INTRODUCTION
Piracy and armed robbery at sea, a phenomenon that can be seen all around the world is now the most evident in Southeast Asia, an area where vital shipping lanes such as the Strait of Malacca and the Singapore Strait can be found. Although Somalia is commonly known to be the hotspot for piracy and armed robbery, Southeast Asia is now the world’s most dangerous region for piracy[1], due to Southeast Asia being the home to one of the world’s most strategic and busiest maritime regions.
When examining piracy and armed robbery at sea, it is important to draw a clear distinction between the two. Legally, piracy occurs on the high seas, referring to the seas that are open to all states, even if they are landlocked.[2] On the other hand, armed robbery takes place within a state’s territorial waters or internal waters[3], which implies that piracy has universal jurisdiction and armed robbery is regulated by the state’s jurisdiction, highlighting the importance of differentiating between the two for the prosecution of the crimes. However, for a clearer understanding of the definitions of piracy and armed robbery, a reference to Article 101 of United Nations Convention on the Law of the Sea(UNCLOS) and the International Maritime Organization (IMO’s) Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery Against Ships can be done.
According to the Article 101 of UNCLOS, piracy is defined as “any illegal act of violence, detention, or depredation committed for private purposes by the crew or passengers of a private ship or aircraft, and directed either against another ship, aircraft, persons, or property on the high seas or in areas beyond the jurisdiction of any state, alsoincluding voluntarily operating a pirate vessel with knowledge of its status, as well as inciting or intentionally facilitating such acts”.[4] Furthermore, IMO’s Code states that armed robbery is “any illegal act of violence, detention, depredation, or the threat to commit such acts, carried out for private purposes and directed against a ship, its crew, or property on board within a state’s internal, archipelagic, or territorial waters, including any act of encouraging or intentionally assisting in the commission of such offenses”.[5]
I. LEGAL FRAMEWORK AND INTERNATIONAL RESPONSE
It is observed that the health and safety of crew members and the security of sea travel and business can be jeopardized by acts of piracy.[6] These acts can quickly develop into a critical issue since it can lead to disruptions to shipping and trade, financial losses for shipowners, environmental harm, physical harm, and in some cases loss of life.[7]
These challenges faced by many nations require effective solutions. In line with this, Article 100 of the UNCLOS establishes that all States must cooperate for the repression of piracy, moreover, Article 105 declares that States have universal jurisdiction on the high seas, and they can capture pirate ships or aircraft, or any that have been taken over by pirates, and arrest the people involved and take the property on board.[8] Additionally, the States were asked to take the necessary steps to prosecute people suspected of committing piracy, which encouraged states, with the International Maritime Organization (IMO), to fight piracy and armed robbery at sea by taking action and creating national laws to address the issue.[9]
In order to monitor the implementation of these legal obligations, The Division for Ocean Affairs and the Law of the Sea, as the secretariat of UNCLOS, has a role of ensuring the uniform application of its provisions, as well as, providing information on relevant developments in oceans and the law of the sea to the General Assembly.[10]Division for Ocean Affairs and the Law of the Sea also prepares annual reports including data on developments in the field of piracy and other offenses at sea.[11] Similarly, IMO has been collating and disseminating data on piracy and armed robbery reports submitted by member states and relevant international organizations which are a main tool for trends and response tracking in maritime crime.[12] The reports provide details on the impact of the attack and its consequence on the crew, ship, and cargo being carried on board.[13] Data collection will help with transparency and understanding the patterns of piracy and armed robbery which can help with preventing these crimes to some extent.
II. SOUTHEAST ASIA
Southeast Asia has been dealing with piracy since the 5th century, escalating during the European colonial expansion.[14] During the 90s a wave of piracy was observed, mainly because of the Asian Financial Crisis and increased China bound trade, in return, companies turned to private maritime security companies (PMSCs) for protection.[15] In 2004, MALSINDO, which provided continuous maritime surveillance throughout the year, was launched which evolved into the Malacca Strait Patrols in 2006, introducing the concept of hot pursuit allowing coastal states to follow foreign vessels suspected of violating national laws beyond their territorial waters.[16]
In 2005, Lloyd’s Market Association declared the straits a high-risk zone in 2005, raising insurance costs which in response led to Indonesia, Malaysia, Singapore, and Thailand increasing coordinated patrols.[17] This led to many nations joining The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP), Information Fusion Centre (IFC), and IMB which helps improving data sharing, response, provide information to prevent piracy.[18] Even though Indonesia and Malaysia didn’t join ReCAAP officially, they now work closely with it.[19] Additionally in 2005, the Eyes in the Sky patrol was launched, marking the first use of maritime aircraft for surveillance and a significant shift as coastal states prioritized regional security over strict sovereignty.[20] To further enhance maritime security in the Sulu and Celebes Seas, Malaysia, Indonesia, and the Philippines established the Trilateral Maritime Patrols (TMP) in 2017, followed in 2018 by the United Nations Office on Drugs and Crime (UNODC’s) Global Maritime Crime Programme (GMCP) Contact Group, which brings together stakeholders from law enforcement, diplomacy, academia, and the private sector to coordinate responses and improve collective understanding of crime trends in the region. [21]
Pirates have long operated in these waters in pursuit of financial gain, and their activities persist to this day, now also involving crimes such as terrorism and drug trafficking which they do by leveraging political weakness, crossing borders, and capitalize on rising inequality.[22] Another method adopted is the use of ships flying flags of convenience, using one country’s ship while having another country’s flag, where short term contracts make accountability difficult.[23]
Looking at the data of piracy and armed robbery against ships (ARAS) in Asia reported during January-March 2025, we can observe a 48% increase in the number of incidents from January-March 2024 in which 29 incidents were reported.[24] In the first quarter of 2025, a total of 43 incidents were reported, including two piracy cases in the South China Sea and 41 incidents of armed robbery against ships, with the Straits of Malacca and Singapore experiencing a sharp rise from 11 to 36 incidents in only a year, prompting ReCAAP ISC to issue four incident alerts to warn the maritime community of the threat.[25] These incidents are organized under 4 categories by the ReCAAP ISC. These are done in order to show the intensity levels. These are: [26]
- CAT 1: This is the most severe incident. In this case, attackers are armed with guns or knife, are not hesitant to attack the crew members and steal cargo. [27]
- CAT 2: Attackers are mostly in groups of 4 to 9 people, equipped with knives or machetes, in most cases crew are threatened, and they may suffer assault while the ship is searched for cash.[28]
- CAT 3: Most attacks are carried out by groups of 3 to 4 people using sticks or bats, during which the crew may be threatened and ship stores or engine spares are stolen.[29]
- CAT 4: Attackers, usually one to three unarmed individuals, often flee empty-handed if spotted and the crew raises an alarm, with no threats made against the crew.[30]
III. MALACCA STRAIT AND SINGAPORE
Piracy and armed robbery against ships transiting the Strait of Malacca and Singapore has been a significant threat for decades, with incidents ranging from the hijacking and siphoning of oil tanker cargoes to the kidnapping of crew members and the seizure of smaller vessels. [31] In response to these persistent threats, vessels operating in the area are required to comply with the International Ship and Port Facility Security (ISPS) Code under the SOLAS Convention, which mandates that ships hold a valid ISPS certificate and implement a Ship Security Plan (SSP) as part of a broader effort to safeguard maritime operations. [32]
The ISPS Code outlines three security levels:
- Level One: the baseline for normal operations
- Level Two: indicating heightened security
- Level Three: reflecting an exceptional security situation
While Singapore typically sets the SOMS region at Level One, certain flag states, such as China and Liberia, impose stricter standards, assigning Level Three and Level Two respectively, based on their own threat assessments and although the SOMS is no longer officially classified by the Joint War Committee (JWC) as a high-risk zone, it continues to be treated as an area of concern under the framework of the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP), and accordingly, the Malacca Strait and Singapore Strait Maritime Information Agency (MMIA) advises that vessels navigating the region adopt at least Security Level Two as a precautionary measure.[33]
IV. OTHER COUNTRIES
This regional threat is particularly acute for Indonesia, whose archipelagic waters are rich in natural gas and petroleum, making its vessels frequent targets for maritime crime.[34] As a result, maritime crime incidents near Indonesia surged between 2009 and 2013 and although piracy and armed robbery are punishable under Indonesian law by up to 15 years in prison, or life imprisonment or the death penalty if resulting in death, limited defense resources hinder enforcement.[35]
Malaysia faces similar challenges, though it lacks a dedicated anti-piracy law, the Maritime Enforcement Agency Act (2004) and various enforcement bodies, including the Royal Malaysian Navy, Police, Customs, and Fisheries Department handle piracy-related offenses.[36] In contrast, Thailand experiences fewer piracy incidents than Indonesia or Malaysia, seeing armed robberies in both the Gulf of Thailand and the Andaman Sea.[37] The Royal Thai Navy leads maritime enforcement, operating the Coast Guard Command and supporting other agencies within Thailand’s territorial and contiguous waters.[38]
CONCLUSION
In conclusion, the Southeast Asia has long faced the consequences of piracy and armed robbery. Although multiple agreements and organizations were formed in order to tackle the problem, these crimes can still be observed. In the future, the coordination between international, regional, and national actors, such as regional institutions likeAssociation of Southeast Asian Nations (ASEAN) can be helpful. In particular, joint maritime patrols, coordinated information sharing, and regional trust-building initiatives can improve responsiveness and reduce jurisdictional gaps.
Furthermore, the effectiveness of legal enforcement remains critical. Enhancing the implementation of international legal frameworks, such as UNCLOS, and bringing offenders to justice through fair and consistent prosecution will increase deterrence. Aside from that, investing in sharedeconomic prosperity and maritime security for poor coastal communities would also be a great tool to aid the resolution of the issue. It is only through such strategy that Southeast Asia can ensure long-term security of its vital maritime trade lanes.
[1] Timestaff, ‘Pirates in Southeast Asia: The World’s Most Dangerous Waters’ (Time, 26 May 2021) <https://time.com/piracy-southeast-asia-malacca-strait/> accessed 23 July 2025
[2] ‘Preamble to the United Nations Convention on the Law of the Sea’ (United Nations) <https://www.un.org/depts/los/convention_agreements/texts/unclos/part7.htm> accessed 23 July 2025
[3] (Piracy – maritime global security) <https://www.maritimeglobalsecurity.org/risksissues/piracy/> accessed 23 July 2025
[4] ‘Legal Framework for the Repression of PIRACY UNDER UNCLOS’ (United Nations) <https://www.un.org/depts/los/piracy/piracy_legal_framework.htm> accessed 23 July 2025
[5] ‘Piracy and Armed Robbery against Ships’ (International Maritime Organization) <https://www.imo.org/en/ourwork/security/pages/piracyarmedrobberydefault.aspx> accessed 23 July 2025
[6] ‘National Legislation on Piracy’ (United Nations) <https://www.un.org/depts/los/piracy/piracy_national_legislation.htm> accessed 23 July 2025
[7] Ibid
[8] ‘Legal Framework for the Repression of PIRACY UNDER UNCLOS’ (United Nations) <https://www.un.org/depts/los/piracy/piracy_legal_framework.htm> accessed 23 July 2025
[9] ‘National Legislation on Piracy’ (United Nations) <https://www.un.org/depts/los/piracy/piracy_national_legislation.htm> accessed 23 July 2025
[10] ‘National Legislation on Piracy’ (United Nations) <https://www.un.org/depts/los/piracy/piracy_national_legislation.htm> accessed 23 July 2025
[11] (Isa) <https://www.isa.org.jm/wp-content/uploads/2022/12/2019_09_03_doalos_activities_for_isa_rev_0.pdf> accessed 23 July 2025
[12] ‘Piracy and Armed Robbery against Ships’ (International Maritime Organization) <https://www.imo.org/en/ourwork/security/pages/piracyarmedrobberydefault.aspx> accessed 23 July 2025
[13] Ibid
[14] Marshall Reid FC, ‘Countering Maritime Piracy in Southeast Asia’ (THE INTERNATIONAL AFFAIRS REVIEW, 24 September 2020) <https://www.iar-gwu.org/print-archive/qkr0pd3r06y36dbx1ci21ve79ybhjz> accessed 23 July 2025
[15] (Insurers and shippers combat piracy in Southeast Asia | east asia forum) <https://eastasiaforum.org/2024/05/17/insurers-and-shippers-combat-piracy-in-southeast-asia/> accessed 23 July 2025
[16] Bellabarba G, ‘The Coastal States Tackling Piracy in the Malacca Strait – Security Outlines’ (Security Outlines – česko-slovenský portál o bezpečnosti, 11 May 2025) <https://securityoutlines.cz/the-coastal-states-tackling-piracy-in-the-malacca-strait/> accessed 23 July 2025
[17] Timestaff, ‘Pirates in Southeast Asia: The World’s Most Dangerous Waters’ (Time, 26 May 2021) <https://time.com/piracy-southeast-asia-malacca-strait/> accessed 23 July 2025
[18] Ibid
[19] (Insurers and shippers combat piracy in Southeast Asia | east asia forum) <https://eastasiaforum.org/2024/05/17/insurers-and-shippers-combat-piracy-in-southeast-asia/> accessed 23 July 2025
[20] Mui LY, ‘Piracy and Armed Robbery as an Evolving Threat to Southeast Asia’s Maritime Security’ (Asia Maritime Transparency Initiative, 7 December 2022) <https://amti.csis.org/piracy-as-an-evolving-threat-to-southeast-asias-maritime-security/> accessed 23 July 2025
[21] Mui LY, ‘Piracy and Armed Robbery as an Evolving Threat to Southeast Asia’s Maritime Security’ (Asia Maritime Transparency Initiative, 7 December 2022) <https://amti.csis.org/piracy-as-an-evolving-threat-to-southeast-asias-maritime-security/> accessed 23 July 2025
[22] Marshall Reid FC, ‘Countering Maritime Piracy in Southeast Asia’ (THE INTERNATIONAL AFFAIRS REVIEW, 24 September 2020) <https://www.iar-gwu.org/print-archive/qkr0pd3r06y36dbx1ci21ve79ybhjz> accessed 23 July 2025
[23] Timestaff, ‘Pirates in Southeast Asia: The World’s Most Dangerous Waters’ (Time, 26 May 2021) <https://time.com/piracy-southeast-asia-malacca-strait/> accessed 23 July 2025
[24] (Recaap) <https://www.recaap.org/resources/ck/files/reports/quarterly/Q1%202025%20report(final).pdf> accessed 23 July 2025
[25] Ibid
[26] (Recaap) <https://www.recaap.org/resources/ck/files/reports/quarterly/Q1%202025%20report(final).pdf> accessed 23 July 2025
[27] ‘Straits of Malacca and Singapore Piracy/Armed Robbery: Attacks Continue into 2025’ (Maritime Mutual, 16 January 2025) <https://maritime-mutual.com/risk-bulletins/straits-of-malacca-and-singapore-piracy-armed-robbery-attacks-continue-into-2025/> accessed 23 July 2025
[28] Ibid
[29] Ibid
[30] Ibid
[31] Limited BPPC, ‘Ship Piracy, Robberies up 83% This Year in SE Asia’ (https://www.bangkokpost.com, 10 July 2025) <https://www.bangkokpost.com/business/general/3066820/ship-piracy-robberies-up-83-this-year-in-se-asia> accessed 23 July 2025
[32] ‘Straits of Malacca and Singapore Piracy/Armed Robbery: Attacks Continue into 2025’ (Maritime Mutual, 16 January 2025) <https://maritime-mutual.com/risk-bulletins/straits-of-malacca-and-singapore-piracy-armed-robbery-attacks-continue-into-2025/> accessed 23 July 2025
[33] Ibid
[34] Published by Statista Research Department and 10 J, ‘Global LNG Export Volume by Country 2024’ (Statista, 10 July 2025) <https://www.statista.com/statistics/274528/major-exporting-countries-of-lng/> accessed 23 July 2025
[35] (Piracy in South East Asia: Indonesian & …) <https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1298&context=ijil> accessed 23 July 2025
[36] (Piracy and armed robbery in Southeast Asia: The need for a fresh approach – the diplomat) <https://thediplomat.com/2023/05/piracy-and-armed-robbery-in-southeast-asia-the-need-for-a-fresh-approach/> accessed 23 July 2025
[37] (Piracy in South East Asia: Indonesian & …) <https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1298&context=ijil> accessed 23 July 2025
[38] (ASEAN) <https://aseanregionalforum.asean.org/wp-content/uploads/2019/10/Annex-14-Session-34-Presentation-by-Thailand.pdf> accessed 23 July 2025