XV. Commentary-Maritime and Coalition Operations: Kenneth O'Rourke

• Author: Kenneth O'Rourke
• Pages: 297

I well remember the day, during Operation ENDURING FREEDOM, that General Tommy Franks2 called me into his office and stated that intelligence indicated there were four vessels containing al Qaeda members departing Pakistani waters on their way to Northern Africa. His question was, what are we authorized to do? My response was that we are within our rights to intercept them-with some quick coordination, maritime interception operations (MIO) were born. I based my response primarily on Article 51 of the UN Charter and articulated that we had the right to intercept vessels containing terrorist leaders who represented an immediate threat to our country. Since this initial intercept, I have heard many argue that maritime intercepts are nothing more than piracy and interference with freedom of the high seas. Piracy it is not. The coalition is not interdicting every vessel on the high seas, nor stopping every vessel at gunpoint. Interdiction measures are limited in nature and 1. Commander Kenneth O'Rourke is a US Navy judge advocate serving as the Deputy Staff Judge Advocate for US Central Command.

2. General Franks is the current commander of the US Central Command. The Central Command geographic area of responsibility includes Afghanistan.

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