“FBI screwup?”
No, USN ROE screwup.
The legal and military aspects of eradicating piracy have been well understood for centuries.
When pirates hoist the black flag (or no flag) they are signing their death warrants - and the death warrants of their families, their ships, and their bases on land.
At the Virginia ratification debate Patrick Henry spoke on “due process” for terrorists:
“He was an enemy to the human name. Those who declare war against the human race may be struck out of existence as soon as they are apprehended. He was not executed according to those beautiful legal ceremonies which are pointed out by the laws in criminal cases. The enormity of his crimes did not entitle him to it. I am truly a friend to legal forms and methods; but, sir, the occasion warranted the measure.
A pirate, an outlaw, or a common enemy to all mankind, may be put to death at any time. It is justified by the laws of nature and nations. “
I fully agree that the military of every branch generally has a screwed-up ROE that is preventing true victory. I believe my point is corollary to a screwed-up ROE by having FBI involved and compounded by DOD lawyers using the ROE as a cudgel over military commanders. A properly employed military force that is given mission-type orders (”Bad guys! Sic-em!”) will achieve results. Best example: SOF in early Afghanistan engagements.