small
that the payouts varied according to nationality, and that the Spanish
got the most, because before they signed the quitclaim they made a
little fuss.
The Kristal broke entirely in two, and floated for several days
until first the bow section sank, and then the stern. As for the human
tally, eleven men had died, almost a third of the Kristal's
crew. Only four of the bodies were ever retrieved. Among those who
were never found was Infante Casas. It seemed poignant and strange
that the Spaniard had sailed the world for years, only to die here,
off his own Galician shores; when Castineiras left the hospital, it
took him less than an hour to make the trip home from La Coruna. But
perhaps the saddest loss of all was that of the one sailor who by
measure of his performance should have survived - the young,
level-headed Third Officer Romal. After he was swept from the
lifeboat, he was never seen again.
II. The ILLUSION OF CONTROL
The frustration is that a large body of regulations
exists to keep such maritime disasters from happening. Most of the
regulations are generated by the Inter-national Maritime Organization
(IMO), a United Nations agency based in London, which since 1959 has
issued a plethora of technical standards covering every aspect of the
operation of large ships at sea. The Kristal was designed,
built, and maintained to full IMO standards, and operated under the
well-known maritime authority of a modern democratic state (Malta). It
passed both scheduled and spot inspections on a regular basis. It was
supervised and approved by the designated agencies, and its safety
procedures were formally acknowledged to be in compliance with all the
applicable standards. Its crew knew, of course, that the Kristal
was an unsafe ship, rusting away beneath its paint, harried by its
owners, and probably as a result handled recklessly. But when the ship
was boarded by official inspectors whose role in principle should have
been to intervene, the crew treated the visits as distractions that
were mostly irrelevant to their lives. When I finally tracked him
down, Naeem Uddin mentioned the crew's attitude toward inspections
without any indication that the crew might have made a mistake, though
he had suffered the consequences, and even two years after the
accident remained visibly traumatized.
The point is, the ocean may look tight in print, much as many failing
nations still do by formal description-but the entire structure built
to regulate it is something of a fantasy floating free of the
realities at sea. The IMO is a typically idealistic construct for
bringing order to the world-a democratic assembly of 162 member
nations, all of them determinedly equal, who work with the assistance
of a technical staff and the consultations of accredited
non-governmental groups to establish regulatory packages known as
conventions, which the individual member states are then free to adopt
(or not) in their sovereign maritime laws. The enforcement of those
laws is a separate question, and it is spotty, because the arrangement
allows the IMO no enforcement powers of its own. Most of the
individual states have neither the expertise nor the inclination to
enforce their own official standards, and they rely instead on
independent technical organizations known as "classification
societies," which are not hired by the states but, rather, selected
and paid for by each ship's owner. The fact that this is a conflict of
interest is not allowed to intrude. The IMO has been influential
nonetheless, and indeed has become the universal reference for life at
sea. Thumbing through the international conventions, hefting the books
of regulations, or browsing the logbooks and certificates required to
be carried aboard a ship, one might easily conclude that thanks to
good government in London, the world of shipping is completely under
control. But from the point of view of increasingly disillusioned
regulators, the documents that demonstrate compliance are so easy to
manipulate that they can be used as a facade behind which groups or
companies can do whatever they please.
During the 1990s, even as international regulations multiplied,
disorder on the high seas grew dramatically. However, this was not
necessarily obvious to officials. They continued to see the ocean in
tidy governmental terms as a place subject to civilization, where
navies projected national power, and merchant ships sailed however
reluctantly under effective IMO controls. It was a view of the world
still possible at the end of the twentieth century - an illusion of
progress and community that was demolished twenty-one months later.
Since then in the United States many officials have come to regard the
ocean with grave concern, believing that a full-blown maritime attack
would make September 11 seem puny by comparison, that such an attack
currently poses the most serious threat to national security, and that
when the attack comes, it will involve the use of merchant ships. They
may well be right. Ships can deliver a big punch, and their importance
to world commerce practically ensures that in the reactions that
follow, major self-inflicted damage will be done.
Out beyond the horizon there is evidence that al Qaeda
and related groups are indeed nautically minded and have been since
well before September 11. On January 3, 2000, al Qaeda and some of its
affiliates conspired to ram a fiberglass workboat heavily loaded with
explosives against a U.S. destroyer named The Sullivans in the
Yemeni port of Aden. The attack was aborted after the boat nearly sank
under the weight of the explosives. The terrorists learned their
lesson. Later that same year, in the same port, they loaded a boat
properly and blew a forty-foot hole through the hull of another
destroyer, the USS Cole. Seventeen sailors were killed, and
thirty-nine were wounded. It was early October of 2000 - September 11
minus eleven months. In response the U.S. Navy tightened its warships'
defenses. Other than that the attack on the Cole had little
effect. Again, the terrorists appear to have learned a lesson -
possibly about the inefficiency of hitting purely military targets,
glorious though such targets may be. Two years later another small
boat darted out from the Yemeni shores, and it exploded against the
Limburg, a French supertanker loaded with crude oil. The ship
caught on fire and spilled oil, and one sailor was killed. This time
the damage was magnified by increases in insurance costs for ships
calling at Yemeni ports and a corresponding drop-off in traffic, as a
result of which the Yemeni economy has suffered. True, if the goal was
to hit at the West, hurting Yemen hardly constituted a major blow, but
the sophistication of the choice to attack a civilian ship was noted
with concern around the world and it spread damage merely by raising
the question of what would come next. A cruise ship full of Americans?
A European ferry? A tanker in the Strait of Hormuz? A freighter off
Gibraltar? Already the navies of the United States and its allies have
their hands full with escort duties and patrols. And the ocean is a
very big place. With deliberate preparation and the occasional
well-placed attack, a few men with small boats can keep the navies
churning for years.
But the real concern is not so much the vulnerability of merchant
ships as it is their use by terrorist groups. Osama bin Laden is said
to own or control up to twenty aging freighters - a fleet sometimes
dubbed the "al Qaeda Navy." To skeptics who wonder why bin Laden would
want to own so many of them, the explanation quite simply is that he
and his associates are in the shipping business. Given his need for
anonymity, this makes perfect sense - and indeed it reflects as much
on the shipping industry as on al Qaeda that the connections remain
murky. Such systematic lack of transparency is what worries U.S.
officials when they contemplate the sea. The al Qaeda ships are
believed to have carried cement and sesame seeds, among other
legitimate cargoes. In 1998 one of them delivered the explosives to
Africa that were used to bomb the U.S. embassies in Kenya and
Tanzania. But immediately before and afterward it was an ordinary
merchant ship, going about ordinary business. As a result, that ship
has never been found. Nor have any of the others.
A measure of American frustration was an executive order signed by
President Bush in July of 2002, expanding the U.S. Navy's authority to
intercept merchant ships on the high seas. The target has always been
larger than just the al Qaeda fleet of freighters: the government
maintains a watch list of several hundred suspect ships, whose names
are constantly being legally changed and painted over to avoid
detection, and it recognizes that terrorists, with or without a crew's
knowledge, may use almost any kind of ship, from a dhow to a
supersized freighter. Therefore the search has been large, and
enormously expensive. It has extended through much of the world's
ocean and has been carried out by the navies of the United States and
its allies. By rough calculation NATO forces so far have intercepted
more than 16,000 ships, and they have boarded and searched about 200
of them. For all that, there have been only a few rather modest
successes. For example, after an operation in July of 2002 that
involved warships and airplanes from four NATO nations (not including
the United States), four suspected al Qaeda operatives were found on a
couple of freighters in the Gulf of Oman, and were transferred to a
holding pen at the American base in Bagram, Afghanistan. The following
month fifteen Pakistani suspects on another ship were captured by the
Italians in the Mediterranean, after the ship's captain grew
suspicious and turned them in. The ship had been renamed five times in
the previous three years, most recently as the Sara. It was flagged in
Tonga and owned by a Greek, who operated it through a company named
Nova Spirit, of Romania and Delaware. American officials said that the
company was involved in human smuggling - an allegation that the owner
vigorously denied. According to the captain, the Pakistanis had joined
the ship in Casablanca, at the owner's insistence. Though they had
claimed to be seamen, and had carried seamen's documents, they
demonstrated no knowledge of ships, and to a man grew seasick when the
Sara sailed through a storm. The captain said that they threatened the
crew. If so, as terrorists go they were inept. Because they were found
with false passports, large amounts of cash, maps of Italian cities,
and unspecified evidence linking them to purported al Qaeda operatives
in Europe, they were charged with conspiracy to engage in terrorist
acts. Pakistan refuted the charges, and claimed that Italian
authorities had bungled the investigation. By this summer the
Pakistanis' plight had drawn the attention of human-rights activists.
But the men remained under lock and key.
Italy took a softer line in two other encounters. In February of 2002
eight suspected al Qaeda terrorists disembarked from a Nova Spirit
ship in Trieste with false documents and ultimately disappeared. A
more bizarre case had occurred several months earlier, in October of
2001, when port police in the southern city of Gioia Tauro found a
forty-three-year-old Egyptian-born Canadian citizen named Amid Farid
Rizk inside a Maersk Sealand container. Rizk is now known to some as
"Container Bob." His box had been loaded in Port Said, Egypt, and was
being transferred in Italy to a ship bound for Rotterdam, where it was
scheduled to be transferred again, this time for the final destination
of Halifax, Nova Scotia. It is said that Rizk was discovered when the
Italian police heard him drilling additional ventilation holes. He was
a man who apparently liked his comforts. When he emerged he was
clean-shaven, neatly dressed, and obviously well rested. The container
was equipped with a bed, a toilet, a heater, a water supply, a cell
phone, a satellite phone, and a laptop computer. Investigators also
found cameras; a valid Canadian passport; maps and security passes for
airports in Canada, Thailand, and Egypt; a Canadian aircraft-mechanic
certificate; and an airline ticket from Montreal to Cairo, via Rome.
The use of containers to gain entry to North America is a
well-established trick, part of the vast volume of human smuggling
that relies on the far vaster volume of ordinary trade to penetrate
the borders. And though the customers willing to transport themselves
this way often arrive in very poor shape (indeed, sometimes dead),
Cadillac containers like Rizk's have been seen before. Still, Rizk
never adequately explained his setup, or why as a Canadian citizen he
had not simply flown. Upon his arrest he hired an attorney named
Michele Filippo Italiano, whose services I can recommend. Italiano
said that Rizk's decision to travel in a container was completely
innocent: "He had fallen out with his brother-in-law in Cairo and
feared he would be prevented from leaving Egypt." An Italian court
released Rizk on bail in November of 2001, at which point he vanished,
leaving no trace.
A more serious threat is posed by the inanimate cargo that containers
may hold. The fear on everyone's mind is that a nuclear device, or
some other weapon of mass destruction, will pass through a port with
little chance of being discovered, and subsequently be ferried with
dead-on precision to any target desired. An example of the damage a
portside attack could cause is an explosion that occurred in Halifax
harbor on December 6, 1917, after a French munitions ship collided
with a Norwegian freighter. The French ship caught on fire, drifted to
the city's waterfront, and blew up. Witnesses said that the sky
erupted with a cubic mile of flame, and that for the blink of an eye
the harbor bottom went dry; more than 1,630 buildings were completely
destroyed, another 12,000 were damaged, and more than 1,900 people
died.
Despite their expanded authority to run intercepts,
there is very little that allied navies can do to police container
ships. Aboard the transporting ships the containers are stacked
tightly and high, and most are impossible to get at. Moreover, speed
is the essence of the container business: the ships move fast and on
schedule, and any act of interference that did not immediately produce
results would raise an outcry not just among shipping companies but
among manufacturers and businesses of many sorts in every corner of
the world. Without absolutely certain intelligence - there is a
specific device, in a specific box, on a specific ship - the navies
simply can't get in the way. This leaves NATO, in its hunt for
terrorists, probing through the murk among all the other kinds of
ships that could carry equally dangerous cargoes. The idea is to keep
the pressure on, officials say. They have begun to explain the lack of
results as a measure of success.
The truth is that naval patrols hardly matter at all. It's not that
they are a bad thing, or might not occasionally turn something up, but
that they are national tools best applied against nations, and have
little effect against ephemeral gangs on the open ocean. This may be
difficult to grasp, because a warship coming over the horizon does
instill fear, and the struggle against al Qaeda is too young to make
the lack of deterrence clear. But there is longer-standing evidence
that can be brought to bear. It is the growth and persistence of a
modern form of extra-national piracy that plagues large swaths of the
ocean, and has escaped every sea-based effort at control. On a global
scale this sort of piracy is more a nuisance than a threat, but it is
a significant phenomenon nonetheless, because it requires no base, and
it mimics normal operations where even legitimate ships fly false
flags and swap names. Though it is apolitical by nature, it is
structurally very similar to the terrorism now faced by government
forces.
The pirates involved are ambitious and well organized, and should be
distinguished from the larger number of petty opportunists whose
presence has always afflicted remote ports and coastlines. The new
pirates have emerged on a postmodern ocean where identities have been
mixed and blurred, and the rules of nationality have been subverted.
Scornful of boundaries, they are organized into multi-ethnic gangs
that communicate by satellite and cell phone, and are capable of
cynically appraising competing jurisdictions and laws. They choose
their targets patiently, and then assemble, strike, and dissipate.
They have been known to carry heavy weapons, including
shoulder-launched missiles, but they are not determined aggressors,
and will back off from stiff resistance, regroup, and find another
way. Usually they succeed with only guns and knives. Box cutters would
probably serve them just as well. Their goal in general is to hijack
entire ships: they kill or maroon the crews, sell the cargoes, and in
the most elaborate schemes turn the hijacked vessels into "phantoms,"
which pose as legitimate ships, pick up new cargoes, and disappear.
Because of the scope of their ambitions, these gangs are responsible
for the theft of much of the cargo stolen on the high seas, though
they seem to perpetrate relatively few attacks. Given the murkiness of
the world they inhabit, the numbers are difficult to calculate. Of
1,228 pirate attacks reported worldwide from 1998 through 2002, about
a fourth were on ships under way, and of those about sixty-eight were
major, involving gangs of ten pirates or more. It's safe to assume
that some in the gangs were repeat offenders. Among them during the
five years in question they hijacked perhaps twenty-five large ships.
The violence was not evenly distributed throughout the world. Though
piracy posed problems off the coasts of South America, Africa, and the
Indian Subcontinent (and occurred in the midst of NATO's sea hunt for
al Qaeda), roughly two thirds of the activity was concentrated in just
one region - the area of the South China Sea, including the waters of
Indonesia and the Philippines. The problem, in other words, would seem
finite. Gazing at a map from the confines of land, one might think
that with some sea and air patrols, and maybe the "expanded authority"
to perform intercepts at sea, order could be imposed. But that
authority already exists, and those patrols are being run, and the
numbers have only wavered, and order has not come.
III. THE NEW PIRACY
Paradoxically, the place in the region that ought to be
the easiest to police is in fact the one most plagued by piracy. It is
the Strait of Malacca, a narrow water-way roughly 550 miles long,
flanked by tidy Singapore and Malaysia on one side, and chaotic
Indonesia on the other. Because it provides a shortcut between the
Pacific and Indian Oceans, as many as several hundred ships pass
through it every day - most of them under great pressure to save time.
Merchant crews understand the dangers there, and they try to post
additional lookouts when sailing through. On some ships they even
train to repel boarders, and to fight them with high-pressure fire
hoses if they reach the deck. But crews are often shorthanded, and
they may be too overworked to bother with training exercises of any
kind beyond the minimal safety drills, and too tired to stand careful
guard.
The latter appears to have been true on the Alondra Rainbow. It
was a nearly new 370-foot general-cargo vessel owned by a one-ship
company in Japan through a subsidiary in Panama, where it was
registered. From bow to stern it was a trim and functional ship. The
bottom was red, the sides dark blue, the cranes and derrick beige, the
superstructure white. The funnel was painted in broad stripes - blue,
white, red, white, and blue again. The stripes were an affectionate
touch. The Alondra Rainbow was young and even jaunty.
In the fall of 1999 it was engaged in the tramp trade, picking up
cargoes where it could, and working primarily between the Malay
Archipelago and Japan. It was crewed by fifteen Filipinos working
under the command of two Japanese officers - a sixty-eight-year-old
captain named Ko Ikeno, and a chief engineer named Kenzo Ogawa, who
was sixty-nine. Both of these officers were lifelong seamen. Captain
Ikeno had graduated from the Tokyo University of Fisheries, and had
gone to sea when he was twenty-five, in 1956. Eleven years later he
had assumed his first command, and with the exception of four years
spent on land, he had inhabited the ocean ever since, serving as the
master of cargo ships and trading in various corners of the world.
Ikeno was a more careful captain than Allen Marin, of the Kristal,
but fundamentally he was a typical merchant master - not some distant
figure with braid on his shoulder but a modestly paid working man in
ordinary clothes, a technician whose thinking had been subtly elevated
by the responsibilities that he bore. It is not clear whether Ikeno
ever loved the ocean; few merchant mariners do for long. Later it
certainly came to terrify him. But like others he had a family ashore,
and he was a reliable, almost stolid man, who simply made his living
this way.
On the morning of October 17, 1999 after an uneventful crossing of the
Java Sea, the Alondra Rainbow arrived with empty holds at the
outer anchorage of Kuala Tanjung, an equatorial port dominated by an
aluminum smelter on the Indonesian island of Sumatra west and north of
Singapore, at roughly the midpoint of the Malacca Strait. Captain
Ikeno posted a normal pirate watch through the night, and in the
morning eased his ship into the port, to an assigned berth. Over the
next five days the Alondra Rainbow took aboard a full load of
6,972 bundles of aluminum ingots, each bundle weighing about a metric
ton, or 1,000 kilograms. The work was unhurried, as loadings go. It
was supervised by the ship's chief mate, a Filipino with the musical
name of Voltaire Lapore. The cargo had a value of about $10 million,
which happened to be the value of the Alondra Rainbow as well.
Captain Ikeno's job was to shepherd this $20 million package 3,300
miles north across the open ocean to Omutashi, Japan, on the southern
island of Kyushu. Once free of the Malacca and Singapore Straits the
route would take the ship through the waters between the Malay
Peninsula and the island of Borneo, across the South China Sea past
the Philippines, past Taiwan, and finally across the East China Sea.
The trip would require about a week. In preparation Captain Ikeno had
the ship fueled.
Only ten weeks remained in the twentieth century. As always, the air
at Kuala Tanjung was hot and humid. Local chandlers came aboard with
their supplies and paperwork as did the port's hawkers, who scampered
up the gangway and sold directly to the crew. The hawkers' goods were
global things like garish radios and running shoes, many of them
stolen from other ships. They haggled in broken English, the language
of the sea. It was a typical port scene, too industrialized to seem
exotic, but beneath its machinery and concrete, much wilder than it
appeared to be. By late afternoon on October 22, the Alondra
Rainbow was ready to sail. The sun set behind Sumatra at 6:06 P.M.
Two hours later, after maneuvering to clear the dock the ship got
under way. By the time it cleared the outer anchorage and was headed
down the Malacca Strait, the deep night had fallen. The crewmen were
tired as usual after a stay in port as much because of the disruption
of their sleeping patterns as because of any work or drinking they
might have done.
The bridge was darkened to allow the watch to see
outside. Captain Ikeno stood duty there, along with the ship's third
officer and a helmsman steering by hand. The steering was passive on
such a calm night. Occasionally Captain Ikeno asked for a heading
correction or a small turn. The Alondra Rainbow moved to the
southeast at a moderate speed, barely trembling with the exertion. An
almost full moon illuminated the waters from high overhead. The
ocean's surface drowsed in the balmy air; it foamed with the ship's
passage and rose into little waves in the wake, but shortly settled
down again and slept. In the moonlight that wake would have been
clearly visible to anyone looking back from outside on the bridge's
wings, but the seamen's attention was focused necessarily on what lay
ahead. There were islands around, dark masses, some sprinkled with
lights. Among them moved ships, ferries, and coastal craft - obstacles
that appeared as masthead lights, or as ghostly shapes, or not at all.
Despite radar's appeal as an all-knowing eye, the smaller vessels
would have been invisible to it, and even some of the larger ones
might occasionally have been missed. As an experienced mariner,
Captain Ikeno was aware of these dangers, of course. But eventually he
felt he had the necessary space, and he accelerated the Alondra
Rainbow to its full 13 knots. At 10:00 P.M. he ordered the helmsman to
switch on the autopilot and set in an east-southeasterly heading of
113 degrees, outbound for the Singapore Strait and the ocean beyond.
Having reminded the third officer to keep a careful lookout for
pirates, he left the bridge for his quarters, one deck below. He
intended to relax, draft a departure telex to the ship's owners, and
take a bath. A few minutes later, with the moon now directly overhead,
the Alondra Rainbow came under attack.
The assault was not a casually opportunistic act - yet another case of
native fishermen suddenly striking at passing wealth - but, rather,
the culmination of an elaborate plot. The operational phase appears to
have started nearly three weeks earlier, with a meeting in a coffee
shop at the port of Batam, Indonesia, just across the strait from
Singapore. At least two of the future pirates were there - a local
resident and ship's engineer named Burhan Nanda and a Sulawesian named
Christianus Mintodo. Both men were middle-aged. Mintodo said he held a
master's certificate, variably from Honduras or Belize. Both men were
short and slight but physically tough, and undoubtedly they had spent
hard years at sea. Mintodo in particular had a dangerous air, a quiet
voice and restrained demeanor belied by a ruthlessness that was
obvious in his eyes. It is presumed that he knew Nanda already, and
that both men had been involved in piracy before. They were joined at
the table by a recruiter for the current venture, an "employment
agent" who went by Yan, or Yance, Makatengkeng, and who outlined the
plan. Makatengkeng has since become a fugitive from justice, though at
little risk of being found. He was serving as an agent for the real
power, an anonymous figure known simply as "the Boss." This man is
believed by investigators to be Chinese, though such distinctions mean
little on the ocean today.
For the pirates in Batam the Boss was a disembodied voice on a
throwaway phone. He telephoned Makatengkeng at the coffee shop and
welcomed the new "officers" aboard. The conversation would probably
have seemed legitimate to anyone listening in. The words were those of
an honest employer, working through an honest agent to hire an honest
crew: Christianus Mintodo was to be the captain of a ship, Burhan
Nanda his chief engineer. The setup reflected normal arrangements on
the high seas. All that was required was a slight shift of a word or
two, or even just of implication, to unleash the mayhem that followed.
But intricate planning was involved, most of it logistical. Mintodo
and Nanda flew to Jakarta, on the northern tip of Java, where they
hired a port service boat to ferry them to the Sanho, an old
freighter lying inconspicuously in the outer anchorage. The Sanho
was a pirate ship, pure and simple. It was financed by the Boss or his
syndicate and commanded by a man who called himself Marnes Zachawarus
and is now another fugitive from justice. While lying off Jakarta the
Sanho
took on fuel and provisions. Over several days a crew of thirty-five
pirates was assembled, including of course Mintodo and Nanda. Most of
these men were Indonesian, but they included Chinese, Malaysians,
Thais, and perhaps other nationalities. They were divided into groups
according to skill and function. The hijacking team was made up of
fifteen armed men equipped with a fast boat that probably was stowed
somewhere aboard.
On October 16, after receiving a satellite call from Makatengkeng, the
Sanho left Jakarta and headed upcoast for the port of Kuala
Tanjung. It arrived there on the night of October 21, and lingered in
the outer harbor. The next day word came from a port informant that
the Alondra Rainbow would depart around sunset. The timing was
convenient. There is a theory that one of the pirates may have gone
aboard when the ship was berthed, perhaps by posing as a hawker, and
that he hid himself away in order later to emerge and lower ropes to
the others. But the hijacking team consisted of nimble men who would
have had no trouble securing grapples and ropes on their own, and who
were practiced as well at the art of shimmying barefoot up bamboo
poles. It is unknown how they actually proceeded, though it seems
likely that the Sanho put to sea first, that it was one of the
ships the Alondra Rainbow passed by on the sleeping, moonlit
ocean, that the pirates approached from behind in their small, fast
boat, and that while the Alondra Rainbow plowed ahead under
autopilot at 13 knots, they easily climbed onto its stern.
At 10:30 P .M . Captain Ikeno was at work at his desk one level below
the bridge when he noticed thumping on the deck overhead, and
simultaneously heard garbled shouts on the intercom. He rushed up the
stairs and found that the bridge door was blocked from the inside.
When he shoved at it hard enough to force a small opening, he saw
pistols and knives, and wisely desisted. The pirates yanked the door
open, pushed him against a wall, and held a knife to his throat. In
the same thick English used to haggle for goods, they threatened to
kill him if he resisted. One of them fired several rounds into the
ceiling to make the message clear.
There was a sign on the bridge that read SAFETY FIRST in block
letters. However, safety is always a relative condition. The
Alondra Rainbow was proceeding unmanned and at full speed through
some of the busiest waters in the world, but Captain Ikeno was
occupied with more immediate concerns. He counted about ten pirates on
the bridge, armed with knives, guns, and bolo swords. They wore ski
masks and loose clothes, and were barefoot. From their language and
build and what he could see of their skin he thought they included
both Malaysians and Indonesians. They had roped the hands of the third
officer and the helmsman behind their backs, and they did the same now
to him. Ikeno was afraid of their tempers, and he did not speak. One
of the pirates took his wristwatch, and another took the ship's master
key out of his pants pocket. They then forced him to guide them
through the accommodation decks, where they pulled terrified sailors
out of their cabins, bound and blindfolded them, and sent them to be
held in the crew's messroom.
Captain Ikeno's fellow Japanese officer, the aging chief engineer,
tried desperately to hold his cabin door closed from within, but he
was quickly overpowered. The third engineer was on duty deep in the
engine room, working in its cacophonous isolation, when suddenly the
pirates appeared as if in pantomime, shoving the captain before them.
They made the third engineer reduce the ship's speed, and then bound
and blindfolded him, and shoved him up the stairways to the messroom.
The entire crew of seventeen had now been captured. Captain Ikeno was
led to his cabin and forced to open the ship's safe. The pirates
grabbed the cash that was kept there - several thousand dollars, in
U.S. and Japanese bills - and took the crew's papers and passports and
the captain's second wristwatch. They also ransacked the other cabins
for anything of value, which wasn't much. They took the captain to the
messroom blindfolded him like the others, and threatened to slaughter
everyone if anyone rebelled.
Ikeno and his crew had every reason to believe the threat. Merely one
year before, in September of 1998, a smaller Japanese-owned freighter
named the Tenyu had gone missing soon after departing from the
same port of Kuala Tanjung with a similar load of aluminum, and a crew
of fifteen. Three months later the Tenyu was discovered under a
changed name and flag in a Chinese port, but the cargo was missing, as
was the original crew, all of whom are presumed to have been killed.
The strangers found aboard the Tenyu were arrested by the Chinese
under suspicion of piracy, but because they claimed to have joined the
ship legitimately in Myanmar, and possessed used airline tickets to
Rangoon along with valid Myanmar visas issued in Singapore, the
Chinese authorities released them for lack of evidence. In the
background was the understanding that they had not committed any crime
in China. For Captain Ikeno and the crew sitting captive in the
Alondra Rainbow, it was just as well not to know that at least one
of the pirates on their ship had been among those released by the
Chinese.
It is not clear whether the designated captain, Christianus Mintodo,
had yet come aboard, or who exactly was on the bridge, but it seems
likely that the Alondra Rainbow was again under control, and
being steered by experienced hands. Was it midnight now? The captive
crew sat in blindness on the messroom floor, each man in isolation,
feeling the familiar vibrations of the ship in motion. Because there
were guards in the room, they probably did not talk. Captain Ikeno
tried to keep track of time. A couple of hours after being shoved into
the room, he noticed a change in vibration, which he recognized as a
reduction in speed, and he heard a pump start up. He then felt a sharp
bump. Soon afterward the pirates began to take the men, still bound
and blindfolded, one by one from the room.
They were led down the corridor, through a door, and out onto an aft
deck, to the railing. The pirates then removed the captives'
blindfolds. Ikeno found himself looking three feet down onto the deck
of a small freighter that had come up alongside. There were many armed
men aboard. In the moonlight Ikeno saw that the freighter was rusty
and badly maintained, and that it was riding high, as if its holds
were empty. It was probably the original pirate vessel, the Sanho,
commanded by Marnes Zachawarus. Ikeno dubbed it "the dirty ship," a
name that stuck. He and his crew were made to jump down onto its deck,
after which they were led below to two separate rooms, where they were
blind-folded again, and ordered to lie on dirty mattresses spread on
the floor. The pirates warned them to be silent, and said that anyone
who tried to stand or look outside would die. From the sound of things
- the occasional bump, the clatter of equipment, the voices of men
moving back and forth - the two ships lay together for another hour or
more. But the night was still deep when they drew apart and went their
separate ways.
For nearly a week Captain Ikeno and his crew lay bound
and blindfolded in sweltering rooms as the dirty ship carried them
northwest through the Malacca Strait and on into the vastness of the
Andaman Sea. They were fed only twice, taken to the toilet, and given
dirty drinking water from a can marked ESSO on the side. This last
detail they learned from Voltaire Lapore, the chief mate, who saw it
from beneath his blindfold. As the blindfolds naturally loosened,
others learned to see as well. Ikeno's vision got to be so good that
he could discern among the pirates, and was able to study the man he
thought was the leader - about forty-five years old, five feet eight
inches tall, muscular, potbellied, dark-skinned, and with the features
of an Indian or a Pakistani. The pirates were going around unmasked,
whether because they trusted the blindfolds or believed that the
prisoners would not survive.
On the seventh night the engine stopped. The pirates came to the
rooms, took the Alondra Rainbow's crew outside, and made them
lie on the deck. The scene was similar to one that had occurred less
than a year before, and that the crew must have been aware of: a bulk
carrier named the Cheung Son, loaded with steel-mill slag, had been
hijacked on the South China Sea by pirates dressed in Chinese customs
uniforms, who had lined up the twenty-three crewmen and then
systematically clubbed them to death before attaching heavy objects to
their bodies and heaving them overboard. It would have been of little
consolation to the Alondra Rainbow's crew, lying prone on the
deck of a dirty ship in the middle of the Andaman Sea, that the
killers had recently been arrested in China, and that a rare trial was
about to begin. The men standing above them now were clearly not the
sort to care.
It turned out, however, that the pirates had a different solution in
mind. Rather than dirtying their hands with killings, they floated the
Alondra Rainbow's inflatable life raft, which they had
purloined at the start, and with disregard for their prisoners'
ultimate survival, they forced the crew to crawl aboard. Captain Ikeno
was last to go. The pirates cut the rope. The dirty ship steamed away,
disappearing so thoroughly into the night that neither it nor the
pirates aboard have yet been found.
The crew felt little relief at having been freed. They were now
marooned in a crowded rubber raft, without effective means of
propulsion, adrift on the open ocean. They had no radio or navigation
gear, and they were completely lost, with no idea even of what ocean
they were in. The raft came equipped with the barest provisions: a few
cans of food, a supply of fresh water, a first-aid kit, two sponges,
two safety knives with buoyant handles, two bailers, two paddles, ten
signal flares, and a pamphlet of survival instructions, written in
English. The instructions amounted to Don't get cold, don't get hot,
try to stay out of the sun, and do not drink seawater.
There may also have been something about keeping up morale - but that
was especially hard. For ten days the crew drifted. Ten ships passed
within sight, and did not stop. All ten flares were fired off. The
water rations grew precariously small. The crew caught a few fish,
which they held up and squeezed over their mouths for the juice that
dripped out. As the days went by, the men began to pray and cry. The
mood grew so surly that Captain Ikeno feared that he and the chief
engineer, as the only Japanese in the raft, might be attacked and even
murdered. He formally ceded command - most critically of the water
supply - to his Filipino chief mate, Voltaire Lapore.
On the tenth day adrift, around noon, a small commercial fishing boat
came into view. The stranded crew took off their shirts and waved them
in the air. The boat slowly approached. Several times it changed
direction, as if the fishermen were uncertain whether to get involved.
Eventually it drew to within shouting range and stopped - maintaining
a wary distance. Pirates were known to have posed as stranded mariners
to lure innocent vessels into traps. The men in the life raft could
see that the boat flew the flag of Thailand. One of them shouted in
English that they were fifteen Filipinos and two Japanese, that they
were victims of pirates, and that if they were not rescued they would
die. The fishermen might have understood a few key words. They
remained suspicious and shouted back, demanding passports. It was an
odd request, since pirates have passports too, sometimes in abundance,
but this was not the moment for a debate. The immediate problem was of
course that the crew's passports had been stolen. One man had an
expired passport tucked away in his clothes, and he held it up. The
fishermen were not convinced, but finally their skipper grudgingly
allowed Captain Ikeno, alone, to climb aboard. Once on the fishing
boat, Ikeno tried to explain what had happened, but he could not make
himself understood. He wrote out his name and the Alondra Rainbow's,
and waited while the skipper radioed the details to his company. The
radio conversation was in Thai, and unintelligible to Ikeno. It
clearly reassured the skipper, however, and he gave permission for the
remaining crewmen to come aboard. The next day they arrived at the
Thai resort island of Phuket, where amid all the beach hotels and
sunburned vacationers they finally stepped ashore. It was November 9,
1999, eighteen days after the attack. The Filipinos flew to the
Philippines, where, for want of better jobs, most if not all
eventually hired on to other ships. Captain Ikeno and his chief
engineer flew home to Tokyo, and both retired from the sea.
The Alondra Rainbow, however, was still going strong. After the
hijacking, Christianus Mintodo and his pirate crew sailed it brazenly
through the Singapore Strait and across the southern edge of the South
China Sea to the Malaysian port of Miri, on the island of Borneo.
While under way they painted the hull sides black (a one-day job), and
rechristened the ship Global Venture - a particularly apt name,
which they carefully inscribed on the bow, the stern, and the
superstructure. They also painted over the funnel's stripes - the
blue, white, and red now becoming a single somber black. In the
sheltered waters off Miri another ship came alongside, and took on
3,000 metric tons of the aluminum ingots - nearly half of the
Alondra Rainbow's $10 million treasure. The transfer must have
required several days. The receiving ship was a freighter named the
Bansan II. It sailed for Subic Bay, in the Philippines, where
apparently it arrived renamed as the Victoria, and presented
satisfactory import documents for the cargo. The Alondra Rainbow's
aluminum was quickly sold for a small fortune. Attempts to recoup the
loss by the insurance company bogged down in the Philippine courts.
The local police mounted a criminal investigation of the Victoria,
which went nowhere. There has been no prosecution of any kind.
Meanwhile, Christianus Mintodo on the Alondra Rainbow was
suffering from a problem related to the sheer size of the heist -
where to find a buyer for the 4,000 metric tons of industrial material
that remained in the ship's holds. Little is known about the tactics
that he used once the Alondra Rainbow left Miri - only that the
name was changed again, to the Mega Rama, that the home port was shown
on the stern as Belize, and that the ship steamed generally westward,
either through the Strait of Malacca or by a more roundabout southern
route, before finally gaining access to the Indian Ocean. One week
after the hijacking, when the Alondra Rainbow became overdue in
Japan its owners had reported it missing. The meaning was obvious.
From an office building in Kuala Lumpur a piracy-reporting center
maintained by the international shipping industry sent out alerts and
descriptions, along with notice of a $200,000 reward that was offered
by the insurance company for information leading to the ship's
capture. For several days a search was mounted by patrol ships and
airplanes from several nations, including Japan. But the Alondra
Rainbow had vanished.
IV. A 95,000-MILE PROBLEM
That a ship can hide in plain sight would hardly come as
a surprise to the U.S. Coast Guard, which for years has been locked in
a fight against smugglers skilled at pulling disappearing acts, and
has had to deal as well with the reverse side of the magic trick,
which is the sudden emergence as if out of nowhere of ships that may
pose a threat - either because they are decrepit and may spill
something or because they are involved in crime. The Coast Guard is a
peculiar organization, a militarized hybrid that is as much a shipping
inspectorate as a maritime police force. It consists of 5,700
civilians and 43,000 people in uniform, some of them wishing for
battle, but most of them not. As the only armed service required to
reside outside the Pentagon, it has long been a bastard child, with a
bastard child's complaints - lack of love, lack of funding - and it
remains a little uncomfortable in its skin. But through difficult
experience it is also very familiar with the interwoven disorders of
the sea; and by chance of history now, with the United States facing
this new form of oceanic threat, it is unexpectedly in a position
unique among American forces, of being able at least to respond in
relevant ways. As a result it has been shunted from the Department of
Transportation to that of Homeland Security, given a bigger allowance,
and assigned the lead role in protecting American shores. This may
prove to be a thankless task, but the Coast Guard is basking in the
implicit praise, and it has set diligently to work.
The challenge is daunting. The United States has 95,000 miles of
coastline, and more than a hundred seaports capable of handling large
ships. It is the most active sea-trading nation on earth, accounting
for a large percentage of long-distance maritime traffic worldwide,
and annually accommodating more than 60,000 port calls by oceangoing
ships, the great majority of which are foreign-flagged and many of
which are operated by fictitious offshore companies, whose real owners
are difficult or impossible to identify. The owners are mostly
ordinary businesspeople (and quite a few are American), but they could
easily include terrorists as well, and they certainly do include
smugglers of goods and drugs and people. Moreover, the ships are
crewed by several hundred thousand nearly anonymous foreign sailors
drawn on short contracts from a much larger pool. Many of them are
Muslims, and almost all come from troubled parts of the world, where
America is resented, corruption is rife, and authentic documentation
can easily be bought. These sailors necessarily bypass all the
standard screening procedures by immigration authorities, and arrive
with their vessels in American ports. It is believed that in the past
many jumped ship, though how many is unknown, because the captains had
no reason to report their losses to authorities on the shore.
Procedures have tightened somewhat now, but the United States remains
utterly dependent on these crews, trust them or not. Their ships bring
in six million containers a year, 3.7 million vehicles, 53 percent of
the nation's oil, and mountains of other goods and materials too
numerous to name; and they take away significant amounts as well. They
carry more than three fourths of American foreign trade as measured by
weight, and somewhat less than half as measured by value. Interrupt
the flow with a terrorist attack, and the backup would instantly reach
around the world, with devastating results. Institute heavy-handed
inspections and other procedures to head off an attack and the damage
could be even worse.
The Coast Guard has no choice but to move gingerly. It has followed a
logical path, starting with tightening the security of the largest
ports by means of harbor patrols, cruise-ship escorts, civilian-based
"harbor watches," better fences, and tighter gate and ship-access
controls. The costs of the effort have been high, grossly estimated in
the billions so far, and as the controls have expanded, ferrymen,
tour-boat operators, and others have begun to object to the burden of
expensive and inconvenient restrictions. Still, if safety has no price
and is defined narrowly, the improvements have been real: ports,
waterfront facilities, and ships in harbor are certainly better
protected now against land-based or small-boat attacks. None of this,
however, does much to address the more serious threat of a heavy
maritime attack - a ship that delivers a weapon, for instance, or
simply steams in and blows itself up. The desire for funding and power
is typically difficult to differentiate from genuine patriotic
concern, but the vulnerability is real, and Coast Guard officials make
the valid point that by the time a ship pops over the horizon and
pulls into port, little defense is possible. The problem is that
popping over the horizon is what inbound ships just naturally do. The
only solution is to push the horizon farther away - a Herculean task
that Coast Guard members are now straining to perform. "Increasing the
maritime domain awareness," they call it, borrowing unnecessarily from
the Pentagon's pompous, self-indicting jargon. They have been aware of
the maritime domain for years, and for better or worse they understand
full well that as they push the horizon out into it, they are pushing
into anarchy.
There is no obvious technological solution. With the exception of ten
highly localized vessel-traffic services designed to prevent
collisions in the major harbors, there is no U.S. coastal radar picket
system, no maritime version of an early-warning system, for the good
reason that it would be enormously expensive to build and maintain,
and would not be able to look over the horizon anyway. An additional
problem would be informational clutter. One of the high-ranking
officers I spoke to at the Coast Guards Washington D.C., headquarters
laughed at the idea often suggested by landlubbers, that radar could
provide a panacea. He said, "We've got thirty million boats out
there." Referring to the radar's adjustable sensitivity he said, "Can
you imagine how we'd have to turn down the gain?" That brought up the
subject of attacks by vessels smaller than 300 tons, the Coast Guard's
minimum definition of a ship and currently the bottom limit for much
of the security thinking. It was a possibility that left the poor man
shaking his head at the complications; he said that the Coast Guard
was aware of the problem, and would be turning to it as soon as it
could. In any case, for the physical monitoring of coastal seas,
alternatives other than radar are being pursued, including increased
ship and air patrols, the use of surveillance satellites, and a
hard-wired shipboard GPS-based transponder system. This last, however,
the shipping industry is resisting, arguing that it will reveal
proprietary information to competitors and (less plausibly) provide
targeting coordinates for attacks by terrorists and rogue states. All
these initiatives will require years to implement, and even in
combination will leave loopholes big enough to steam a ship through.
At best the sort of information they can provide is crude - a ship by
some name is approaching from some location out there on the ocean -
and does little to answer the more important questions of who the
owner is, who and what is aboard, and (the big one) how legitimate its
intentions are. Transparency, in other words, will still be lacking.
The Coast Guard is also shoving at the horizon with a
regulatory change: the requirement for four-day advance notice of
arrival, where before only one day's notice was necessary. This
notification, along with a crew list a cargo description, and several
other details, has to be sent to a new Coast Guard operation in West
Virginia, known as the National Vessel Movement Center. For the Coast
Guard, the term "movement" means merely the arrival or departure of a
ship. But the center's name has ended up being an embarrassment,
because to outsiders it conjures up visions of a high-technology war
room providing an omniscient view of the ocean, and this in turn
requires the Coast Guard to explain that such views are not possible,
and if not, why not. Where would you even start? The National Vessel
Movement Center is an office full of clerks. They receive about 600
notices a day, by phone, fax, and e-mail, and they enter the
information into a consolidated database, which Coast Guard
intelligence and operations people can then contemplate, trying to
discern which ships seem somehow out of whack - one that's importing
wheat from Indonesia, for instance, or carrying an oversized crew, or
maybe just belonging to Nova Spirit and flying Tonga's flag. The idea
is to intercept, board, and inspect those ships while they are still
safely at sea. Nationwide this is being done on average about twice a
day.
The Coast Guard, like the Navy, searches for bombs only on the basis
of specific information, which does occasionally arrive, but so far
has turned up nothing. For want of action, therefore, the emphasis is
on the crews, and particularly those from certain Muslim countries,
who are fingerprinted and photographed by immigration authorities upon
arrival, and unless they have valid visas are restricted to the ships
while in port. It is said that this is a temporary adjustment, until
better crewmen's documents can be brought into play. There is
unembarrassed talk in Washington of a future under control, in which
sailors will undergo meaningful background checks, and will be
supplied with unforgeable, biometrically verifiable IDs by honest,
appropriately equipped, and cooperative governments. Panama, for
instance, will vouch for the integrity of, say, an Indonesian deckhand
working on a ship operated by a Cayman Island company on behalf of an
anonymous Greek. This is a vision so disconnected from reality that it
might raise questions about the sanity of the United States. Back in
the real world the new guard services in ports are provided by private
security companies, and are paid for by the ships at the cost of
thousands of dollars for a typical stay. The additional expense seems
to be accelerating a global shift, already under way, from
brown-skinned sailors toward the even cheaper Chinese. Domestically
the new procedures have brought a presumed reduction in ship-jumping
incidents, which if it has not measurably headed off terrorist attack
has at least forced would-be immigrants to jump ship elsewhere - say,
in Mexico - before joining the crowds of unauthorized visitors coming
overland into the United States.
Meanwhile, the Customs Service, now also a part of the Department of
Homeland Security, has imposed new reporting requirements on inbound
freight, and has embarked with much fanfare on a container-security
initiative, by which it is placing inspectors in twenty large ports
overseas (soon it will extend the initiative to ports in several
Muslim nations). Because the physical inspection of a container can
take hours, only about two percent of the six million units headed to
the United States each year are opened; but some can be scanned by
x-ray machines or radiation detectors, and more can be looked over by
experienced inspectors checking for paperwork anomalies. Still the
opportunities for something to slip in are innumerable. There is talk
of equipping the containers with tamper-proof seals and
intrusion-detection devices, neither of which would stop the loading
of a bomb at the outset, or more than inconvenience a determined
terrorist who wanted to insert such a weapon during a container's long
voyage to port. I spoke to a Dutch maritime official very familiar
with the U.S. effort in Rotterdam, who was sympathetic to the American
plight but privately scoffed at the idea that the new inspections had
any meaning at all. Speaking just of that one port, he said, "Look.,
if you want to send a bomb through, it's so simple! The chances of it
being filtered out are almost nil!" He was not being critical so much
as flatly descriptive. As a believer in good government, but long
exposed to the chaos of the ocean, he seemed to have learned the hard
lesson that government tools might simply not apply.
The Coast Guard struggles on with the tools that it has, as it must.
Though its members tend to be alert, and very aware of the
complexities that they face, as a collective they are confined by
governmental frames of reference. One sign of their confinement is the
effort that they expended in 2002 to create a new body of ship and
port security regulations overseen by the very same institution that
has proved to be incapable of controlling the situation at sea - the
International Maritime Organization. As of July of 2004, every ship
above 500 tons will have to designate a Ship Security Officer (SSO),
who will work under a designated Company Security Officer (CSO) and be
familiar with the new documents required to be carried aboard,
including a Ship Security Plan (SSP), which is based on a Ship
Security Assessment (SSA). The paperwork will be subject to the
approval of each ship's flag state, which in most cases will rely as
usual on the expert oversight (paid for by the shipowners) of the
classification societies, which for these purposes are to be known as
Recognized Security Organizations (RSOs).Another complicated set of
rules and acronyms will apply to ports. The effect has been the
instantaneous creation of a whole new industry, as tens of thousands
of ships and mobile offshore drilling platforms struggle to get the
paperwork done.
Close observers have been incredulous. Reflecting a widespread view,
one of them said to me, "We're doing nothing but creating this pile of
regulations. It's a small pile compared to other piles, but look what
the flags of convenience have already done with those. Oh, on paper
everything will be all right, but in reality it will not make any
difference. And what is a flag of convenience, after all? It's an
absolute nothing. In the worst cases it's just a commercial company
running a registry. Money flows in and certificates flow out. I don't
want to use words like 'cowardice' or 'over-reaction' to describe what
the United States has done - just 'ineffective.' Because you can get
all the paperwork you want, no problem. And it will not help."
He was probably right. The only sure effect of the new regulations is
that legitimate operators, who do not pose a threat, will comply. But
it is likely that terrorists will comply as well, and that, like many
shipowners today, they will evade detection not by ducking procedures
and regulations but by using them to hide. This would be very easy to
do. Paradoxically, when a ship approaching U.S. shores does not
comply, it will be because it is a bumbler, and therefore almost by
definition innocent. People in the Coast Guard know this: they are not
protecting the shores from a random, hundred-year storm but
confronting a calculating and adaptable form of chaos - an intelligent
thing. In private conversation most continue to talk about "channeling
the attack," or reducing the odds, but others admit that they may not
have affected the odds at all.
V. LAW OF THE SEA
Politically - and ethically - it is of course impossible
to sit back and do nothing: the United States is a nation, and it has
no choice but to act like one. And although minor successes tend to be
portrayed as significant victories, there is no denying that
determined policing does sometimes pay off - both here and abroad. It
turned out to be helpful, for instance, that after the naval search
for the hijacked Alondra Rainbow failed, in early November of
1999, the hunt for the pirates did not end. With the description of
the Alondra Rainbow widely disseminated, and $200,000 in reward
money on the table, the piracy-reporting center in Kuala Lumpur
received a plausible report of a sighting toward evening on November
13, a few weeks after the ship had disappeared. The report came via
satellite phone from the captain of a Kuwaiti freighter named the
al-Shuhadaa, which was sailing in international waters off India's
southwest coast. The captain said that the suspect ship's name was
illegible in the fading light, but that it appeared to have been
freshly painted; he gave the location, and he provided intelligence,
apparently gleaned from his radar display, that the ship was moving to
the north-northwest, on a compass course of 330 degrees, at 8 knots.
The piracy center sent the news to the Indian coast guard, and
requested an intercept.
The Indians could have sat back and done nothing. The Alondra
Rainbow was a Panamanian ship owned by Japanese, crewed by
Filipinos, and attacked off the shores of Indonesia by pirates of
uncertain nationalities. Its disappearance had no connection to India
at all - and there was certainly no domestic constituency expressing
outrage and demanding action. India, however, is a party to the Law of
the Sea, a sweeping 1994 United Nations treaty (as yet unratified by
the United States) that includes a paragraph encouraging nations to
stop pirates on the high seas no matter where their crime took place -
and old Indian laws to the same effect are left over from British
colonial rule. More important, the news of the sighting seems at first
to have been contained entirely within the Indian military, which like
other militaries is eager to use the equipment that it has, and to
take action. The suspect ship had popped into view like a rabbit
running across a field, and, without the need for legal or policy
thinking, the coast guard just naturally went after it.
A patrol boat named the Tarabai, with twenty-four men aboard,
headed out from the southern port of Cochin, and early on the night of
November 14 spotted the suspect ship on radar at a range of thirteen
miles, ahead to the left. The Tarabai closed the distance until
the ship's lights came dimly into view, and it hailed the ship
repeatedly by VHF radio, demanding that it identify itself and reduce
its speed. There was no response. On the possibility that the ship's
radio had failed (which no one believed), the Tarabai flashed
its lights and fired two yellow flares, again to no avail. The ship
responded by turning 20 degrees left and increasing its speed. The
Tarabai
then fired six warning shots across the bow from the deck-mounted
40/60 millimeter Bofors gun, a modified anti-aircraft cannon. The
Tarabai
settled into a safe position one to two miles away, and shadowed the
ship for the rest of the night.
When daylight spread over the ocean, the Tarabai's crew saw the
ship clearly for the first time. It was a good-looking vessel, a giant
compared with their own. Through binoculars they could see the name
Mega Rama and the flag state Belize painted on the stern. In the
early morning, a turboprop patrol plane, a German-built Dornier, flew
onto the scene, and joined the Tarabai on the VHF channel,
calling for the ship to stop. This time a man answered, identifying
the ship as the Mega Rama, with a cargo of aluminum and a crew
of fifteen Indonesians aboard. He said that they were bound from
Manila for Fujairah, an Arabian port. When ordered to submit to a
boarding, he refused, informing the Indians that the Mega Rama
had a schedule to keep, that it was in international waters, and that
it could do whatever it pleased. This was hardly the sort of response
one would expect from an ordinary merchant crew faced with a hostile
naval force. Headquarters easily confirmed the lack of international
records for a Mega Rama, and from the ship's description
concluded correctly that the Alondra Rainbow and its pirates
had been found.
The patrol plane was lightly armed with a fixed self-loading rifle. On
instructions from shore it fired a few rounds across the Alondra
Rainbow's bow, and when that had no effect came around and hit the
ship with five full strafing runs. For the pilots this was fine sport,
and the high point of their careers, but for all the good it did they
might as well have been throwing stones. as well have been throwing
stones. Low on fuel, they broke off and headed for home. The tenacious
Tarabai, however, did not go away, and with permission from
base, it began plastering the Alondra Rainbow with round after
round from its Bofors gun. The shoot-up continued intermittently
throughout the day, smashing the ship's windows and punching holes
into its superstructure and hull. Still the pirates refused to slow.
Later it was discovered that they had abandoned the
bridge and taken refuge safely below the waterline, leaving the ship
to proceed on autopilot alone. They appeared to be trying to reach the
territorial waters of India's archenemy, Pakistan, where their
pursuers would dare not follow. When it seemed that they might
actually succeed, India dispatched several warships, including a navy
missile corvette named the Prahar, which arrived during the
second night and added the threat of its heavier cannons to the
argument. This did the trick. Around sunrise on November 16, having
run from the Tarabai for thirty-five hours and nearly 575
miles, the Alondra Rainbow drifted to a stop.
Soon afterward a larger coast-guard ship, the Veera,
came onto the scene, and found the Alondra Rainbow lying dead
on a flat sea, with the Tarabai and the Prahar standing
close by. Smoke was billowing from the fugitive ship's bridge and
superstructure, and a group of pirates - all fifteen - stood at the
bow waving white shirts and holding their arms high in surrender.
Teams from the Veera and the Tarabai soon climbed aboard
and handcuffed the pirates, who included Christianus Mintodo and his
companion from the Batam coffee shop, the chief engineer Burhan Nanda.
They were transferred to captivity on the Veera.
The fires aboard the Alondra Rainbow turned out
to be paperwork conflagrations that had been set by the pirates to
destroy incriminating records, and they were eventually extinguished.
More seriously, the pirates had opened sea valves in the engine's
cooling pipes in an attempt to scuttle the ship. They were nearly
successful. By the time Mintodo and his men were safely under guard,
the engine room had flooded, and was starting to pull the ship down by
the stern; had the engine room's bulkhead collapsed under pressure,
the end would have come very quickly. The navy however sent in divers
who managed to find and close the valves. Emergency pumps were set up
on deck, the engine room was emptied, and the Alondra Rainbow
was saved. The Veera was given the job of towing it 345 miles
to the port of Mumbai, otherwise known as Bombay. The trip took four
days, during which the pirates were interrogated. It is widely
believed but officially denied that they were roughed up; one of them
was some how shot in the leg. A few of them are said to have made
confessions, which were excluded from the subsequent trial.
When the pirates got to Mumbai, they were displayed to
the press before being turned over to the police - forced to kneel on
the Veera's deck with their hands bound behind their backs,
while a proud and possessive coast-guard commander in naval whites
described their arrest as "the catch of the millennium." But the
Mumbai police operate in a chaotic city of 18 million people, with
plenty of homegrown criminality, and they had a different view. One of
their high officials later told me that the Alondra Rainbow was
like an orphan dropped off on the doorstep. He said, "The common
practice if such a ship comes, you shoo her away. Otherwise you don't
know what to do with her. The question of jurisdiction comes up
everywhere? The same was true for the pirates, criminals whom he
called "the scum of the earth." What would happen, he asked, if India
convicted and imprisoned them, but after their release Indonesia
refused to recognize or accept them? There was little chance of that
happening in this case, he admitted, but when the orphans were first
delivered, the possibility had to be considered, if only in the
abstract.
"What did you conclude?" I asked.
"That they would become stateless people." The problem for India would
be where to send them. I suggested they could be repatriated to their
natural environment at sea. He smiled wanly.
In any case, the Mumbai police had no choice politically but to
proceed with a prosecution. They held the pirates for two weeks at a
harbor police station known as Yellow Gate, a dismal complex built in
1921, which contains five cells with wooden bars along a dim hallway,
and looks like a movie set meant to depict a Third World hell. Later
the pirates were moved to the city's overcrowded central jail, where
they were kept together in a high-security cell. As a group they
decided to grow their hair long. Meanwhile, in China, after a six-day
trial, thirteen of the pirates who had attacked the Cheung Son and
murdered its crew were sentenced to death; on the way to the execution
ground a group of them, who were drunk on rice wine, defiantly sang,
"Go, go, go! Alé, alé, alé!," the chorus from a Ricky Martin song
called "Cup of Life." This got some press. The Alondra Rainbow
remained in Mumbai. The ship's Japanese owners had petitioned to have
the ship released from Indian custody, and a short legal tussle
ensued. In January the owners were finally allowed to tow the
Alondra Rainbow away. (The ship would eventually be sold, and
returned to service under a new name by a company in Singapore.) The
year 2000 passed.
Justice moved slowly in Mumbai, owing to an overload in the criminal
courts. One of Mintodo's men grew sick, went to the hospital, and
died. But early in 2001 the first depositions were taken, and the
legal proceedings finally got under way. There was a strange twist to
the logic of the case: though the act of piracy had given India legal
jurisdiction, piracy itself is assigned no penalties under the Indian
code of law, and the government therefore had to charge the men with
other crimes. This it did with abandon, accusing them of multiple acts
of armed robbery, attempted murder, assault, theft, and forgery - and
even of entering India without valid passports, though they had done
so involuntarily, in shackles and under guard.
India gave up the jury system in 1961, after it was believed to have
failed. Most cases now are argued before single judges, who regulate
the proceedings and ultimately hand down the decisions. The judge in
the Alondra Rainbow case was a typically overworked officer of
the mid-level Sessions court of Mumbai. He was a kindly, mostly
toothless man in oversized glasses, a parsi named R. R. Vachha, who
had a salt-and-pepper moustache and an upper gum that showed when he
smiled. He had a reputation for patience, fairness, and competently
written decisions. The courtroom over which he presided stood on the
fourth floor of the old stone-built Secretariat building, from which
the British once ruled Mumbai. The room was large, dim, and when
crowded, as it usually was, stiflingly hot.
The pirates were brought to their hearings under heavy guard. Before
entering the courtroom they had to remove their shoes in the hallway,
as all the accused did in Mumbai, because prisoners in the past had
hurled their shoes at judges. The pirates, though, were well behaved,
and some of them were almost gracious, as if they enjoyed these little
excursions from jail. If so, they had plenty to enjoy. Had it run
straight through, their trial might have lasted three weeks; instead
it was squeezed among other cases a few hours at a time, and dragged
on for almost two years. It was an unequal contest from the start.
Serving pro bono as the special prosecutor was an obviously brilliant
attorney named S. Venkiteswaran, a master of law and argument, who at
sixty-two is the preeminent maritime attorney in India, and
undoubtedly among the best in the world. He was assisted backstage by
a protégé, a rising young attorney named K. R. Shriram, who though not
yet as wise and Churchillian as Venkiteswaran is every bit as smart.
Against this duo stood several ordinary public defenders, and
principally only one - a small-time criminal lawyer named Santosh
Deshpande, who never stood a chance.
The star witness was Captain Ikeno. Having been promised full-time
police protection while in India, he came twice from Japan to verify
the real identity of the Mega Rama, and to describe his ordeal in
emotional detail. Venkiteswaran later said to me, "Deshpande was
flamboyant and played to the gallery. But once the master [Captain
Ikeno] gave evidence, I was very sure no one could touch the case.
Look - you can ignore all the evidence that you have read, and
consider just the basics. Here is a ship with fifteen of the accused
in it. They're caught. They've got a property which is hot. It's
proved beyond doubt that the vessel is the Alondra Rainbow. The
master's evidence establishes that he was deprived of possession and
control. Once that has happened, it is for the accused to show how
they came into possession of that ship. And if they don't show it,
then the presumption of the law is that they are the ones who hijacked
it. And no attempt was made to look into this aspect at all."
Deshpande occupied a difficult position. The pirates would have made
poor witnesses, so he didn't even put them on the stand. He was
required nonetheless to support their claim that they were an innocent
crew who had been offered jobs by manning agents in Jakarta, and had
flown to Manila and sailed without any idea of the ship's ownership or
any curiosity about the evidence, abundant aboard, that the vessel's
name had been changed twice in a few weeks. He also had to suggest
that the crew ran from the Indian forces for fear they were pirates,
and that the crew had no passports or seamen's cards because the coast
guard had thrown them overboard. Still, Deshpande's performance was
weak. During his cross-examination of a shipping expert from London,
for instance, he should have asked, but did not, "Sir, can you tell us
how crews are recruited for ships? Is it normal for sailors to ask
questions of the manning agents who offer them jobs? To know the
ownership of the vessels they serve on? To know the vessels'
histories? Is it unheard of for a ship to change its name? To change
its flag? To do this at sea? Have there never been cases of pirates in
uniform? Or of patrol boats' being used?" The answers to those
questions would not have turned the case, but they might at least have
helped to educate the judge about some of the realities at sea.
The pirates were convicted, of course. On February 25,
2003, Judge Vachha handed down a 245-page verdict, finding them guilty
on every count except the passport violation, and sentencing them to
seven years of "rigorous imprisonment:' of which three had already
been served. Venkiteswaran was traveling at the time, but was
represented in the courtroom by his protégé Shriram. Some of the
pirates broke down, lamenting the fate of their families and the
effect the separation would have on their children. Others remained
calm. One of them came up and congratulated Shriram. From the back
bench Christianus Mintodo looked on impassively.
Soon afterward I went to meet Mintodo at the maximum-security prison
to which he and the others had been transferred - a nineteenth-century
compound with fortresslike walls, in the hot and dusty city of Poona,
about a hundred miles inland from Mumbai. The prison turned out to be
a surprisingly peaceful place. Though filled to twice its designed
capacity, it was noticeably less crowded than the city outside. I
waited for Mintodo in a file room that opened onto the central
courtyard, and watched inmates languidly sweeping the walks with
straw-bundle brooms, or strolling by in small straight-backed groups,
dressed in coarse cotton clothes and caps, talking quietly. The air in
the shade was pleasantly warm. In the distance a prison phone kept
ringing with a double ring, and went unanswered.
Mintodo was wary when he arrived, and at first pretended to speak
little English. He was slim, barefoot, and copper-skinned - a man who
at the age of fifty-six still moved with feline precision and grace.
He had brought with him one of the younger pirates, Ari Kurniwan, age
twenty-six, whose job was to translate, and do most of the talking. We
spoke for a while about the food and routines of the prison, the
Indian guards, and the prospects for an appeal. I discouraged them
from expecting results. We talked about the Tarabai's attack,
and the way that the Mega Rama, as they insisted on calling
their ship, had trembled as it was being hit.
Kurniwan said, "We didn't know who was firing on us."
I said nothing.
Mintodo said, "At sea anything can happen."
About that I could agree.
I asked Mintodo why he thought Deshpande had not put him on the
witness stand. He did not answer but gazed at me appraisingly.
Kurniwan intervened. He said, "This idea is coming now in my mind for
the first time!"
Later I asked about the manning agents in Jakarta, the key to their
story. Kurniwan responded with a flood of words. "I come in Jakarta
port. I meet a broker who says, 'Pay me two hundred dollars, and
you'll have a job at three hundred dollars a month.' He gives me an
airline ticket to Manila. It's my first flight, and I'm afraid of
heights. I close my eyes the whole time. I go to the ship. This is my
first job, my first flight, my first time going abroad. Everything is
the first."
I said, "What was the name of the agent in Jakarta? I'll go there and
find him."
Mintodo was looking into space, somewhere above my head.
Kurniwan said, "When you come into a port you find so many brokers.
You don't have to ask their names. You trust them. They give you a
job. They give an alias also, those people."
When I asked Mintodo for his contact there, he brought his gaze back
down to me. He said, "It was the same agent in Jakarta. A broker. I
forget his name."
It was all just a game anyway. Their agent was the one who went by
Yan, or Yance, Makatengkeng, who had been at the coffee shop in Batam,
and had safely disappeared. He worked for "the Boss," who remains
unseen and unknown, and is presumably still active. Mintodo and his
men were insignificant players on a very large sea - sailors who got
stuck holding the loot, long after the smarter players had covered
their tracks. Piracy meanwhile shifts around, and responds to
pressures, but either grows or remains essentially unchanged. It was
clear in the Poona prison that the pirates understood this too. Their
arrest and conviction had been proclaimed around the world as an
important message that disorder would not be tolerated on the high
seas. But they knew the ocean better than most, and were just biding
their time, unrepentant and undeterred.
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