Please do not circulate or cite without the authors permission. To contact the author, email: [email protected] Operation Atalanta: A Rational Choice Approach Supervisor: Dr Hylke Dijkstra Ravi Sodha (I6019134) Word Count: 14,678 Date: 1/7/11 MA Thesis Abstract: It seems to be widely accepted that a different approach to tackle the root causes in Somalia is necessary in order to successfully deal with piracy. This paper will analyse why Operation Atalanta is still operational in its current form. This research will answer the question by analysing the empirical data collected through the lenses of the rational choice approach, the institutional explanation, and constructivism. The paper will show that the rational choice approach will best answer the question through the utilisation of the costbenefit analysis. The empirical data clearly shows a cost-benefit analysis, with evidence of there currently being significant benefits for low costs through this mission. This proves that the rational choice approach comprehensively determines why Operation Atalanta is still operational in its current form. Key words: Operation Atalanta, EU NAVFOR, CSDP, piracy, Somalia, rational choice approach 1 Contents 1) Introduction p. 3 2) Explaining Operation Atalanta p. 7 2.1) Rational Choice Approach p. 7 2.2) Institutional Explanation p. 10 2.3) Constructivism p. 12 3) Operation Atalanta‟s Mandate p. 14 4) Current Results of the Mission p. 19 5) Why is Operation Atalanta still Operational in its Current Form? p. 24 5.1) Institutional Explanation p. 24 5.2) Constructivism p. 27 5.3) Rational Choice Approach p. 29 5.4) Overall Analysis p. 31 6) Conclusion p. 33 7) References p. 37 2 1. Introduction “What can be done to stop the surge of piracy on the high seas? The answer lies primarily onshore1 in South Central Somalia” (IMB, 2010, p. 23). This is the view of the International Maritime Bureau (IMB) – a division of the International Chamber of Commerce (ICC) on maritime affairs - on how to successfully tackle the issue of piracy off the coast of Somalia and in the Gulf of Aden. The IMB also states that “all measures taken at sea to limit the activities of the pirates are undermined because of a lack of responsible authority back in Somalia from where the pirates begin their voyages and return with hijacked vessels” (ibid.). One would presume that the European Union (EU) would pay attention to views such as this. Even though official statements are stating that we must target the root causes of piracy, namely within Somalia, the EU and NATO are continuing to solely focus on issues at sea and short term initiatives to tackle piracy (Strickmann, 2009, p. 3). Laing stated that “the international naval response to Somali piracy has been tentative and reactive. Sixteen warships patrolling an area that is two-thirds the size of the EU does not imply a strong resolve to find a solution to the problem” (Laing, 2010). These statements confirm the view that Operation Atalanta is only tackling the consequences of problems within the Somali state, rather than actually engaging in the causes, which would in turn stop the allure of piracy. There are also other views on Operation Atalanta. At the operation‟s inception, David Miliband – the former UK Foreign Minister – stated that the mission would be able to effectively disrupt acts of piracy as well as tackle the issue as a whole (Norton-Taylor, 2008). The idea of the mission being successful is supplemented by the opinion of Rear Admiral Thomas Ernst - the Deputy Operation Commander of the EU NAVFOR up until the beginning of this year - that Operation Atalanta has been successful in adhering to the ambitions set out in the mandate (Ernst, 2010). This shows that Atalanta is not being solely being considered as a failure, but also successful in its own right. Operation Atalanta has been deemed a success by some, but the EU‟s response to piracy has been regarded by others to be the major failure. Therefore, perhaps it is that the mandate of the operation, itself, is a failure in the response to piracy off the coast of Somalia and in the Gulf of Aden. 1 Emphasis added 3 Although, primarily, the reasons as for the EU‟s involvement in Somalia must be known. Germond and Smith (2009) have claimed that “Somalia [is] the new piracy capital of the world” (p. 579). In 2008, 111 out of the total 293 global piracy attacks happened off the coast of Somalia, which shows how the issue of piracy in the region has become a global concern (Strickmann, 2009, p. 1). Moreover, the rise of piracy in the area has meant that the waters have become very dangerous for the World Food Programme (WFP) and for shipping companies. The danger to the WFP has been especially detrimental with the UN Security Council resolution 1838 stating that almost 3.5 million Somalis will need food aid by the end of 2008 (House of Lords, 2010, p. 7). According to officials at EU NAVFOR, piracy currently makes more sense than conventional work because Somalia is a „failed state‟ and pirates can earn substantially more money than others working in the country. The WFP have been putting pressure upon the EU to act in the area and have stated that without assistance, they will not transit the area, thus putting millions of Somalis at risk of a lack of availability to necessary food (Interview with an EU NAVFOR Official, 2011). Furthermore, as well as piracy posing a problem to the WFP and hence the Somali people, there is also the impact on international trade. Insurance premiums have drastically increased because of the danger of transiting the area and also the costs of diverting away from the Gulf of Aden mean that goods and oil that travel through the region will increase in price to consumers (Middleton, 2008). Therefore, piracy off the coast of Somalia and the Gulf of Aden is a major issue to the Somali people and to the international community, and this proves why the EU is present in the region under the Common Security and Defence (CSDP)2 mission Operation Atalanta. Operation Atalanta is the EU‟s mission off the coast of Somalia and in the Gulf of Aden to tackle piracy. The mission was created on 18 November 2008 after the Council Joint Action of 10 November 2008 and was intended to run for just one year (Council of the EU, 2008). The operation was then subsequently extended in December 2009 for a period of one year and then on 8 December 2010 for a further two years until the current deadline of December 2012 (EU NAVFOR, 2010). As the operation has been extended twice, it would be acceptable to say that the EU is content with the mandate and success of Atalanta, and hence is maintaining the status quo. Officials at the EU Naval Force Somalia (EU NAVFOR) have also admitted that the “solution lies ashore” and that a comprehensive approach encompassing diplomatic relations, 2 Formerly, European Security and Defence Policy (ESDP) 4 military force, economic assistance, and industrial development is needed (Interview with an EU NAVFOR Official, 2011). Due to the fact that the mandate has been extended twice, it is perhaps more prudent to research the reason for the extensions of the mission. This is very important because since the mission began, there have been widespread views that a comprehensive approach is needed, including from the IMB. The current mission is a major part of the EU‟s developing Common Foreign and Security Policy (CFSP) and CSDP. Although as has been shown thus far, there is much debate about whether this mission is correct in order to tackle the issue of piracy in the region. Whilst there are admissions of successes of the operation, many believe that more needs to be done and that the EU needs to take a different approach to tackling piracy. Therefore, the aim of this study is to answer the research question of this paper, which is „why is Operation Atalanta still operational in its current form?‟. This research will attempt to answer this question from a theoretical viewpoint, which could give an insight into CSDP decision making. This paper argues that the rational choice approach will offer the most comprehensive explanation to this question by comparing it to two other theories: the institutional explanation and constructivism. The rational choice approach would explain the research question by showing that the current mission is the rational optimal outcome because of the cost-benefit analysis. The institutional explanation would claim that institutions have influenced the decision to maintain Atalanta in its current form because it is in their own interests. Finally, constructivism would explain this research by highlighting the roles and responsibilities that the EU has in the global response to piracy in the region, and that Atalanta has continued in its current form because the EU cannot abandon these roles. This paper argues that the rational choice approach offers a better theoretical explanation than the other two theories. As will be shown later on in this study, there is clear evidence that the cost-benefit analysis has been used to determine the extent of this mission. Currently, Operation Atalanta is producing significant benefits that outweigh the costs of the mission. A more comprehensive approach in tackling piracy is not being pursued because the costs of that mission would escalate, but would not necessarily reap more benefits than the costs. The empirical study will show the qualitative data that illustrates the usage of the costbenefit analysis in the current mission, and also shows how the cost-benefit analysis disproves an extension of Atalanta. 5 The structure of the paper will begin with outlining the theories that are being used in the next chapter. This will include describing the three theories, offering examples of how they have been used in previous analyses of CFSP and CSDP, and then how they will be used in terms of this research. The purpose of the chapter will be to present the theories so that they can then be used later on to be able to decide which theory offers the best explanation to the research question. Chapter 3 will then state the details of the official mandate of Operation Atalanta in order to definitively understand the purpose of the mission and to be able to later analyse whether the mission has been successful. Following the chapter on the mandate, Chapter 4 will analyse the successes and shortcomings of the operation as of yet in order to display the empirical data that can be used to analyse the research question alongside the theories. Chapter 5 with then finally analyse the three different theories alongside the empirical data in order to decipher which theory offers the best explanation as to why Operation Atalanta is still operational in its current form. The data used in this research will mainly come from primary sources, namely official documents, speeches and interviews. The paper will therefore be able to conclude by discussing whether the rational choice approach offers the best explanation, if so, then why it does, and if not, then which theory does offer a better explanation. Therefore, this paper will be able to offer a theoretical analysis as to why Operation Atalanta is continuing in its current form in spite of the widely accepted views that a different approach is necessary. This research will also hopefully give an insight into the decision making in the EU, which - alongside further studies on CSDP missions - could suggest the way CSDP missions are decided upon. 6 2. Explaining Operation Atalanta The purpose of this research is to answer the question „why is Operation Atalanta still operational in its current form?‟. This chapter provides a theoretical standpoint. The three theories that will be used in this paper are the rational choice approach, the institutional explanation, and constructivism, due to the amount of past literature based upon these three theories in CFSP, which will be evident later in the chapter. These three theories have been chosen because of their differing nature, which should allow for a definitive conclusion on which theory offers the best explanation. Therefore, in this chapter, there will be a brief outline of each of the three theories that are being used in this research. Moreover, each subsection on a theory will firstly display the main components of the theory and then a brief outline of how the theory has already been used in CFSP. There will also be an explanation as to how each theory could be used to answer the research question. After outlining the theories, the empirical data of Operation Atalanta will be presented in the next two chapters in order to analyse the empirics of the study alongside each of the ideas in Chapter 5. Thus, this will allow a conclusion to be made on which theory offers the best explanation to the research question stated in the introduction. 2.1 Rational Choice Approach The first theory that will be used in this research is the rational choice approach. The theory has developed into being one of the major post-war approaches in International Relations and has increased understanding of both anarchy and cooperation (Snidal, 2002, p. 73). The main facet for the rational choice approach is the cost-benefit analysis. Actors “opt for the rationally best strategy to maximize their individual hierarchy of preferences” (Goldthau, 2009, p. 50). This approach is therefore very different to other traditional theories due to its calculative and often mathematical focus (Scott, 2000, p. 127). The focus on the cost-benefit analysis is an important component in the rational choice approach, and will be the focus of the theory in this paper. According to cost-benefit analysis, decisions are influenced by whether the costs outweigh the benefits, and thus, whether the decision would be rational. Therefore, there is a need to determine the outcomes of all possible actions (p. 128) and then choose the optimal outcome. However, there is also the assumption of „bounded rationality‟ 7 by Herbert Simon, with the possibility for one to be “successful by exploiting structures in their environments” even if one has limited information (Gigerenzer & Selten, 2002, p. 4). The theory assumes that actors‟ preferences are fixed and stable (Wagner, 2003, p. 576) and that “all involved players aim at achieving their goals at an optimal cost-benefit ratio” (Goldthau, 2009, p. 51). In terms of the definition of „cost‟, it is not just financial cost, but also the human cost and the cost to the social environment. For example, the optimal rational outcome to a security issue would be to establish security without harming relations with other allies (ibid.). On the other hand, within realism, the idea of establishing security without harming relations with other allies would constitute against the idea of relative gains in cooperation. Realists fear that “today‟s friend may be tomorrow‟s enemy in war”, therefore states must beware of allies gaining more than they do (Grieco, 1988, p. 487). The theory can also explain how actors behave in practice, as well as how they should behave (Snidal, 2002, p. 75). Other important aspects of the rational choice approach are that many other aspects of decision making must be ignored, such as the identity and culture of the actor (ibid.). The rational choice theory is a “simple approach”, which is traditionally encompassed within realism and neo-realism, but also now within neo-liberalism (pp. 74-76). Furthermore, Moe (2005) looked at the role of power and cooperation in political institutions, and concluded that rational choice theory needs to focus itself on power, as well as cooperation, which many rational choice studies have solely looked at. In terms of rational choice approach studies on the EU, many studies have been written about the use of the theory in explaining CSFP and CSDP. Musu (2003) claimed that national foreign policies can converge closer together whilst still being parallel to one another (p. 49). Wagner (2003) conducted a study on whether rational institutional choice could explain the intergovernmental nature of CFSP. According to him, under rational choice theory, more supranational competencies are not required to make EU crisis management more effective than it is with an intergovernmental nature (p. 589). The study looked at the extent and explanation of cooperation between Member States. Jonson (2006) used the rational choice approach to explain the development of CSDP, although again, this focused on the levels of cooperation. Furthermore, Goldthau‟s (2009) study concluded that rational choice offers a better explanation than neo-realism and domestic approaches to explain why EU Member States were divided over Iraq but then united over Iran. Whereas neo-realism was sufficient to explain both cases individually due to balancing or bandwagoning (p. 43), it could not offer an overall explanation for the two scenarios. Goldthau used game theory 8 within rational choice to explain how access to information explains the difference in the two cases, but also how rational choice and the cost-benefit analysis through game theory makes it mutually beneficial for Member States to cooperate and achieve the optimal outcome (p. 52). Duke (2009) concluded that after Operation Artemis, it could be seen that normative convergence was occurring in CSDP, and refuted the rational choice approach which would imply that national interests would not change (p. 410). He also stated that, as opposed to other theories on European integration, rational choice stipulates that actors‟ interest do not change, hence distancing itself from theories that point to convergence or divergence in states‟ interest (p. 395). Therefore, it can be seen what topics have been covered using the rational choice approach. Most academic literature surrounding CFSP and CSDP has used rational choice to explain cooperation amongst Member States, although there are also focuses on specific cases. Thus, the validity of using the rational choice approach in this paper is evident due to its usage in previous CFSP and CSDP studies. This research will attempt to use it to explain a different question but within the same policy area. According to the rational choice approach, Operation Atalanta is still operational in its current form because of the cost-benefit analysis. Any changes to the operation would either increase the financial and human costs or damage the social environment and harm relations with allies. Therefore, the current operation is providing the optimal outcome. More specifically, in order for the rational choice approach to be the best explanation, there must be evidence of benefits (i.e. successes of the mission) that are being achieved that can be concluded to outweigh the costs that the EU is facing. This means that the operation must be achieving its mandate. Moreover, there needs to be evidence that a more expansive mission would cause greater costs to the EU and would not necessarily offer greater benefits. Therefore, there needs to be evidence of qualitative analyses from officials that accept that if the operation was to become more comprehensive, then the costs of the mission would surpass the achievements that are reached. Hence showing that further goals would be more difficult to reach and also more costly or dangerous to reach. Thus, the rational choice would state that not only is the current operation the optimal decision, but also that any further developments to Operation Atalanta would not be rational due to the cost-benefit analysis. 9 2.2 Institutional Explanation The next theory that will be used in this study is the institutional explanation for the research question. The role of institutions and bureaucracy has become increasingly important in the decision making process within the EU with the increase in its competencies, and there have therefore been many studies on the idea. The institutional explanation centres on agendasetting and decision making, and these will be the main issues to focus upon. The beginning of the studies on institutions is believed by some to have been with Keohane and Nye‟s Power and Interdependence (1977) and Keohane‟s After Hegemony: Cooperation and Discord in the World Political Economy (1984), which has now formed into neoliberal institutionalism (Milner, 2009, p. 3). Milner stated that international institutions must be considered as non-state actors and that one must understand that they have more power than just military force and threats (pp. 4-5). The reason for the focus on institutions is “to analyze how the legal concept of state sovereignty and the practical fact of substantial state autonomy coexist with the realities of strategic and economic interdependence” (Keohane, 1988, p. 380). Moreover, it is necessary “to understand the conditions under which international cooperation can take place” because the preferences of individuals are influenced by the existence of institutions (pp. 380-382). Whilst studying the institutional explanation, one must remember the theory of „path dependency‟, which claims that institutions are difficult to change and hence results are not necessarily what the original creators wanted (Pierson, 2000). Institutionalism encompasses three different strands: historical, rational choice, and sociological institutionalism. These three strands need to be studied because of “the role that institutions play in the determination of social and political outcomes” (Hall & Taylor, 1996, p. 936). Therefore, there has been an increase of focus on institutions, particularly by Hawkins et al. (2006) stating that there is the need to determine whether they work for the states that are members or if they “implement policy decisions and pursue their own interests strategically” (p. 7). The scope of material on using the institutional explanation is growing with the increased prominence of the EU. In terms of studies on CFSP, Duke (2005) focused his study on the role of the Political and Security Committee (PSC)3 and its relations with other institutions. He stated that PSC are involved in every stage of Crisis Management (p. 25). Moreover, focusing on CSDP, Menon (2011) stated that CSDP is an attempt by Member 3 In Duke’s study, he used the French acronym COPS, meaning Comité politique et de sécurité 10 States to respond to security challenges institutionally (pp. 83-83). He highlighted “the importance of combining insights into the importance of institutional structures in shaping politics and society” (p. 84). Therefore, he sought to explain the nature and functioning of CSDP through the lens of historical institutionalism (p. 85). Furthermore, Mattelaer (2010) studied the planning process of CSDP missions. He stated that “operational planning takes the form of an iterative dialogue between political authorities and supporting staff”. Additionally, he stated the importance of researching the role of bureaucracy due to its position as a “bridge between the political aims and objectives” as well as “the operational means and resources” (p. 3). Vanhoonacker et al. (2010) conducted their research on bureaucracy by analysing who the actors are, why they matter and their interactions with other institutions including external institutions such as the UN. It is stated that the importance of research on institutions is because “much of the day-to-day policy-making is done through the supporting administrative level”. Moreover, the study on bureaucratic actors has become increasingly important because of the contrast the institutional explanation has with traditional International Relations theories, which “generally treat states as unitary actors” (p. 3). Furthermore, Dijkstra (2011a) and (2011b) researched the role of the Council Secretariat and concluded their vast involvement in the agenda-setting of CSDP missions. Therefore, there already exists extensive literature on the institutional explanation of CSDP missions. This paper will focus on the CSDP mission Operation Atalanta and the institutional explanation for the continued decision for the existence of the operation. The theory would state that the reason for the research question would be that Member States have different opinions on piracy and that institutions have been able to influence the continued existence of piracy at the top of the agenda. Institutions have also maintained the mission in its current form because an extension of the mission would not be in their interests and would offer disadvantages in comparison to the current form of Atalanta. Therefore, in order for the institutional explanation to offer a comprehensive approach to Operation Atalanta, there needs to be evidence of diverging Member State interests on piracy and how to best tackle it. This will include evidence of the current mission being in the interests of EU bureaucracy and institutions, with the operation being advantageous to them. The explanation must also account for the arguments put forward that state there should be a more comprehensive approach is necessary and show that the institutional explanation is able to explain why Operation Atalanta is still operational in its current form and why other approaches to the mission are not being implemented. 11 2.3 Constructivism Finally, this paper will also analyse the constructivist explanation for the research question. Constructivism rose as a theory to contrast the traditional rational-based theories (neo-) realism and (neo-) liberalism. There are many different versions of the theory, but a major facet of constructivism is “the social construction of knowledge and the construction of social reality” (Adler, 2003, p. 111). This idea highlights the focus upon the creation of ideas and the social definition of reality, which will affect the way that states will act. Adler also explains that constructivism defines the social world as “intersubjectively and collectively meaningful structures and processes” (p. 100). These statements by Adler have already shown how constructivism is very different to the other two theories outlined so far, confirming the usefulness of including it in this study. In analysing constructivism with regards to the research question, key aspects will be the principles of roles and responsibilities, which relate to the EU‟s external image and relations with other actors. As Wendt stated, “a fundamental principle of constructivist social theory is that people act towards objects, including other actors, on the basis of the meanings that the objects have for them”. Moreover, “states act differently toward enemies than they do toward friends because enemies are threatening and friends are not” (Wendt, 1992, pp. 396-397). Therefore, it is possible to see that constructivism highlights the importance of an external image that is important to maintain relations with other actors that are deemed „friends‟ and not „enemies‟. Wendt also states that the structure of the social world is created by the identities (which lead to responsibilities) of different actors, and furthermore, the social definition of identity is what gives the specific roles and responsibilities to actors (p. 398). Thus, an important facet of constructivism is the role and responsibility of an individual or an actor. Finally, Wendt describes more specifically about security, stating that the responsibility of security belongs to all actors, creating a „cooperative‟ security system (p. 400) because “if collective security is high, however, the emergence of a predator may do much less damage” (p. 408). Therefore, the important aspects of constructivism that can be used in this research are the principles of roles and responsibilities that lead to the EU‟s external image. Constructivism has become a widely used theory in International Relations, and thus much exists on CSDP. Larsen (2002) conducted a study on why the EU has made little use of its military means and why it acts on a regional rather than global level. The constructivistbased article explains that “the EU constructs itself as an international actor presently focusing on Europe in the form of enlargement and the areas surrounding the EU”. 12 Furthermore, the military power of the EU is just a part of its civilian power and has only been in existence since St. Malo (pp. 296-297). Tonra (2003) used the cognitive approach within constructivism to explain the construction of CFSP. In doing so, he defined CFSP as a regime. One of the stresses of the article was on the constructivist principles of “role, rules, identities and ideas” (p. 738), confounding the statement above that these should be key principles to analyse with regards to the research of this paper. Furthermore, Meyer (2005) used constructivism to explain the changing norms of Member States that has directed them toward convergence and a European strategic culture. His explanation was to decipher why convergence was occurring that had led to the creation of the European Security Strategy in 2003, which has been used as a blueprint for CSDP. Additionally, another one of Larsen‟s studies (2009) centred on the creation of a foreign policy for Member States and he used constructivism within his analysis. Of the theory, he stated that “socially shared system of meaning define who the principle actors are and make possible certain policies while excluding others” (p. 546). This statement could be very useful in this research to explain why only the current policy on piracy is in place and not the different policies that have been mentioned. Constructivism has been used in CFSP and CSDP, and will be used to explain the case of Operation Atalanta in this research. In order for constructivism to explain the research question of this paper, there will need to be evidence of specific roles and responsibilities that the EU has that mean it cannot abandon its current mandate. Therefore, the constructivist explanation for why Operation Atalanta is still operational in its current form would be because the EU has a specific role to play in the global response and it has a responsibility to other actors to continue the mandate that already exists. As well as necessary data on the role and responsibility of the EU being evident, there also needs to be data on the way that third countries view the EU and how they interpret the position of the EU to be important to the global response to piracy. Therefore, if constructivism is to explain why Operation Atalanta is still operational in its current form, there must be significant data to confirm that the main reason that the operation still carries on is due to the role that the mission plays and its responsibilities to other actors, and that this reason is not only part of the rational choice approach, which encompasses the belief that part of the cost-benefit analysis is not harming relations with other actors. 13 3. Operation Atalanta’s Mandate Having outlined the three theories, this paper will now examine the empirical evidence. This paper will look to describe the objectives within the mandate of Operation Atalanta in this chapter, then discuss the current results of the mission since its inception in Chapter 4. These next two chapters will allow empirical data to be set out, which will be vital in order to be able to analyse these theories in Chapter 5. Chapter 5 will also contain added information on the operation in terms of qualitative data that will allow a thorough analysis of each of the theories in order to determine the reasoning behind the continued existence of Operation Atalanta in its current form. Therefore, the intention of the paper is to evaluate which of the three theories can substantially explain the research question, which will give an insight into CSDP mission planning. This research will take into consideration the rational choice approach, the institutional explanation, and a constructivist explanation of the continued existence of Operation Atalanta in its current form. Additionally, it will explain why the operation has not drastically changed to tackle the issues that have been stated to undermine the EU‟s success in dealing with piracy off the coast of Somalia and in the Gulf of Aden. According to the mandate for Operation Atalanta, there are two main objectives of the mission. The first is “the protection of vessels of the World Food Programme (WFP) delivering food aid to displaced persons in Somalia” (European Parliament, 2010). The second objective is “the protection of vulnerable vessels sailing in the Gulf of Aden and off the Somali coast and the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast” (ibid.). These are the two main aims and the rest of the mandate is meant to support them. However, it is these exact goals that will allow an analysis of whether the mission has been successful in both achieving its mandate and in tackling the issue of piracy off the coast of Somalia. The mission is in support of UN Security Council Regulations 1814, 1816, 1838, 1846 (all 2008), and 1918 (2009) (EU NAVFOR, n.d.). In addition, it is part of the UN‟s Djibouti process for peace and reconciliation in Somalia and financially supports the African Union Mission in Somalia (AMISOM). Furthermore, according to the mandate, political control and strategic direction is to be done by the PSC. The European Union Military Committee (EUMC) will monitor the execution of the mission (ibid.). These two bodies will oversee the implementation of the mandate, however what exactly does the mandate contain? 14 The Headquarters of „European Naval Force Somalia – Operation Atalanta‟ (EU NAVFOR) is based in Northwood in the UK. This location is important as the same headquarters was already the base for Navy and NATO operations. With Northwood being located close to London, the base is also in near proximity to the International Maritime Organisation (IMO). London, furthermore, is known as “a hub for the global shipping community” (UK Parliament, 2008). There are twelve states that make a permanent operational contribution to the mission: nine EU Member States – the Netherlands, Spain, Germany, France, Greece, Italy, Sweden, Belgium and Luxembourg – joined by Norway, Croatia and Montenegro (European Parliament, 2010). The operation also works alongside the US-led coalition CTF-151, NATO, Russia, India, Japan, Malaysia and China. In terms of funding, the budget is approximately €8 million per year. On top of this, states bear the cost of any of their resources that they need (ibid.). The size of the force on duty can vary, however the typical size is 5-10 Surface Combatants, 1-2 Auxiliary Ships, 2-4 Marine Patrol and Reconnaissance Aircrafts, and 2,000 military personnel. This force attempts to cover 2,000,000 square nautical miles, which equates to thirty times the size of England (ibid.). However, what can this force actually do? According to its mandate, “the military personnel involved in the operation can arrest, detain and transfer persons who are suspected of having committed or who have committed acts of piracy or armed robbery in the areas where they are present” (European Parliament, 2010). Furthermore, they can seize vessels and the goods that are on board. Those that are caught by the military personnel can be prosecuted by either EU Member States, in Kenya (after an agreement made on 6 March 2009), or in the Republic of Seychelles since the agreement on 30 October 2009 (ibid.). However, on 1 October 2010, Kenya handed in a six month notice to stop prosecuting pirates due to overcrowding in its prisons and has also claimed, due to a lack of financial support from the international community (BBC, 2010). Therefore, from April 2011, trials will only be able to take place in EU Member States and the Republic of Seychelles. Although, Kenya is still prepared to carry on the agreement depending on negotiations with the EU, according to its Ministry of Foreign Affairs (Leposo, 2010). In fact they have not stopped prosecuting pirates completely (Interview with an EU NAVFOR Official, 2011). However, this still shows the difficulty in this regard. In addition, pirates must be tried in accordance with international human rights standards (EU NAVFOR, n.d.). Furthermore, in order for vessels to be protected, they must register with the Maritime Security Centre-horn of Africa before they go through the area (European Parliament, 2010). 15 Although the two main objectives focus on the protection of certain vessels off the Somali coast, deeper into the mandate it states that the mission will “employ the necessary measures, including the use of force, to deter, prevent and intervene in order to bring to an end acts of piracy and armed robbery which may be committed in the areas where they are present” (European Parliament, 2010). Unlike the initial objectives of solely focusing on the protection of specific vessels, this statement is the first to signal the intent to tackle the actual problem of piracy and look to bring it to an end, rather than merely deterring pirates from attacking vessels in the region. This means that the mandate encompasses a whole new objective with the plan to try and permanently end the act of piracy alongside the main objectives of protecting WFP vessels and also those which are vulnerable. However, officials at the EU NAVFOR Headquarters have reiterated that the operation is solely a deterrence mission (Interview with an EU NAVFOR Official, 2011). Alongside these objectives that can be seen from the mandate, Rear Admiral Peter Hudson CBE (2010) stated in his speech at the UN that another aim is to protect AMISOM ships, as well as to reassure and protect vulnerable lawful ships passing through the area. Moreover, he states that his orders are to “detect, disrupt and where possible seek to prosecute suspect pirates” (ibid.). Therefore, it does appear that within the scope of Operation Atalanta, there is the possibility for „hard‟ power and military action to stop the advancements of pirates, alongside the use of the international legal system. This claim is further supported by a German newspaper article that has stated to have collected further information that confirms the fact that the EU has the ability to sink pirate ships rather than just merely warding them off or capturing them (Spiegel, 2008). Furthermore, although main objectives seem to be clarified, the mandate allows the possibility of further action against pirates, hence showing the true large scope available under the mandate for the EU to act to fight against piracy. In addition to the mandate set out, when Operation Atalanta‟s mandate was extended, updates were made to the mission. In December 2009, the main update was the inclusion to contribute to the monitoring of fishing (Ernst, 2010). The intention is to collect data of fishing boats present in the area, particularly looking at the existence of EU boats either fishing illegally or dumping toxic waste into the ocean. The data is available to the EU and in the future to a possible Somali Federal Government (ibid.). The inclusion of this is because of accusations from some that the hidden agenda of Operation Atalanta is to “protect European vessels accused by Somali seafarers and international organisations of illegal fishing and the dumping of toxic waste in Somali waters” (Recalde, 2010). Therefore, Operation Atalanta is 16 also to collect data in order to show hard facts that show that EU vessels are not involved in these activities (Ernst, 2010). As Rear Admiral Thomas Ernst stated, at the time of his speech in December 2010, no illegal activities had been recorded (ibid.). Additionally, an official from EU NAVFOR stated in May 2011 that not only had no illegal activities been recorded, but also that the dangerous environment has meant that there is currently no existence of any European fishing boats in the area (Interview with an EU NAVFOR Official, 2011). In terms of the mandate itself, the EU Operation Commander Rear Admiral Peter Hudson RN has commended it for its clarity (UK Parliament, 2008). He stated that the main objectives - supporting the WFP and AMISOM through protecting their respective ships supplying the Transitional Federal Government (TFG) of Somalia in Mogadishu, protecting vulnerable ships, and deterring and disrupting pirate groups – were clear for all to see. However, shortfalls of the mission have already been identified. Rear Admiral Philip Jones – a former EU Operation Commander between December 2008 and June 2009 – claimed that a major issue is the fact that a boat only becomes a pirate boat once it attempts to commit an act of piracy. Furthermore, he stated that there is a lack of knowledge of the activities of pirates in Somalia. There is also the need for aviation in order to be able to monitor activity from above, and Mr Kopernicki of Shell Shipping and Oil Companies International Forum has spoken of the issue of the use of commercial tankers for refuelling. On the contrary however, Commander Clive Dow RN has praised the mission for falling under numerous laws of sea and has claimed that the operation only detains those who are committing acts of piracy as this means that there is more chance of conviction (ibid.). In addition, the EU NAVFOR website states that no WFP ships have been attacked by pirates since 2007 and the International Maritime Bureau claimed that between 1 January and 30 September 2010 “attacks in the Gulf of Aden have dropped by more than 50 per cent due to naval patrols and positive actions” (EU NAVFOR, n.d.). Thus, Operation Atalanta has two main initiatives: to protect WFP vessels and to protect vulnerable vessels. However, there are also other aims such as supporting AMISOM and actively attempting to end acts of piracy. Although the mission has its own mandate, what is interesting is that individual Member States create their own mandates on their participation in Operation Atalanta, for example the German Bundestag decided in 2008 how involved they will be and how many troops and what type of ships to deploy (EU NAVFOR, 2008). Therefore, alongside the Operation‟s mandate on aims and objectives, individual states decide on what resources to deploy, which is unsurprising due to the fact that they bear the 17 costs of their resources. However, the aims and objectives of the overall operation are clearly outlined in the official mandate of the mission. Having outlined the content of the mandate of Operation Atalanta, the next chapter will be able to state the empirical data since the beginning of the operation, hence summarising the current results of the mission. 18 4. Current Results of the Mission As the main objectives were outlined in the previous chapter, now it is also important to look at the current results of Operation Atalanta. This chapter will allow the presentation of hard facts of what has happened during the mission and will enable the empirical data to be shown in order to be analysed later through the lens of the different theories that were outlined in Chapter 2. This section will look at the successes and shortcomings of the mission, particularly looking to supplement and add to the views mentioned at the end of Chapter 3. Firstly, the main successes will be stated before later outlining the current shortcomings of the mission. Various people have concluded that Operation Atalanta has been a success; therefore it is important to highlight this fact and discover why they are saying this. Dr Charles Tannock MEP has stated that this operation has been the EU‟s “flagship mission” (Tannock, 2011), stressing that although there still exists issues that need to be dealt with and improved, it should not be forgotten what the achievements of the mission have been. Supplementing this is the view from Rear Admiral Thomas Ernst, that “Atalanta is delivering its mandate” (Ernst, 2010). From a speech by Ernst on 7 December 2010, he stated that 100% of World Food Programme shipments had passed unharmed through the region, which has totalled 90 shipments delivering 500,000 metric tonnes of food aid to Somalia. Furthermore, 98% of AMISOM shipments have also passed through the region safely with 73 shipments, which has allowed AMISOM to grow during the period under Operation Atalanta‟s mandate. Ernst also stressed that without the presence of EU NAVFOR, many Somalis would not have been able to access resources from the WFP and AMISOM and thus Somalis have benefited a lot from the presence of the EU‟s mission (ibid.). Due to the presence of Operation Atalanta, close to 1.3 million Somalis are being fed each month through the WFP (Interview with an EU NAVFOR Official, 2011). Therefore, it must be commended that Operation Atalanta has received these successes. In particular, the successes mentioned so far were the main priorities of the mandate, highlighting the fact that Ernst is correct to determine that “Atalanta is delivering its mandate”, as the most important priorities are being achieved. Moreover, another vital success in this operation is the role that EU NAVFOR is playing amongst other global actors. Arguments have existed that the EU does not have the military capacity and doubts exist on its role as a military player (c.f. Larsen 2002). However, 19 Ernst stated that the Operational Headquarters of EU NAVFOR is the “partner of choice” for the many other countries that are also tackling the issue, such as NATO, Russia, China, India and the US-led coalition of some 20 countries (Ernst, 2010). In addition, Tannock also underlined the fact that a major success of the mission is that there has been good coordination with the other countries present in the area (Tannock, 2011). This leadership from the EU is a significant advancement in its CSDP and the fact that it is obvious that other major global powers trust the EU‟s role is most definately an achievement that must be lauded in order for the EU to develop in CFSP and CSDP. In addition, the creation of the Internationally Recommended Transit Corridor (IRTC) has been a major success. This has helped in “the management and provision of protection to commercial shipping transiting these dangerous waters” (EU NAVFOR, 2009). According to Ernst, the creation of the IRTC has allowed the operation to be a success as the corridor is manned, which leads to a lesser time delay between acknowledging a threat and dealing with it (Ernst, 2010). Although the average time between recognising a threat and the attack actually happening still stands at less than ten minutes (Interview with an EU NAVFOR Official, 2011). However, whether the achievements of Operation Atalanta in disrupting pirates in figures is debateable. Ernst stated in his speech that there has been a six-fold increase in disruptions in the Gulf of Aden and the Somali Basin, and that the success rate of pirates has been lowered (ibid.). Pedro Teles Ferreira also agrees and states that “naval operations managed to reduce the success rate of attacks in the Gulf of Aden” (2011, p. 30). According to official figures at EU NAVFOR headquarters, the success rate of pirates in 2009 was 28%, which fell to 27% in 2010 and has now fallen to just 19% in 2011 up until 12 May4 (Interview with an EU NAVFOR Official, 2011). However, according to reports just a month before Ernst‟s speech, Ban Ki-moon – the UN Secretary General – declared that although there has been an international presence in the area, from January to August 2010, the rate of successful hijackings by pirates stood at 22.6%, an increase on the rate of 17.1% for the same period in 2009 (Varner, 2010). Therefore, it can be said that the creation of the IRTC has been a success, although the declaration by Rear Admiral Ernst that the success rate of pirates has fallen is a contentious one and one that seems to completely contradict findings stated by Ban Ki-moon just one month before Ernst‟s speech. However, the reason for this discrepency could be because EU NAVFOR only records data of piracy in the region 4 2009: 46 successful attacks and 117 failed attacks = 29%, 2010: 47 successful attacks and 127 failed attacks = 27%, 2011: 19 successful attacks and 79 failed attacks = 19% 20 that the operation is focused upon and not globally (Interview with an EU NAVFOR Official, 2011). This now leads onto an analysis of the shortcomings of the mission, which cannot be stated as failures until the mission comes to an end. The main shortcoming of the operation so far is the poor prosecution rate of pirates captured, which has effected Operation Atalanta from being able to effectively deter pirate activity. Tannock stated that a view coming from within the EU is that no one wants to bring the pirates into the EU and try them (Tannock, 2011). A major reason why EU Member States do not want to prosecute pirates is because after they have completed their jail term, they can seek asylum in the country that they are in (Interview with an EU NAVFOR Official, 2011). Under the United Nations Convention on the Law of the Sea (UNCLOS), countries that capture pirates are allowed to try them in their own country under Article 105 (UN, n.d.). However as stated by Tannock, this does not seem to be the wish of any EU Member State. Moreover, the major concern is the lack of strategic and operational deterrence (Ernst, 2010). Ernst stated that in 2010 (up until his speech on 7 December), about 400 pirates had been captured by EU NAVFOR. However, out of all of those, only about 15 are awaiting trail (ibid.). This equals a rate of under 4%, which shows that there is not really a solution to the problem. Officials from EU NAVFOR have confirmed that it is this lack of prosecution rate that has undermined the mission‟s deterrence intentions, as there is very little risk for pirates because even if they are caught, the majority are then later freed (Interview with an EU NAVFOR Official, 2011). Due to the fact that those within the EU do not want to try pirates, the EU has attempted to send pirates to nearby countries that the High Representative and the European External Action Service (EEAS) have agreed transfer agreements with, namely Kenya and the Seychelles. Although Kenya have not stopped prosecuting pirates completely, they are instead taking the responsibility on a case by case basis (ibid.). The fact that they sought to end the transfer agreement shows how prosecution remains a major issue in tackling piracy. Furthermore, Ernst confirmed that the Seychelles does not currently have the legal and prison infrastructure to deal with the issue (Ernst, 2010). Much more could be discussed on this issue from a legal perspective, however for this paper, it is sufficient to highlight that the issue of trying pirates is one that is a major shortcoming of the current operation. Another shortcoming stated by Rear Admiral Thomas Ernst is that although he claims pirates‟ success rate is falling, real numbers of pirate attacks are on the rise (ibid.). In 2010, the number of attacks rose by 9% from 2009 and in the first five months of 2011, the area has 21 already seen 62% of 2010‟s total attacks, which has in part been due to the use of formerly pirated mother ships. The utilisation of pirated ships as „mother ships‟ has meant that pirate activity is now also possible during the monsoon months (Interview with an EU NAVFOR Official, 2011). Furthermore, the Somali Basin has seen a threefold increase in activity from pirates and they have also significantly extended their area of operation (Ernst, 2010). The area that pirates are now operating in is close to 1,500 nautical miles, which is further than Operation Atalanta‟s mandate (ibid.). For example, the northernmost attack was on the MV Star of Dhabi on 30 January 2011 1,475 nautical miles from the Somali coast. Additionally, two successful attacks ocurred in December 2010, with the easternmost attack on MV Jahan Moni 1,450 nautical miles from the Somali coast and the southernmost attack on FV Vega 5 1,750 nautical miles from the coast (Interview with an EU NAVFOR Official, 2011). The expansion of the sphere of pirate activity has been because of merchant ships travelling closer to the Indian cost to avoid pirates and hence pirates have now followed the merchant ships further from the Somali coast. Therefore, EU NAVFOR are now working alongside the Indian Navy so that the Indians can respond to attacks that are getting closer to their own coastline (ibid.). These statements underline the reason why arguments exist that Operation Atalanta is not succeeding. Ernst has confirmed that the EU have been unable to effect the number of pirate activities in the area and moreover, they are unable to every disrupt many attacks due to the limited area that operation‟s mandate covers. The focus of this paper has been on why Operation Atalanta is still operational in its current form. Part of the reason for analysing this question is because of views that the operation is not adequately tackling the issue of piracy. However, as has been reiterated by officials, Operation Atalanta is not a counter-piracy operation (Interview with an EU NAVFOR Official, 2011). Its main objective is to protect WFP shipments and only if the EU has vessels in an area where piracy is taking place can they aid other counter-piracy operations, such as those by NATO and the US-led coalition (ibid.). Therefore, the view that Operation Atalanta is not succeeding carries little substance because it is not a counter-piracy operation. Moreover, Operation Atalanta is not considered to be a comprehensive approach to tackle piracy, it is just one approach. An EU official stated that “there is the principle of the „3 Ds‟: Diplomacy, Development and Defence/Security” (Correspondence with EU Official, 2011) and officials at EU NAVFOR have stated that Atalanta is merely “holding the line” and that a “Comprehensive Somalia Strategy” is needed (Interview with an EU NAVFOR Official, 2011). A comprehensive approach would include diplomacy, military, economic 22 development and industrial development (ibid.). Therefore, the views that Atalanta is a counter-piracy mission and also the sole intended way to tackle piracy must be dispelled as a myth. Furthermore, in terms of the core essence of Atalanta as a military mission, this is necessary because “one of the main pillars to avoid piracy is security. [...]. For such operations you mainly have to fall back on military assets” (Correspondence with EU Official, 2011). Thus, the opinion is that a military mission is necessary; however there also needs to be a more comprehensive approach. The acknowledgment that a more comprehensive approach is necessary directly affects the research of this paper. It must be considered that if they know that more needs to be done, why are they not doing it? Therefore, not only does the theory need to explain why Atalanta is still operational in its current form, but also why is nothing more being done when it seems that it is accepted that Atalanta should run alongside other initiatives? Therefore, what can be seen form the empirical data since the mission began is that there have been a mix of successes and shortcomings. Operation Atalanta has been lauded as the “partner of choice” of other global powers, which is a huge development in CSFP and CSDP. Furthermore, as far as what is included in the mandate of the operation, the priorities have been focused upon and EU NAVFOR has succeeded thus far in these respects. However, the legal aspect of trying and prosecuting captured pirates is still a long way off what should be desired, and is a major factor in the shortcomings of the current mission. Although some say that the success rate of pirates has been lowered by the EU‟s impact, what is sure is that Operation Atalanta has not worked as a deterrent because the number of pirate attacks is still on the rise. These empirical data will allow the analysis of the continued existence of the operation alongside the three theories explained in Chapter 2. Thus, it will be possible to answer the research question laid out in the introduction. 23 5. Why is Operation Atalanta still Operational in its Current Form? Having outlined the theoretical debate in Chapter 2 and then presenting empirical data in Chapters 3 and 4, it is now possible to analyse the validity of the different theories by incorporating the empirical data, whilst also adding further data to that already shown. The purpose of this chapter is to decipher which of the theories best answers the research question, thus allowing the conclusion of why Operation Atalanta is still operational in its current form. The structure will be to analyse each of the three theories culminating in the rational choice approach, and then conclude which theory is the most appropriate to answer the research question and why it offers a better explanation than the other two. 5.1 Institutional Explanation The institutional explanation, as outlined in Chapter 2, is based on bureaucratic procedures, agenda-setting and decision making. The theory looks at the people or bodies that have influenced decisions or have helped for a certain policy to reach the top of the agenda. In the case of this research, the institutional explanation would suggest that Member States have diverging interests in piracy. Therefore, bureaucratic bodies have kept the issue of piracy at the top of the agenda and been heavily involved in the decision making of Operation Atalanta, as well as maintaining its existence in its current form. Therefore, there needs to be evidence of involvement from institutions rather than cooperation between Member States. Although not the focus of this research, the decision making of the creation of Operation Atalanta needs to be briefly analysed. This will allure as to why the mission was extended and is still in existence in its current form, and also how it was extended. The decision itself to create Operation Atalanta was made by the PSC on 18 November 2008 with regard to the Council Joint Action 2008/851/CFSP of 10 November 2008 (Political and Security Committee, 2008). The PSC is comprised of an official from each Member State plus one from the Commission, which shows the role of Member States in the decision making. Furthermore, it was the role of Member States that helped setting the agenda of piracy off the coast of Somalia, particularly the role of France. France is regarded to have raised awareness of the issue after the hijacking of the French yacht Le Ponant in April 2008 (Germond & Smith, 2009, p. 583). France pushed the UN Security Council to pass 24 Resolution 1816 so that they could operate in the area, but there was also a case of Nicolas Sarkozy using his role as the rotating EU President between July and December 2008 to raise the agenda within the EU (ibid.). In order to do so, France looked to Germany and the UK for support, with the former accepting due to its inability to act unilaterally because of domestic criticism and the latter only accepting because it did not want France to take the lead in a high profile operation and because NATO was overstretched at the time (pp. 584-585). Therefore, the role of Member States and in particular France was very important in the agenda-setting at the time. This has shown that Member States were united in wishing to tackle the issue of piracy – although in different ways - and thus, there was no space for bureaucracy to influence the existence of piracy at the top of the agenda. In terms of how this is relevant to the research of this paper, the agenda-setting in 2008 of piracy by Member States continues to be relevant with the extension of the operation. The latest extension of the operation was in December 2010 with the Council Decision 2010/766/CFSP to extend the mandate to 12 December 2012 (Council of the EU, 2010). Therefore, we are still seeing the role of Member States in the decision making in this regard. Moreover, as stated earlier in this paper, Member States bare the extra costs of resources that they use (EU NAVFOR, n.d.) and countries such as Germany have their own mandate on how involved they will be (EU NAVFOR, 2008). Thus, a further development of the operation would be reliant on Member States agreeing to extra costs on their part, which is particularly difficult during times of financial hardship, and this could suggest that they have decided not to change the nature of Operation Atalanta because of their own national interests. Moreover, there is the presence of pressure from external institutions. The UN and WFP put considerable pressure on the EU to act upon piracy, particularly the WFP who stated that it is too dangerous for them to transit the region and would not without assistance (Interview with an EU NAVFOR Official, 2011). It is this pressure from an institution external to the EU that has meant that the primary priority of the operation is still to protect WFP ships delivering resources to Somalia. Moreover, the EU has launched the EU Training Mission in Somalia (EUTM), which began in 2010 (EEAS, n.d.). This appears to be a Brussels-based initiative with Headquarters coming from Brussels within the EUMS unlike EU NAVFOR, which is run from Northwood, UK. The influence of bureaucracy and of institutions is evident because the training mission has created another institution – the EUTM Somalia Mission Monitoring Team – and hence more jobs and funding, which are clear interests of institutions. Therefore, alongside Atalanta, there is the presence of 25 institutional influence in the creation of the training mission to compliment the military mission based in the UK. However, there are also other views that would suggest that the role of bureaucracy has not been important in the agenda-setting and decision making of Operation Atalanta. The arguments base around the fact that piracy is a „real‟ threat and one that directly threatens the EU‟s interest, unlike other CSDP missions (Vines, 2010, p. 1091). The existence of this direct threat to the EU would force the continued presence of EU NAVFOR and undermine the institutional explanation. Thus, this mission is different to other CSDP missions where studies have existed on the role of bureaucracy in agenda-setting and decision making. Real threats exist to EU citizens through kidnapping and ransoms, to maritime trade and European economy, to energy security, to the marine environment, and to the Somali people (Germond & Smith, 2009, pp. 580-581). Therefore, as a counter to the institutional explanation, the direct threat to the EU and the severity of the issue may have forced the agenda-setting of the EU. Even though these views exist that would dispel the major influence in the institutional explanation for the continued presence of the mission, the role of the WFP as an external institution that has forced the decision to keep the protection of WFP vessels as the main priority of the mandate should not be underestimated. Moreover, the creation of the EUTM Somalia does appear to be created by institutions for their own interests. Although, the existence of „real‟ threats and Member States‟ converging views point towards a lack of bureaucratic influence in the agenda-setting of the issue. Due to the fact that there is heavy involvement by the Member States, there is generally less scope for institutions to intervene. However, ideas such as „path dependencies‟ would mean that institutions will ensure that their own institution will not be removed or altered because of the mission. In the future, with EU NAVFOR officials predicting a further extension of the mandate after 2012 (Interview with an EU NAVFOR Official, 2011), the role of the High Representative and the EEAS could be an area for research. With the gradual operationalisation of the High Representative (currently Catherine Ashton) and the EEAS and also their movements towards political contact in order to tackle the problem (Ernst, 2010), their role could be vital and be an important area of research in the future, if the mandate is indeed extended. For this research, although the creation of the EUTM has shown the influence from the EUMS, there is insufficient evidence to prove that the institutional explanation can explain the research 26 question. The convergence in Member States‟ interests show that institutions were unable to influence the fact that Operation Atalanta has maintained in its current form. 5.2 Constructivism In general, constructivists would see that the EU would place its external image as a very important factor. Therefore, the way that the EU is viewed by other actors would influence their decisions, as well as upholding the responsibilities that they have and the role that they have to play. Thus, the EU would not reverse a decision due to the construction of it becoming a norm that the EU has to adhere to. In terms of this research, constructivists would argue that Operation Atalanta would remain in its current form because it has the responsibility to the other actors in the region, as well as vulnerable states in the area, and also to maintain its role as the leader amongst other actors. We would then see the EU carrying on with what has been happening for the last few years because of the role it has and the responsibilities it has to the rest of the world and to the WFP. Constructivists would not alter the mission to focus on a different area because of their role and responsibilities. As the operation started to protect WFP ships, constructivism would state that the EU would continue to prioritise WFP ships whilst the danger is still there. Therefore, constructivism can be used to explain why the nature of Operation Atalanta has not changed and why it is still primarily based around protecting WFP ships rather than looking to evolve into a counter-piracy operation (Interview with an EU NAVFOR Official, 2011). The operation would also not change because “Atalanta is delivering its mandate” (Ernst, 2010), hence showing the success of the mission that constructivists would look to continue, particularly to its responsibility to the WFP, which is the main priority and who refused to transit the area without protection as it is so dangerous (Interview with an EU NAVFOR Official, 2011). Additionally, Operation Atalanta has played a major role in the delivering of food aid to Somali people with all WFP vessels successfully transiting the area, feeding close to 1.3 million Somalis each month. A vital aspect that would mean the operation would not change in nature is the EU‟s responsibility to other actors and their role in the region. As Ernst stated, the EU is the “partner of choice” (ibid.) and is working alongside the other actors to tackle the problem, meaning that the operation should not change because of the responsibility to other actors to maintain its current role. The EU has extra pressure to maintain its role because of its leadership amongst the other actors, and is 27 hence showing that it is a global power and can be the leader (Interview with an EU NAVFOR Official, 2011). The EU is the leader in the global response because it chose to take responsibility when the US and NATO would not (Germond & Smith, 2009, p. 585). An important facet of constructivism is also the external expectations of the EU from third parties. With the EU leading the global response to piracy, other actors would expect the EU to maintain this role in order for other actors to maintain their own roles. For example, the EU‟s current role as the leader of the global response has allowed the US-led coalition to solely focus on a counter-piracy operation rather than also leading other actors outside of the coalition. Therefore, constructivism explains why Operation Atalanta maintains in its current form due to the responsibility it has to other actors and due to the role it plays in the global response, which both culminate in portraying an image externally that other actors can respect and look to for leadership. Furthermore, as Germond and Smith (2009) stated, there is the “opportunity to increase the EU‟s scope of action and spread EU‟s values” (p. 583), which are core aspects of constructivism that show why the current operation is in existence. In addition, they stated that through this mission, the EU can “affirm its position, to make it more visible on the world stage” and also to show the “grandeur of the EU and the affirmation of its values” (ibid.). These views support the view that constructivism can explain why Operation Atalanta is still in operation in its current form because it aides the EU to spread its norms and values across the globe, showing it to be a major world power and to show its capabilities. Therefore, constructivists would not believe that the operation to change to one that may not compliment these values. Also, it has been said that “when you are a strategic planner, you don‟t stop when a mission is launched. You don‟t fall back to a waiting position” (Correspondence with EU Official, 2011). This once again affirms the possibility of constructivism explaining why Atalanta is still operational in its current form because constructivists would argue that the norm of the existence of Atalanta has been constructed. Therefore, it will continue to stay in existence because of some of the other factors mentioned above, such as responsibility and external image. Thus, in order to explain the research question of why Operation Atalanta is still operational in its current form, constructivists would explain it by highlighting the fact that the EU has certain responsibilities to other actors and is playing an important role. This role is very important to other actors to be able to continue their own roles, thus they expect the EU to continue to be the leader. These factors coupled with the fact that constructivists would 28 also claim that the EU cannot stop what they have started, equate to the current situation of Operation Atalanta still operationalised in its current form and also explains why there has not been a drastic evolution of the EU‟s role. However, constructivism has been unable to answer why there has not been an extension of the operation‟s role whilst maintaining its current responsibilities. Alongside the military mission, the EU could conceivably create a more comprehensive approach to tackle issues within the state of Somalia. This would allow the EU to maintain its roles and responsibilities on the sea, as well as a further extension to the mission. Although, constructivism is unable to explain why the EU has not extended the mission in order to manage the root causes of the problem within Somalia. 5.3 Rational Choice Approach The final theory to be analysed in this paper is the rational choice approach, which is the hypothesis of this research. In short, the rational choice approach states that all choices are rational and thought through substantially. Therefore, a major consideration is the costbenefit analysis and the decision will only be made if it is felt that the benefits of the decision will outweigh the costs. Thus, a rational choice will be the optimal outcome that offers the most benefits for least costs. In terms of Operation Atalanta, the rational choice approach dictates that the operation is still in existence in its current form because the mission is more beneficial than costly and any other options would cause the cost-benefit analysis to become imbalanced and hence would not be a rational choice. Therefore, with the data already presented added to other qualitative data, it will be possible to analyse whether Operation Atalanta is still operational in its current form due to the cost-benefit analysis. Ferreira (2011) stated that counter-piracy operations, as well as the cost of stop shipping, are very expensive and are not a priority to tax payers, who have other concerns that affect them more directly (p. 30). This analysis from Ferreira supports the rational choice approach, as it states the heavy costs involved in running a counter-piracy operation, which would be a further step from the current mission. As has been stated, Operation Atalanta is not intended to be a counter-piracy operation, unlike those of NATO and the US-led coalition (Interview with an EU NAVFOR Official, 2011). It would not be a rational decision for the EU to conduct a counter-piracy operation due to the costs involved, especially as “naval vessels and their crews are very expensive resources in short supply” (House of Lords, 2010, p. 5). Therefore, it is rational to determine that the EU cannot develop Operation Atalanta 29 into a counter-piracy operation because the increased costs would not befit the benefits from the mission. As has been seen, in 2011 the cost of operation has dropped to only €7.8 million (EU NAVFOR, n.d.), however the operation is still producing benefits that have been intended in the mandate, as has been shown in the previous chapter. Furthermore, any extra resources are paid for by the Member States themselves (EU NAVFOR, n.d.) and an extension of the operation‟s mandate would need to be ratified by them. However, it has already been seen that not all Member States are contributing and countries such as Germany setting their own mandate about how involved they wish to be (EU NAVFOR, 2008). Therefore, it appears that both the EU and Member States do not wish to pour more money into the operation, which could affect the cost-benefit balance. Moreover, it does not seem to be feasible for the EU to attempt to tackle the entire problem. Atalanta is battling the consequences, which is piracy in the area, however not the causes (Interview with an EU NAVFOR Official, 2011). There is also a difference between being effective and being efficient (Correspondence with EU Official, 2011). The opinion is that “being effective with tackling piracy in that area would mean that we tackle it all [...] but at what cost?”. A full scale mission to rid the issue of piracy would involve a much larger operation, however “in practice this is not only financially not feasible, but it would mean an intrusion in the sovereignty of the concerned country/countries” (ibid.). EU NAVFOR have admitted that the solution to the problem is on the ground in Somalia, although that does not appear to be desired due to not only the huge financial costs but also due to the human costs of sending people into Somalia, which would be very dangerous (Interview with an EU NAVFOR Official, 2011). Therefore, “we have to be efficient: doing the best at a lesser cost” (Correspondence with EU Official, 2011). Hence showing that the costs of a larger operation - that would perhaps be better than the current mission – is not rational because, yet again, the costs of such a mission would be extortionate compared to the benefits that it would offer. Thus, the rational choice approach appears to define why the EU is continuing with Operation Atalanta in its current form and not increasing the scope of its involvement in order to better tackle the issue of piracy. However, with an expected extension of the operation at the end of its current mandate in 2012 (Interview with an EU NAVFOR Official, 2011), the cost-benefit balance will perhaps again need to be analysed. As stated by EU NAVFOR, currently there are increasing ransom demands, which lead to increased negotiation times, which cause increased detention times for hostages and frustration amongst pirates. This all culminates in a higher risk to crews in terms of harm and ill-health (ibid.), 30 which could potentially disrupt the current cost-benefit balance if piracy continues to develop at its current rate. This is becoming increasingly evident with ransom demands rising exponentially, with a reported ransom of $13.5 million paid by Intertanko5 for the release of Irene SL on 7 April 2011 (Pelton, 2011). However, at this time, it must be said that the EU is following the definition of efficiency stated above and continuing the current operation, which is producing benefits with a lesser financial and human cost. Therefore, the rational choice approach proves that it explains why Operation Atalanta is still operational in its current form because any further action would require greater financial and human costs, which would cause the cost-benefit balance to tilt more towards higher costs for fewer benefits, rather than the current situation where there is a low cost but significant benefit. Therefore, the current operation is the optimal outcome. 5.4 Overall Analysis Firstly, the different explanations to the research question from the three theories will be summarised. The institutional explanation focuses on the role of individuals or bodies that have influenced the agenda-setting and decision making process. So therefore, who has caused piracy off the coast of Somalia to stay at the top of the agenda and why are the current priorities at the top of the agenda? The institutional explanation dictates that the role of the WFP has been vital in keeping the protection of its ships as the most important issue in this operation, therefore causing the EU to focus on keeping Operation Atalanta mainly being focused on protecting WFP ships. However, the existence of „real‟ threats to the EU has helped piracy to stay at the top agenda, which counteracts the institutional explanation for the reason for piracy being at the top of the agenda. Furthermore, the fact that Member States do not diverge over the issue suggests that there was not space for bureaucracy to influence the decisions. Therefore, although the institutional explanation offers an explanation to the research question, there are arguments that would counteract this. Constructivism states that the reason why Operation Atalanta is still operational in its current form is because the EU has roles and responsibilities to other actors and to the Somali people, which contribute towards the EU‟s external image. The role that the EU plays as a leader in the global response to piracy is very important, so the EU has a responsibility to the 5 “an organisation of independent tanker owners” (Pelton, 2011) 31 other actors to maintain this role. Moreover, the EU has a responsibility to the WFP and the Somali people to help WFP shipments reach Somalia and thus cannot abandon the current mission. This responsibility is why Operation Atalanta has not developed into a counterpiracy mission and maintains in its current form. However, constructivism would state that they must maintain their role and responsibility, which does not stop an extension of this role and these responsibilities. Therefore, constructivism fails to determine why the EU is not looking to extend the scope of its role and of its responsibilities in this issue whilst still maintaining their current responsibilities. Finally, the rational choice approach determines that Operation Atalanta is still operational in its current form because of the cost-benefit analysis. Currently, the costs are low but still reap benefits, thus making the decision rational. Even though more could be done, and EU NAVFOR officials have stated that there is a need for a more comprehensive strategy, it would cause costs (financial, human and to the social environment) to rise substantially and may not increase benefits at the same rate. Therefore, the EU would only conduct a more comprehensive strategy once either the costs for a more developed strategy are decreased, or if the current operation becomes no longer rational because of the costbenefit analysis. Having analysed the different theories with data collected on the mission, the rational choice approach appears to be the best explanation. Not only does the theory provide a valid explanation to the research question of why Operation Atalanta is still operational in its current form, but it also gives an explanation as to why the EU is not pursuing further developments that would work alongside Atalanta that have been stated by many. Furthermore, it also helps to understand the other theories used. The institutional explanation focuses on agenda-setting and decision making and once the idea is on the top of the agenda, the rational choice approach would influence the decision making by determining what decisions are possible. Additionally, the rational choice approach would decide what the optimal outcome would be. Constructivism focuses on roles and responsibilities and the costbenefit analysis would hinder advancements to increase the role and responsibilities of the EU if it is not deemed rational. Moreover, the optimal cost-benefit ratio would include not harming relations with allies, thus the rational choice approach would state that the EU would not abandon the other actors (Goldthau, 2009). Therefore, from the analysis of this paper, the rational choice approach best answers why Operation Atalanta is still operational in its current form. 32 6. Conclusion In conclusion to this research, it has been found that the reason why Operation Atalanta is still operational in its current form is because, currently, the benefits provided by the mission outweigh the costs of it. The analysis in the previous chapter used the empirical data from Chapters 3 and 4, plus the addition of some further data, to analyse the theories that were outlined in Chapter 2. The conclusion has then culminated to state that the rational choice approach is in fact the best explanation. Therefore, the reason is because of the cost-benefit analysis. Thus, it can be concluded that the hypothesis made at the beginning of this paper was correct to suggest that the rational choice approach appropriately answers the question. This has been proved by outlining the empirical data of the operation in qualitative form and also by disproving the validity of the institutional explanation and constructivism to substantially explain the research of this paper. Where these two theories have failed to provide an appropriate explanation, the rational choice approach has given an answer. This paper has also shown the versatility of the rational choice approach. With its simple structure, it is able to compliment other theories and can be used alongside other theories to better explain phenomena. The significance of the conclusion that the rational choice approach offers the best explanation is that this gives an insight into the ideas behind the decision making of this operation. The cost-benefit analysis has been an important tool in determining whether to continue Operation Atalanta and also whether to change parts of the mission. Although this has only been proven in this specific case study, alongside future studies on other CSDP missions, there is the possibility of drawing generalisations on CSDP decision making. The research conducted in this study has also helped the understanding of two other issues that were allured to in the introduction that helped to reach the conclusion of the research question. These issues are the reasoning behind the EU‟s apparent contentment with Operation Atalanta, and also, the explanation as to the lack of a more comprehensive approach. The EU is content with Operation Atalanta and continued to extend its mandate because the cost-benefit analysis has proved that the current mission is the rational optimal outcome. This is supplemented by the evidence that has shown that the mission has been successful in achieving its aims. Furthermore, the EU has not implemented a more comprehensive approach towards piracy in the region because the case would be that the 33 costs would rise substantially but the benefits may not rise at the same rate. A different approach or a more comprehensive approach would only be conducted if their cost-benefit analysis provides the rational optimal outcome. This will only be the case if, either the costs of these approaches become less or the benefits are higher, or if the costs of the current mission rise substantially. Therefore, both these issues have been answered by this study in proving that the rational choice approach offers the best explanation for Operation Atalanta. As this paper has also shown, Operation Atalanta has proved a success in achieving its mandate. Therefore, the mission must be considered a success, especially with the protection it has given to WFP ships and AMISOM shipments. However, it is still widely considered that there has not been a deterrent factor to pirate activity and raw numbers of attempted pirate attacks are on the rise in the region under question in this research. It has been stated that Operation Atalanta is not a counter-piracy operation and the main objectives are to protect WFP ships and AMISOM shipments. Although, is the mandate itself the reason why the EU does not appear to be successfully countering piracy? As has been discovered in this research, the reason why the current mandate is in place is because of the cost-benefit analysis, and if the current cost-benefit analysis maintains constant to the end of 2012, it will be unsurprising if the operation is extended once again. Nevertheless, will the EU continue to use the cost-benefit analysis to determine its mission in Somalia? Or could there be a case for looking at long term benefits, even though there could be high short term costs? This would be an interesting research that could be conducted in the future, particularly when the current mandate expires at the end of 2012. What is certain is that if the EU actually wants to tackle piracy off the coast of Somalia and in the Gulf of Aden, the mission also needs to focus within Somalia. It appears that the only way to successfully target piracy is by state-building in Somalia in order to tackle the problem at the source, instead of dealing with the consequences, which is what the current mission is doing. Moreover, there needs to be a working legal system in order to effectively deter pirates by increasing the risk of prosecution for captured pirates. If this cannot be secured in either EU Member States or by countries in the vicinity of Somalia, then a focal point of a state-building mission would be to create a working legal system within Somalia. The intricacies of the legal possibilities to prosecute pirates would be another area within this subject to study, although this would need to be from a legal perspective. Looking at things from a rational choice approach, Operation Atalanta will only develop once the costbenefit analysis no longer proves that the current mission is the optimal outcome. However, 34 with the increase in ransoms, detention times for hostages, and the increased risk of harm to hostages, it is looking as if the current mission will not be the optimal outcome in the future if piracy develops as it currently is. Although, the human and financial costs of entering Somalia are very high, the rational choice approach would be able to explain an extended operation, where a civil-military state-building component is run to compliment the current operation. This would then allow the EU to maintain its role and responsibilities on the sea. However, this would only be the case if the EU is looking long-term because the benefits would not be evident until after a lot of costs are spent. This appears to be the only way to successfully tackle piracy by focusing on the source and still maintaining the role dealing with the consequence (which is piracy) in order to not harm the social environment and relations with other actors. Therefore, in terms of where the future lies for Operation Atalanta, the current mission runs until the end of 2012. If it does get extended, then a further research on why it was extended would be useful, as it would dictate if the rational choice approach still offers the best explanation. Further developments will only occur if either the current mission is no longer the optimal outcome, or if the EU is willing to look at the costbenefit analysis on a longer term basis, being prepared to spend now for benefits in the future. Nevertheless, what does this current study contribute to the understanding of CSDP? Operation Atalanta has been lauded as being the flagship military mission of the EU, particularly due to the fact that this is the first time that the EU has not had to rely upon NATO resources to carry out a military operation. This may signal to more future EU military missions using their own capabilities because of the experience of the success of Atalanta in achieving its mandate. However, this cannot be concluded as of yet until further missions are conducted. Moreover, according to this research, CSDP decision making appears to be effected by the cost-benefit analysis. Although other studies that were mentioned in Chapter 2 claimed that other theories have explained other missions, perhaps with the current precarious global financial climate, the cost-benefit analysis has become increasingly significant because of domestic and financial pressures. This research would compliment future studies on any future missions to determine whether the rational choice approach is becoming used in general within CSDP to determine the extent of missions. Moreover, this paper could be linked to future studies on previous missions to determine whether the rational choice approach could explain their existence. The rational choice approach could be able to better help understand previous missions alongside other theories. This paper has also allured to the fact that the EU has decided upon this CSDP mission on a 35 short-term basis, with Atalanta having short mandates that have been extended. In addition, the EU has focused on short-term benefits from the mission. This also points to a link to further studies. Does the EU only look for short-term benefits? In the case of piracy off the coast of Somalia, this appears to be the case with the EU only targeting the consequences of issues within Somalia. Do other CSDP missions look for short-term benefits in exchange for low short-term costs? Therefore, this paper could be very useful alongside other future studies on CSDP in order to create a generalisation on whether the rational choice approach offers the best explanation on CSDP missions in general. This will offer an insight into the decision making in the EU and also the EU‟s aims and objectives as a global actor. Therefore, in conclusion, this paper has successfully answered the research question of „why is Operation Atalanta still operational in its current form?‟. The reason for this is because the rational choice approach has concluded that through the cost-benefit analysis, the current mission is providing the rational optimal outcome. With a low risk of prosecution, piracy in the region is also the rational choice. Thus, with both actors acting rationally, it will be interesting to see which actor has to be the first to act irrationally in order to achieve its goals. Piracy is an issue that has become increasingly glorified through the mediums of film and literature; however the issue in this region is real. Piracy has undermined the creation of a stable state and has caused many economic consequences in Somalia. 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