Examining the Prospective Terror Threats Toward Global Seaports: A Socio-Historical Assessment of Prior Engagements and Application of Social Learning Theory: Series Part III: Maritime Global Legislation, Conclusion, & Recommendations

Prof. Darren Stocker, Dr. Thomas Rzemyk, & Dr. Charles Kocher

posted January 4, 2021

Abstract:

After more than fifteen years since the terrorist attacks in New York City on September 11, 2001, the scope and focus to prevent and counter terroristic activities has changed from simplified ideologies of domestic and international terrorism to a more finite representation. Global terrorist attacks on maritime ships, cargo, and personnel have risen in recent years. Continued and executed attacks can have a devastating impact on the United States financial system and global economies. Terrorist groups and modern day pirates are doing everything in their power to negate, thwart, and manipulate security protocols to gain access to these assets. The purpose of this paper is to fully examine the terroristic threats and types of incidents that exist towards global seaports and maritime assets, and to provide a clear set of efficient practices and counter measures that can be implemented to reduce exposure and economic loss. Further, this socio-historical assessment will examine the motivators of specific terrorist groups to outline the underlying reasons for their actions. Research indicates that social disorganization issues such as poverty, unemployment, poor housing, and political unrest lead to strain and status unrest in regions around the globe, motivating groups to commit terrorist activities. Using the application of social learning theory, knowledge can occur by observing terrorists’ behavior and by observing the consequences of their behavior, also known as vicarious reinforcement.

In addition to common underlying motivators, global terrorist groups have also learned that it can be very difficult to obtain support for their actions due to their locality and other environmental factors. A full review of past and current effective domestic regulations, international laws, and United Nations conventions will be performed to include: the 2005 National Strategy for Maritime Security; Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation in 1988; United Nations Convention of the Law of the Sea; International Convention for the Safety of Life at Sea (SOLAS); Amendments to the Annex of SOLAS, including the International Ship and Port Facility Security (ISPS) Code; and the United States Patriot Act. The results of this paper emphasize that global threats toward maritime assets in domestic and international waterways are on the rise. There is a significant need for improved international relations, revisions on both domestic and international maritime laws, further UN sanctions on nations that support and condone maritime terrorist activities, and additional research to be performed in discouraging such activities.

Examining the Prospective Terror Threats Toward Global Seaports: A Socio-Historical Assessment of Prior Engagements and Application of Social Learning Theory:

Series Part III: Maritime Global Legislation, Conclusion, & Recommendations

Legislation

The United Nations Conference on the Law of the Seas created the United Nations Convention on the Law of the Sea Between 1973 and 1982. In 1982, the Convention was completed and outlined the rights and responsibilities of participating nations in several ways when conducting business or transporting goods in the world’s oceans. The Convention retains for naval and merchant ships the right of “innocent passage” through the territorial seas of a coastal State. This means, for example, that a Japanese ship, picking up oil from Gulf States, would not have to make a 3,000-mile detour in order to avoid the territorial sea of Indonesia, provided passage is not detrimental to Indonesia and does not threaten its security or violate its laws. (The United Nations Convention on the Law of the Sea, 2017) It is important to note that this type of legislation protects the ships, goods, personnel, and additional assets while at sea. The overall goal is to help participants use their marine resources equitably to alleviate conflict while safeguarding the rule of the law in the world’s seas’.

The International Convention for the Safety of Life at Sea (SOLAS) ensures that safety and compliance is followed by more than 99% of merchant ships while out to sea and while in port. As of 2016, there are more than 162 participants that follow the construction, equipment, safety, and operational guidelines of SOLAS. This international treaty is one of the most respected of its kind throughout the world. Participants have seen a variety of changes in SOLAS from the 1960’s through today. Each additional revision and version of SOLAS further enhanced safety and the efficiency of safety operations amongst merchant ships in international and domestic waterways. One of the most significant security amendments and updates made to SOLAS took place in 2015 in regards to weights. The Weight Verification Regulations was added to ensure that the weight of all cargo, containers, equipment, personnel, etc. were recorded prior to being onboarded onto a ship. As of 2016, these weights are now recorded in an updated Electronic Date Interchange for international tracking.

“The International Maritime Organization (IMO) has amended the Safety of Life at Sea Convention (SOLAS) to require, as a condition for loading a packed container onto a ship for export, that the container has a verified weight. The shipper is responsible for the verification of the packed container’s weight. This requirement will become legally effective on July 1, 2016. After that date, it would be a violation of SOLAS to load a packed container onto a vessel if the vessel operator and marine terminal operator do not have a verified container weight.” (SOLAS, 2015.)

Tracking the weight of cargo, personnel, and other assets is an important security enhancement for both domestic and global seaport operations. The tracking and weight information is typically recorded and communicated to other merchant ships, government entities, safety personnel, and other organizations that need access to the information. Tracking the weight of cargo before it is loaded onto a ship is vital because it can decrease smuggling operations, the transport of terrorist assets, decrease drug trade, etc. If the weight of cargo is significantly higher at the arrival of a new seaport, this allows security and government personnel to be placed on alert for a full inspection of the cargo. Additionally, the SOLAS Container Weight Ship Verification Requirements outlines that shipping weights cannot be estimated. The shipping weights must be verified and cross referenced with scales that are maintained and regulated by a third party for verification and security purposes.

SOLAS has been amended several times since its inception in 1974. Each of these amendments further benefits the safety and security of cargo by establishing additional guidelines to protect personnel, shipments, vessels, etc. on:

Construction-Structure, subdivision and stability, machinery and electrical installations.
Construction-Fire protection, fire detection and fire extinction
Life-saving appliances and arrangements
Radio communications
Safety of navigation
Carriage of cargoes
Carriage of dangerous goods
Nuclear ships
Management for the safe operation of ships
Safety measures for high-speed craft
Special measures to enhance maritime safety
Special measures to enhance maritime security
Safety measures for bulk carriers

The United States Patriot Act has outlined several protocols and seaport requirements post 9/11 as well. The USA PATRIOT Act (P.L. 107-273) passed in October 2001, requires background checks for truckers carrying hazardous materials. The TSA is developing a “Transportation Worker Identification Credential” (TWIC) Program that will use biometric cards issued to all transportation workers to limit access to secure areas in the nationwide transportation network. This is also being implemented for seaport personnel as well. It is imperative to have clear and concise screening and background checks take place on all personnel responsible for the shipment and logistics of goods within the United States.

The International Ship and Port Facility Security (ISPS) Code was a new amendment made to SOLAS in 2004 following the 9/11 terrorist attacks on the United States. Compliance is mandatory for the 148 Contracting Parties to SOLAS. The new code outlined specific minimum security requirements for ships, seaports, government agencies, and seaport personnel. ISPS states that all seaport personnel, vessel personnel, and responding government agencies must be able to “detect security threats and take preventative measures against security incidents affecting ships or port facilities used in international trade.” (ISPS, 2004) The ISPS is separated into two different sections and specific requirements and mandates are documented in Part A, and guidance for implementation of specific security measures s outlined in Part B. the guidelines in Part B are just that, guidelines that are not mandatory. However, since 2004, many organizations have implemented the security measures in Part B as mandatory for safety and security purposes.

The main objectives and focus of ISPS is:

To monitor and control unauthorized individuals on ships and in seaports at all times
To monitor and control all aspects of personnel and cargo loading, unloading, and operations
To detect security threats while docked in port and also while out to sea
To respond to threats through established security measures
To establish new security roles and responsibilities on the ship and within the seaport for personnel
To provide overall physical security to the ship and to seaports
To data mine security threats from all over the globe and communicate these threats to all applicable parties and government agencies
To develop response techniques to specific security threats that exist to vessels and seaports

Additionally the ISPS established new roles and responsibilities for vessel personnel and seaport management as well to include the Company Security Officer (CSO) and the Ship Security Officer (SSO). These newly established roles and responsibilities allow vessels and seaports to be more secure and to be better prepared for safety and security threats that could occur from domestic and international terrorist organizations.

This paper has briefly outlined the roles that the 2005 National Strategy for Maritime Security; Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation in 1988; United Nations Convention of the Law of the Sea; International Convention for the Safety of Life at Sea (SOLAS); Amendments to the Annex of SOLAS, including the International Ship and Port Facility Security (ISPS) Code; and the United States Patriot Act have served in protecting domestic and international seaports, personnel, vessels, containers, cargo, and other valuable assets from safety and security concerns. Global threats toward maritime assets in domestic and international waterways are on the rise and there is a significant need for improved collaboration between United States maritime organizations and the international community. There is further need for improved international relations, revisions on both domestic and international maritime laws, further UN sanctions on nations that support and condone maritime terrorist activities, and additional research to be performed in discouraging such activities.

Conclusion

The scope of defining and responding to terrorism has made a significant shift since the events on September 11, 2001. There has been a transformation from the implementation of defense strategies toward an inclusion of preemptive and aggressive methodologies that place terrorists on the defense and add additional security methods to potential targets that were not previously considered. This is apparent in the historical incidents delineated over the previous five decades. What has become equally apparent are the global threats against the maritime community (Crook, 2006), and the increasing terror activity focused in domestic and international waterways. These soft targets that are intertwined within the international infrastructure have become more vulnerable and progressively susceptible to terror assaults, leading to destruction of property, extensive economic harm, and the loss of lives.

The necessity to completely realize the scope in which terrorist activities have been established and advanced is seen in the previous atrocities of viciousness and extortion that has affected our global populace. Regardless of the regulatory efforts implemented and imposed by U.S. governmental agencies, international treaties, and global security initiatives, the threat of harm done to or around seaports is genuine and indisputable. Consequently, a more in-depth comprehension of the theoretical basis for terror action will solidify a foundation for securing methodologies that will effectively dissuade such exploits.

Theoretically, explaining hate and its multiple origins within individuals and groups is complex and multidimensional. Our global society has entered a new phase encapsulated in fear and distress, manifested from factions that are difficult to provide a contributory explanation where the value of human life has been diminished to a level of where dehumanization is the customary. Additional inquiry in this area and empirical research of radical terror networks may provide a more complete explication, as well as alternative explanations for their terror behavior, to potentially reduce hostile attacks against innocent victims and targets.

URL to Part I of mini-series publication: Examining the Prospective Terror Threats Toward Global Seaports: A Socio-Historical Assessment of Prior Engagements and Application of Social Learning Theory-Series Part I: Historical Terrorist Events

URL to Part II of mini-series publication: Examining the Prospective Terror Threats Toward Global Seaports: A Socio-Historical Assessment of Prior Engagements and Application of Social Learning Theory-Series Part II: Maritime Safety & Security

References

18 U.S.C. § 2331 defines “international terrorism” and “domestic terrorism” for purposes of Chapter 113B of the U.S. Code, entitled “Terrorism.” Retrieved from: https://www.fbi.gov/investigate/terrorism

Agnew, R. (2010). A general strain theory of terrorism. Theoretical Criminology, 14(2), 131-153.

Akers, R. L. (2011). Social learning and social structure: A general theory of crime and deviance. Transaction Publishers.

Bandura, A. (1965). Influence of model’s reinforcement contingencies on the acquisition of imitative responses. Journal of Personality and Social Psychology, 1(6), 589-595.

Bandura, A. (1991). Social cognitive theory of elf-regulation. Organizational behavior and human decision processes, 50(2), 248-287.

Bennett, B.T. (2007). Understanding, assessing, and responding to terrorism: Protecting critical infrastructure and personnel. Hoboken, NJ: John Wiley & Sons.

Berrebi, C. (2009). The Economics of Terrorism and Counterterrorism: What Matters and Is Rational Choice Theory Helpful? Social science for counterterrorism: Putting the pieces together, 189-190.

Borum, R. & Gelles, M. (2005). Al-Qaeda’s operational evolution: behavioral and organizational perspectives. Behavioral sciences and the law, 23(40), 467-483.

Bradford, J. F. (2011). The maritime strategy of the United States: implications for Indo-Pacific sea lanes. Contemporary Southeast Asia: A Journal of International and Strategic Affairs, 33(2), 183-208.

Brisman, A. (2011). United Nations Convention on the Law of the Sea. In Encyclopedia of Global Justice (pp. 1103-1104). Springer Netherlands

Cornish, D. B. (1993). Theories of action in criminology: Learning theory and rational choice approaches. Routine activity and rational choice, 351-382.

Crenshaw, M. (1981). The causes of terrorism. Comparative Politics, 13(4), 379-399.

Crook, J. R. (2006). New U.S. maritime security strategy includes legal and institutional initiatives. The American Journal of International Law, 100(1), 222-224.

Elias, B. (2010). Airport and aviation security: U. S. policy and strategy in the age of global terrorism. Boca Raton, FL: CRC Press.

Egan, D. M. (2009). An Evaluation of Maritime Policy in Meeting the Commercial and Security Needs of the United States.

Evans, A. E. (1973). Aircraft hijacking: What is being done. The American Journal of Law, 67(4), 641-671.

Fleming, R. S. (2008). Rethinking organizational vulnerability to the threat of terrorism. Journal of Global Business Issues, 2(2), 217-221.

Fouche, H. (2009). Somali pirates take to the high seas: Expediency or long-term pirate strategy? Scientia Militaria: South African Journal of Military Studies, 37(2), 67-81.

Fritelli, J. F. (2005, May 27). Port and Maritime Security: Background and Issues for Congress (Congressional Report No. RL31733). Washington, DC: Library of Congress Congressional Research Services.

Gallagher, A. (2002). Trafficking, smuggling, and human rights: tricks and treaties. Forced Migration Review, 12(25), 8-36.

Gambhir, H. K., (2014). Backgrounder – Dabiq: The Strategic Messaging of the Islamic States.l.: Institute for the Study of War.

Gunning, J. (2009). Social movement theory and the study of terrorism. Critical terrorism studies: A new research agenda, 156-177.

Halberstam, M. (1988). Terrorism on the high seas: The Achille Lauro, piracy, and the IMO convention on maritime safety. The American Journal of International Law, 82(2), 269-310.

Jenkins, B. (1975). International Terrorism: A balance sheet. Survival: Global Politics andStrategy, 17(4), 158-162.

Joyner, C. (2009). Navigating Troubled Waters: Somalia, Piracy, and Maritime Terrorism. Georgetown Journal of International Affairs, 10(2), 83-91.

Kortepeter, M. G., Cieslak, T. J., & Eitzen, E. M. (2001). Bioterrorism. Journal of Environmental Health, 63(6), 21-24.

Kuzma, L. M. (2000). Terrorism in the United States. The Public Opinion Quarterly, 64(1), 90-105.

LaFree, G. & Bersani, B. E. (2014). County-level correlates of terror attacks in the United States. Criminology and Public Policy, 13(3), 455-481.

Landes, W. M. (1978). An Economic Study of U.S. Aircraft Hijacking, 1961-1976. Journal of Law and Economics, 21(1), 1-31.

Lemieux, A. F., Brachman, J. M., Levitt, J., & Wood, J. (2014). Inspire magazine: a critical analysis of its significance and potential impact through the lens of the information, motivation, and behavioral skills model. Terrorism and Political Violence, 26(2), 354-371.

Lewis, T. G. (2014). Critical infrastructure protection in homeland security: defending a networked nation. John Wiley & Sons.

McAlister, M. (2002). A cultural history of the war without end. The Journal of American History, 89(2), 439-455.

Moghadam, W. (2009). Motives for martyrdom: Al-Qaida, Salafi Jihad, and the spread of suicide attacks. International Security, 33(3), 46-78.

Niskanen, W. (2006). The several costs of responding to the threat of terrorism. Public Choice, 128(2), 351-356.

Parfomak, P. W., & Frittelli, J. (2007, January). Maritime security: Potential terrorist attacks and protection priorities. Library of Congress, Washington, DC: Congressional Research Service.

Phillips, P. J. (2010). The randomization of terrorist attacks. Defense & Security Analysis, 26(3), 261-272.

Plant, G. (1990). The Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation. The International and Comparative Law Quarterly, 39(1), 27-56.

Pomerantz, S. L. (1987). FBI and Terrorism, FBI Law Enforcement Bulletin, 56(11), 14-17.

Post, J., Sprinzak, E. & Denny, L. (2003). The terrorists in their own words: Interviews with incarcerated Middle Eastern terrorists. Terrorism and Political Violence, 15(1), 171-184.

Ringbom, H. (2008). The EU maritime safety policy and international law (pp. 93-95). Martinus Nijhoff Publishers.

Roach, J. A. (2004). Initiatives to enhance maritime security at sea. Marine Policy, 28(1), 41-66.

Ross, J. I. (1996). A model of the psychological causes of oppositional political terrorism. Peace and Conflict: Journal of Peace Psychology, 2(2), 129-141.

Selliaas, A. (2012). From Olympic Massacre to the Olympic Stress Syndrome. International Review for the Sociology of Sport, 47(3), 379-396.

Shane, J. M., & Lieberman, C. A. (2009). Criminological theories and the problems of modern piracy. Modern Piracy and Maritime Terrorism: The Challenge of Piracy for the 21^st Century, 271-290.

Sittnick, T. M. (2005). State responsibility and maritime terrorism in the Strait of Malacca: Pursuing Indonesia and Malaysia to take additional steps to secure the strait. Pacific Rim Law and Policy Journal, 14(3), 743-769.

Sivek, S. C. (2013). Packaging inspiration: Al Qaeda’s digital magazine Inspire in the self-radicalization process.

Skillicorn, D. B., & Reid, E. F. (2013, June). Language use in Inspire magazine. In Intelligence and Security Informatics (ISI), 2013 IEEE International Conference on (pp. 239-244).

SOLAS Container Weight Ship Verification Requirements. (2015). Retrieved on July 1, 2017 from http://www.worldshipping.org/industry-issues/safety/WSC_Summarizes_the_Basic_Elements_of_the_SOLAS_Container_Weight Verification_Requirement January_2015_-3-.pdf

Stern, J. (2003). The protean enemy. Foreign Affairs, 82(4), 27-40.

Storey, I. (2008). Securing Southeast Asia’s sea lanes: a work in progress. Asia policy, 6(1), 95-128.

Sweet, K. M. (2006). Emergency Preparedness for Catastrophic Events at Small and Medium. 1-34.

Sized Airports: Lacking or Not? Journal of Air Transportation, 11(3), 110-143.

Winter, L. (2011). The Abdullah Azzam Brigades. Studies in Conflict & Terrorism, 34(11), 883-895.Ward, T. A. (2009). Piracy in Somalia: Interbehavioral assessment and intervention. Behavior and Social Issues, 18(2009), 136-154.

Author Biographies

Professor Darren Stocker

Darren K. Stocker is a tenured professor of criminal justice at Cape Cod Community College and is the Coordinator of the Criminal Justice Department. He is a member of the Academy of Criminal Justice Science and the American Society of Criminology, and is a Charter Member of the BioPsySoc Division, established in 2017. He has spoken extensively throughout the U.S. and The Netherlands. Professor Stocker has authored or coauthored more than 50 peer journals, trade journals, and book chapters. He does research on policing, vicarious trauma, and in other areas of criminal justice. He is currently serving as a Grant funded Research Fellow studying drug courts. He is a recognized consultant and expert witness on policing and corrections.

Professor Stocker is an honors graduate of West Chester University. He earned graduate degrees from Saint Joseph’s University in Philadelphia and from the University of Massachusetts – Boston, where his studies included Adult Education theory and Instructional Design. Darren has designed multiple courses at each academic level on multiple learning management systems. He is completing his doctoral dissertation at Northeastern University in Boston.

Darren travels extensively and enjoys exploring obscure areas and uncommon international destinations, learning language and cultures.

Dr. Thomas Rzemyk

Dr. Thomas J. Rzemyk serves as a university professor, researcher, and subject matter expert (SME) in criminal justice, homeland security, counterterrorism, and cyber security. Thomas is a renowned international speaker, educational researcher, college instructor, and academic writer. Dr. Rzemyk has presented research at several prestigious academic and industry level conferences across the globe over the past several years. (i.e. Academy of Criminal Justice Sciences-ACJS, The American Society of Criminology-ASC, Eastern Sociological Society-ESS, Northeastern Academy of Criminal Justice Sciences-NEACJS, Midwestern Academy of Criminal Justice Sciences-MWACJS, and many more). He has written several articles, scholarly papers, book chapters, and other published works in the areas of: cyber security, public policy, school safety and security, education, criminal justice, homeland security, counter terrorism, post war reconstruction, and many other areas. He has worked in both public and private education for almost 15 years and serves on numerous boards and committees.

Dr. Rzemyk also holds industry level certifications such as the CHPP-Certified Homeland Security Professional certification and the CAS-Certified Anti-terrorism Specialist certification. In 2018 he was certified by the Department of Homeland Security (DHS) and the New Mexico Tech Energetic Materials Research and Testing Center as a training instructor for the Incident Response to Terrorist bombings-IRTB course which trains first responders and public/private security personnel to respond to IED’s, bombs, and other terrorist devices through resiliency and reactionary-based planning tactics and strategies.

Dr. Rzemyk resides in Blair, Nebraska with his two children and Australian Shepard/Poodle. (Aussiedoodle) He enjoys traveling internationally, fishing, camping, skydiving, scuba diving, writing, and aviation.

Dr. Charles Kocher

Upon retirement, Kocher pursued a second career in higher education and served as Coordinator for the Criminal Justice Program at Cumberland County College, New Jersey and as Dean for the Business, Education and Social Sciences Division of the College. Presently, he teaches Criminal Justice related courses at Columbia Southern University and Saint Joseph’s University for graduate level courses.

Formal education includes studies at Villanova University, Rowan University and Saint Joseph’s University. Charles has earned a Master of Arts from Rowan University and a Master of Science from Saint Joseph’s University. His doctorate’s studies were conducted at Saint Joseph’s University for Higher Education Administration and a Ph.D. from California Coast University. In addition, he has several certificates from Rutgers University and Harvard University. He is an active member of the Wilmington University and Holy Family University Advisory Boards.

Prof. Darren Stocker, Dr. Thomas Rzemyk, & Dr. Charles Kocher

+ posts

Author Biographies

Professor Darren Stocker

Darren travels extensively and enjoys exploring obscure areas and uncommon international destinations, learning language and cultures.

Dr. Thomas Rzemyk

Dr. Rzemyk also holds industry level certifications such as the CHPP-Certified Homeland Security Professional certification and the CAS-Certified Anti-terrorism Specialist certification. In 2018 he was certified by the Department of Homeland Security (DHS) and the New Mexico Tech Energetic Materials Research and Testing Center as a training instructor for the Incident Response to Terrorist bombings-IRTB course which trains first responders and public/private security personnel to respond to IED's, bombs, and other terrorist devices through resiliency and reactionary-based planning tactics and strategies.

Dr. Charles Kocher

Charles J. Kocher is a retired police Deputy Chief from Camden, New Jersey. During his law enforcement career, he was responsible for implementing many innovative programs including a paper-less reporting system, four city-wide community police sub-stations and founded the Camden Police Historic Museum. Other assignments included but not limited to serving as the Academic Director for the Police Academy, Planning/Research and Grant Unit, Budget Unit and Administrative Assistant to the Chief of police.
Upon retirement, Kocher pursued a second career in higher education and served as Coordinator for the Criminal Justice Program at Cumberland County College, New Jersey and as Dean for the Business, Education and Social Sciences Division of the College. Presently, he teaches Criminal Justice related courses at Columbia Southern University and Saint Joseph’s University for graduate level courses.

Areas: Criminal Justice, Emergency Management, Homeland Security
Categories: Criminal Justice, General, Terrorism
Tagged: Criminal Justice, Homeland Security, Lone Offender, Maritime Legislation, Maritime Safety, Maritime Security, Terrorism