DUBAI // Countries and navies must re-examine the use of lethal force and naval security forces must be equipped with better intelligence and understanding of the areas in which they operate, experts say.
Monday's incident "could have been an over-reaction because of tension and security worries and that must be investigated", said Khaled Abdullah Al Bu-Ainnain, a retired general and former commander of UAE air defence.
"There are safety and security rules and normally warning shots are fired. But these waters are congested with not just oil and industry ships but maintenance ships, fishing boats and military ships, so sailors have to be careful."
More than 27 countries contribute naval forces to deter piracy in the Gulf of Aden and the eastern coast of Somalia. The three major anti-piracy missions are Operation Atlanta, launched in 2008 by the European Union to protect World Food Programme vessels delivering aid to Somalia; Operation Ocean Shield, a Nato initiative to protect shipping in the region; and the Combined Task Force formed in 2009 and led by the United States.
There are more than 43 naval vessels operating off the Somalia coast and the Indian Ocean.
The USNS Rappahannock is a replenishment oiler with the Combined Task Force unit. It provides fuel and supplies to US naval ships and coalition forces off Bahrain.
This is the second incident this year involving marines killing fishermen. Two Italian marines on the Enrica Lexie off Kerala's coast opened fire and killed two Indian fishermen on February 15.
"It is sad and tragic especially because this is the second fatal incident involving poor fishermen," said Dick Esparon, the Seychelles ambassador. The fishermen of Seychelles have long been an easy target for Somali pirates who pose a direct threat to their livelihood.
"The international community must analyse what must be done. The regulations for use of force must be revisited and continually updated. But it's a delicate situation at sea. It's very difficult to distinguish between enemies and friends. Still, we must put mechanisms in place so there is no abuse of force and all sailors are cautious."
The International Maritime Organisation has recommendations on a layered response that are specified in a continually updated documents called Best Management Practice Guidelines and Guidelines for the Deployment of Armed Guards.
While naval forces support these recommendations, the use of force in each navy is governed by its own rules of engagement.
Warning with a megaphone, shooting flares, firing in the air and in the water near the suspected boat and finally over the bow of the approaching ship are among the methods to warn the vessel about an armed crew on board.
Private security companies said navy personnel should be aware of local conditions.
"They should understand the habits and behaviour of each area before using lethal force because they must know the area they are transiting and the likelihood of piracy," said Nicholas Davis, the chief executive officer of Maritime Guard Group based in Ras Al Khaimah.
"It appears that the US navy had sufficient time to launch a fast intercept vessel to stop the fishing boat before it got close. It is an intense situation at sea but 10 nautical miles off Jebel Ali is highly unlikely to pose a potential terrorist or piracy threat to anyone."
Experts said while hailing the fishing boat with a megaphone may not elicit a reaction due to the difference in spoken languages, several warning shots should be fired.
"The IMO guidelines are robust and transparent and there must be a clear layered response to an attack," said Simon Osborne, the sales director of maritime security company Protection Vessels International.
"We have had over 40 armed attacks on vessels we have been protecting and none of the attacks we have repelled have gone beyond warning shots. Lethal force is the very last resort. But in the military, lethal force procedures followed are governed by the military rules of each country. They will need to rethink and redefine these."
Iran said yesterday the shooting on Monday was a "perfect example" of how the presence of foreign forces in the Arabian Gulf threatened regional security.
Officials in Tehran seized on the incident to advance its long-standing argument that a peaceful Arabian Gulf can be achieved only through cooperation with its Arab neighbours, but Iranian media surprisingly did not highlight the story.
"Certainly, regional countries, with the help of one another, can provide security . if they join hands with their defensive capabilities they don't need foreign forces," said Iran's foreign ministry spokesman, Ramin Mehmanparast.
Fars news agency, which is aligned with Iran's elite Revolutionary Guards, briefly had an item on the fisherman's death at the top of its homepage, but this soon disappeared. The state-run Press TV, Iran's English-language propaganda mouthpiece abroad, had the story on its website, but the report was factual and dry.
Analysts speculated Iran did not want to publicise the incident because it could trigger domestic criticism of the Iranian regime's threats to close the Strait of Hormuz, which many Iranians believe would be reckless.
rtalwar@thenational.ae
* With additional reporting by Michael Theoudoulou