Tracking down and destroying traffickers' boats, a new CSDP operation?

Destruction of a pirate skiff by the German Navy (credit: Bundeswehr)

(BRUSSELS2) The Heads of State and Government will have to vote this Thursday (23 April) on one of the most innovative proposals made by the European Commission and the High Representative at the last Council of Foreign Affairs Ministers on Monday (20 April) in Luxembourg: carry out an action to “ capture and destroy vessels used by traffickers » of human beings in the Mediterranean (1).

A proposal that clashes with the wait-and-see attitude that prevailed until today and deserves some details. This is a first in more ways than one. And nothing is still very clear to use the terminology used by several of the European diplomats and experts consulted by B2.

A first ...

Until now, the Commission has refused to take any targeted action against traffickers. Commissioner Avramopoulos had certainly shown, at the beginning of the year, his determination to act (Read: Against migrant smugglers, we will act (Avramopoulos). He seemed a little lonely. B2 had asked the Commission spokesperson the question several times. The answer was, invariably, to refer the question to the Member States (read in particular: Drive the migrant ships to the coast. The new tactic of migrants). The European executive has therefore just made a major turnaround. A turnaround that does not seem to be fully shared. The Commission spokesman was therefore very cautious on Tuesday in answering a journalist's question that “Avramopoulos, as commissioner, is entitled to announce new leads. But the decision is up to the college. It should also be noted that the Commission had never, as such, proposed any action to be taken under the CSDP. Usually, this initiative came more from the High Representative of the EU, or from a Member State.

The skeleton of an option

According to the information that has been "returned" to us, this "idea" is not the translation of any military option, already worked out, worked out, and ready for a decision. It is more part of a panel of possible options in which the Commission (Dimitris Avramopoulos and especially Federica Mogherini as Vice-President) have chosen the option that seems the boldest, but also the most complex possible. It also meets the will of several countries on the Mediterranean border to act in a more determined way in the Mediterranean: Italy, Greece, Malta... It is not very far from the wish expressed by the French Minister of Defence, Jean- Yves le Drian, to have a more determined action in Libya (especially against the terrorist networks rather than the traffickers themselves).

An Italian proposal

This proposal did not come out of nowhere. In November 2013, after the tragedy in Lampedusa, the Italian Foreign and Defense Ministers, Emma Bonino and Mario Mauro, sent a joint letter to the then High Representative, Catherine Ashton, to study the option of a CSDP operation on immigration. In particular, they asked that all possible options for a CSDP operation led by the European Union against the trafficking of human beings across the Mediterranean are explored with the aim of deterring criminal organisations, enabling the prosecution of traffickers, in collaboration with the Coastal States and international organizations commonly involved in assisting victims of such crimes ". A proposal quickly died out which had come up against the barely declared hostility of several Member States and a weak enthusiasm from European structures.

Negotiate from above

Commissioner Avramopoulos, who was Minister of Defense at the time and sat on the Council, like the High Representative of the EU, Federica Mogherini, who was then only a member of the Foreign Affairs Committee, no doubt remembers this very well. The case had signed an admission of failure of the strength of Italian conviction within Europe. Today both of them are trying, very logically, to obtain an agreement very quickly, at the highest possible level – that of Heads of State and Government. Which is the only way to silence all the objections that will inevitably arise during the discussions throughout the chain of the process and would lead either to blocking any initiative, as in 2013, or to delaying it significantly, as for Atalanta, today. much vaunted as an example.

A military operation with a series of problems to solve

An operation of this type, "catch and hit" (catch and destroy) is however not easy to set up. This is not a typical Frontex operation because it has to take place in the open sea or even in other (non-European) territorial waters. It's a real military operation. Even the most robust CSDP operations have not had the primary objective of capturing "enemies" and destroying adversary assets. This therefore requires serious preparation and serious means:

1° A thorough legal analysis. Seizing property (a ship) at sea first requires determining the applicable law. This is not obvious on the high seas when the ship flies a flag which is not that of the forces seizing it), and involves people who do not have the nationality of the country concerned. It will take established evidence of involvement in trafficking, judicial review and then bringing the suspects to justice. In this, we are closer to the operations to fight against drug traffickers, with the difference that we will expect them in areas that are not territorial waters.

2° Solid means of tracing (maritime patrol planes, drones, etc.) and intelligence to identify traffickers but also to be sure of being able to reach them, at the most appropriate time, without causing collateral damage to potential migrants, or even suspects.

3° Robust means of action, of the marine commando or special forces type, to capture ships; accompanied by helicopters and warships, the only ones capable of apprehending traffickers on the high seas. Exchanges with smugglers show that they do not hesitate to shoot if necessary.

4° A strong political commitment. It will be necessary to accept that there may be human losses, either on the side of the suspects or on the side of the migrants if they are used as human shields (2), or on the side of the European forces.

5° A unanimous decision. Failing to obtain total unanimity in the Council of the European Union, we must at least obtain a serious consensus. Admittedly, one could consider entrusting this task to a "group of nations", as provided for in the Lisbon Treaty. But that does not dispense with having a decision taken unanimously by the 27 Member States (Denmark does not take part in the military decisions of the EU). Read about the Club: Article 44 under discussion

6° An acquiescence from the international community. Finally, and above all, it will be necessary to obtain, in one way or another, an authorization for action from the United Nations. This could be done with a Security Council resolution, another equivalent mechanism (diplomats are often very ingenious in these matters...).

7° Precise operating methods. It will also be necessary to define a general action framework, a crisis management concept (CMC), an operation plan (Conops and OpPlan), rules of engagement, etc. before gathering the necessary means, find out who wants to participate.

(Nicolas Gros-Verheyde)

(1) The Commission proposal mentions the following: “ A systematic effort to capture and destroy vessels used by the smugglers. The positive results obtained with the Atalanta operation should inspire us to similar operations against smugglers in the Mediterranean »

(2) Traffickers are highly organized and determined and adaptable. It would not be surprising if they reacted and adapted their approach tactics to have human shields on board. This will further complicate operations.

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