In the days of sail, and with brisk trade between all continents (1700-1850 or so), pirates operated under a constant death penalty. The pirates' real flags...
told the target ship - "If you resist, everyone on board will be killed. If you DO NOT resist and hand over your cargo, you will be allowed to live..."
Pirates fought viciously, because if they were captured, they were summarily hung. Pirate corpses were hanged on mast spars, and on entrances to harbors, in iron cages, and left there to rot as a warning to other pirates.
Piracy declined, but is now making a comeback. The same traditional rules of the sea should be in place. No mercy. I hope the Chinese Navy (or anybody's navy) blows them out of the water. Every commercial ship in pirate waters should have several heavy machine guns on pintles, and crews trained in their use.
If wishes were horses ........
Unfortunately, under present laws such thing are an impossibility. At best or worst, (some) merchant ships have embarked armed civilian guards while transiting the Gulf of Aden area. But that has only thrown up questions about what laws would apply if pirates were killed by these guards during the course of an attack ?!
So the next best thing has been convoying merchant ships under escort by warships. It has worked to some extent, except that this convoy arrangement is presently confined to a corridor leading to the entrance of the Straits of Bab-el-Mandeb. In the meanwhile the Somali pirates have now extended their area of operations further away from the coast towards Kenya, Madagascar, Seychelles, Maldives and even the Lakshadweep islands of India.
Considering that piracy has netted upwards of USD 300 million dollars (estimates) of ransom money for the pirates since this problem erupted, it has turned out to be quite a
viable enterprise. Actually i am quite surprised that the pirates have not yet invested in some old/scrapped gunboats or similar warships! Which can be bought somewhere in the world.
The crux of the problem is two-fold. Firstly, though there is some concerted International effort now to combat the menace; it is still so poorly co-ordinated as to feel half hearted. Secondly, the issue of application of laws or a legal system. Somalia as a functioning legal entity has ceased to exist. So which laws apply to the pirates?
This question has not been conclusively addressed yet. Unfortunately, "hanging at the mizzen-mast","keel-hauling" and "walking the plank" are not allowed any more. Summary punishment might indeed have had some salutary effects. Interestingly, the IN in addition to the French and US navies has permission from the Somali Govt. (sic) to enter Somali waters in 'hot pursuit' of pirates. But it would be better if International forces would have permission to attack the pirate bases on land via drones or missiles.
Identification of pirate vessels is another endemic problem. While the attacks are usually mounted from FRP skiffs fitted with outboards; the 'Mother Ships' which launch the skiffs are commandeered civilian craft like Fishing Trawlers, Purse Seiners, Tug-Boats, Dhows and the like. Very hard to positively identify unless you are practically upon them.
An IN ship, INS Tabar blew one of them (a trawler) out of the water some time ago. Ideally the Helos embarked on the warships should be put to better use; reccee the boats from the air and in case of suspicion use their guns and rockets to send them to "Davy Jones' locker". But the warships are presently severely constrained by very limiting 'Rules of Engagement'.
Things in that region are not likely to change in a hurry.