Prosecuting Maritime Piracy
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Prosecuting Maritime Piracy
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Author : Michael P. Scharf
language : en
Publisher: Cambridge University Press
Release Date : 2015-06-09
Prosecuting Maritime Piracy written by Michael P. Scharf and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-09 with Law categories.
This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.
The Prosecution Of Pirates In National Courts
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Author : Robin Warner
language : en
Publisher: Emirates Center for Strategic Studies and Research
Release Date : 2013-06-11
The Prosecution Of Pirates In National Courts written by Robin Warner and has been published by Emirates Center for Strategic Studies and Research this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-11 with Antiques & Collectibles categories.
Piracy is the oldest of the limited crimes subject to universal jurisdiction which are punishable by any state regardless of the nationality of the victim or perpetrator. Universal jurisdiction is generally reserved for crimes of an exceptionally serious and heinous nature and the placing of piracy in this category illustrates the extent to which piratical activities were seen as a widespread scourge. A customary international law regime was developed to respond to the threat of piracy in the 19th century. In the 20th century this was codified in the 1958 Convention on the High Seas (HSC) and the 1982 United Nations Convention on the Law of the Sea (LOSC), both of which contain provisions recognizing the universal jurisdiction of states to repress piracy and investigate and prosecute its perpetrators. The LOSC provisions are considered to be reflective of customary international law on piracy. The significant upsurge in piracy incidents involving Somali nationals off the Horn of Africa, and in the Gulf of Aden since 2008, has led to increased scrutiny of piracy offences under international law; the incorporation of that law in national legislation; and the capacity of countries within and beyond the Horn of Africa region to investigate and prosecute these offences effectively. Somalia has been without a functioning central government for over two decades since the fall of the Siad Barre dictatorship in 1991. This lack of effective governance and enforcement of the rule of law in Somalia has provided the basic impetus for the increase in piratical attacks off the Somali coast. This paper provides an analysis of the international legal framework for dealing with piracy and its criminalization in national legal systems. It examines some of the key trends emerging from national prosecutions of Somali pirates since the onset of increased piracy incidents off the Horn of Africa and in the Gulf of Aden, and the initiatives taken by the international community to strengthen the capacity of national legal systems in this region to investigate and prosecute piracy offences. Finally, it reviews the need for stronger criminal justice cooperation networks in the Horn of Africa and Gulf of Aden region to support investigation and prosecution of piracy offences.
Prosecuting Juvenile Piracy Suspects
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Author : Milena Sterio
language : en
Publisher: Routledge
Release Date : 2017-08-14
Prosecuting Juvenile Piracy Suspects written by Milena Sterio and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-14 with Law categories.
Duncan Gaswaga, a former judge of the Seychelles Supreme Court who has presided over numerous piracy trials, asked the following question: "What is a judge to do when a bearded piracy suspect facing justice asserts that he is fourteen?" This book addresses this important question by focusing on the treatment of juvenile piracy suspects under international law within national prosecutorial regimes. Beginning with the modern-day Somali piracy model, and exploring the reasons for piracy organizers and financiers to have employed Somali youth as pirates, author Milena Sterio analyzes the relevant international legal framework applicable to the treatment of juvenile criminal suspects, such as international human rights law, international criminal law, including the statutes of several international and ad hoc tribunals, as well as legal issues related to the use of child soldiers, as a parallel to the use of child pirates. This volume examines recent national piracy prosecutions involving juvenile suspects in Germany, Spain, India, Italy, Malaysia, the Seychelles, and the United States, developing a set of recommendations and best practices for all piracy prosecuting nations dealing with juvenile suspects to refer to in developing their national policy toward the treatment of juvenile piracy suspects.
Maritime Piracy And The Construction Of Global Governance
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Author : Michael J. Struett
language : en
Publisher: Routledge
Release Date : 2013-05-07
Maritime Piracy And The Construction Of Global Governance written by Michael J. Struett and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-07 with Political Science categories.
Piratical attacks have become more frequent, violent, costly and increasingly threaten to undermine order in the international system. Much attention has focused on Somalia, but piracy is a problem worldwide. Recent coordination efforts among states in South East Asia appear to have helped in the area, but elsewhere piracy has expanded. Interestingly, international law has long recognized piracy as a crime and provided tools for universal suppression, yet piracy persists. In this book, a handpicked group of leading experts in the field of International Relations use maritime piracy as a means to expose the incongruities in our understanding of global governance. Using broadly constructivist approaches to understand international actors’ responses to the challenges created by maritime piracy, the contributors question a number of myths and misconceptions around piracy and analyze the various ways that international law and organizations channel actors’ understandings of maritime piracy and their efforts to respond to it. In doing so, they expose some shaky foundations for IR theorists: how do we conceive of governance and legitimacy when they are delinked from the territorial aspect of the modern nation-state? What happens to prospects for cooperation when we get to the nitty-gritty questions of practice related to paying for trials, imprisoning and maintaining captured pirates, bearing the burden of policing sea-lanes, or even determining what constitutes a pirate? Does anyone have a monopoly on the legitimate use of force at sea, and how is that legitimacy constructed? Maritime Piracy and the Construction of Global Governance offers an improved theoretical understanding of the response of the international community to maritime piracy and broadens our understanding of the complex and sometimes countervailing motivations of all the actors involved, from international organizations and states down to the pirates themselves.
Piracy And Armed Robbery At Sea
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Author : Robin Geiss
language : en
Publisher: OUP Oxford
Release Date : 2011-02-24
Piracy And Armed Robbery At Sea written by Robin Geiss and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-24 with Law categories.
Since 2008 increasing pirate activities in Somalia, the Gulf of Aden, and the Indian Ocean have once again drawn the international community's attention to piracy and armed robbery at sea. States are resolved to repress these impediments to the free flow of trade and navigation. To this end a number of multinational counter-piracy missions have been deployed to the region. This book describes the enforcement powers that States may rely upon in their quest to repress piracy in the larger Gulf of Aden region. The piracy rules of the United Nations Convention on the Law of the Sea (UNCLOS) and the legal safeguards applicable to maritime interception operations are scrutinized before the analysis turns to the criminal prosecution of pirates and armed robbers at sea. The discussion includes so-called shiprider agreements, the transfers of alleged offenders to regional states, the jurisdictional bases for prosecuting pirates, and the feasibility of an international(ized) venue for their trial. In addressing a range of relevant issues, this book presents a detailed and comprehensive up-to-date analysis of the legal issues pertaining to the repression of piracy and armed robbery at sea and assesses whether the currently existing legal regime is still adequate to effectively counter piracy in the 21st century.
Contemporary Maritime Piracy
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Author : James Kraska
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2011-06-02
Contemporary Maritime Piracy written by James Kraska and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-02 with Political Science categories.
This volume provides a concise introduction to the issues and debates regarding modern piracy, including naval operations, law, and diplomacy, and focuses on the recent surge of attacks off the coasts of Africa and Asia. In the past decade, the incidence of maritime piracy has exploded. The first three months of 2011 were the worst ever, with 18 ships hijacked, 344 crew taken hostage, and 7 crew members murdered. The four Americans on board the sailing vessel Quest were shot at point-blank range. The economic costs are also staggering, reaching $7 to $12 billion per year, as insurance costs skyrocket, ransoms double and then quadruple, and ships are forced to hire armed security for protection. Pirates operating off the Horn of Africa disrupt shipping traffic through the strategic Suez Canal, siphoning transit fees from an unstable Egypt, while the seizure of supertankers in the Indian Ocean underscores the vulnerability of the world's oil supply. Governments, private industry, and international organizations have mobilized to address the threat. This is the first volume to examine their work in developing naval strategy, international law and diplomacy, and industry guidelines to suppress contemporary maritime piracy. Contemporary Maritime Piracy: International Law, Strategy, and Diplomacy at Sea comprises three sections, the first of which contains chapters on historical and contemporary piracy, international law and diplomacy, and coalition strategies for combating future piracy. The second and third parts provide collections of historic profiles and relevant documents.
Ending Impunity For Maritime Piracy
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Author : Justin William Morris
language : en
Publisher:
Release Date : 2013
Ending Impunity For Maritime Piracy written by Justin William Morris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Piracy (International law) categories.
Modern Piracy
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Author : Douglas Guilfoyle
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Modern Piracy written by Douglas Guilfoyle and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.
ÔA number of books dealing with piracy have been published in recent years. This book stands out by the breadth of its coverage, which, unusually and much to be welcomed, includes detailed consideration of both public and private law. The book is also notable for the quality and range of expertise of its contributors, who are not only leading experts in the field but a mixture of academic and practising lawyers.Õ Ð Robin Churchill, The University of Dundee, UK ÔPiracy once again is posing serious threats to international trade, navigation and, of course, to the safety of seafarers. This collection of outstanding essays by outstanding scholars and practitioners examines the background to the re-emergence of piracy in South Asia, East and West Africa and explores the complex legal and practical challenges which crafting effective responses has presented. It is, quite simply, essential reading for anyone who is seriously interested in understanding and responding to one of the most pressing problems of our time.Õ Ð Malcolm Evans, University of Bristol, UK Modern Piracy is the first book to survey the law of maritime piracy from both public law and commercial law perspectives, as well as providing a contextual overview of piracy in major hotspots. Topics covered include issues of international law, law-enforcement cooperation, private armed security, ransoms, insurance and carriage of goods by sea. It provides a comprehensive introduction to the range of legal issues presented by the modern piracy menace and will be of interest to scholars and practitioners alike. Benefiting from a wide range of international expertise, this book will be of interest to public international law academics, government legal counsel, maritime commercial law practitioners, international relations academics as well as anyone interested in transnational organised crime.
Modern Maritime Piracy
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Author : Robert C. McCabe
language : en
Publisher: Routledge
Release Date : 2017-09-14
Modern Maritime Piracy written by Robert C. McCabe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-14 with History categories.
This book examines the complex phenomena of modern maritime piracy. The work offers a cutting-edge analysis of modern maritime piracy in the two most pirate-prone regions – southeast Asia and northeast Africa – from the late twentieth century to the modern day. These case studies present a detailed exploration of how regional and international governments responded to upsurges of piracy and how responses have evolved over the course of the past 40 years. This analysis reveals the results of these efforts and what effect, if any, suppressing piracy at sea had on tensions and instability ashore. The book transcends a simple narrative, providing detailed and extensively researched case studies of contemporary manifestations and responses at the strategic, operational and tactical levels. New insights are offered, such as the role of external navies in the repression of piracy in northeast Africa before the well-documented escalation in 2005. In addition, this book constructs a comparative analytic framework to gauge the effectiveness and shortcomings of modern attempts to counteract piracy, which reveals lessons learned, future policy projections and wider implications. This analysis adds new classifications, innovative concepts and scholarly depth to the field of maritime security studies, naval history and theory and international relations. This book will be of much interest to students of naval history, maritime security, strategic studies and international relations.
A Panafrican And International Approach
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Author : Brian Ikol Adungo
language : en
Publisher:
Release Date : 2012
A Panafrican And International Approach written by Brian Ikol Adungo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Piracy is a serious crime of international concern that is increasing in frequency and severity despite the unique ways in which the international community has been working together recently in an effort to repress and combat piracy. Nations are not prosecuting piracy suspects with any regularity, either because they do not have the laws, capacity, or resources to handle such prosecutions, or because they alone do not want to bear the various burdens associated with an expensive and difficult prosecution that affects numerous nations. According to the International Chamber of Commerce (ICC) International Maritime Bureau's (IMB) global piracy report piracy at sea hit an all-time high in the first three months of 2011, with 142 attacks worldwide. The sharp rise was driven by a surge in piracy off the coast of Somalia, where 97 attacks were recorded in the first quarter of 2011, up from 35 in the same period last year. Worldwide in the first quarter of 2011, 18 vessels were hijacked, 344 crew members were taken hostage, and six were kidnapped. A further 45 vessels were boarded, and 45 more reported being fired upon. IMB, whose Piracy Reporting Centre has monitored piracy worldwide since 1991 state that in the first three months of 2011, pirates murdered seven crew members and injured 34. Just two injuries were reported in the first quarter of 2006. Of the 18 ships hijacked worldwide in the first three months of the year, 15 were captured off the east coast of Somalia, in and around the Arabian Sea and one in the Gulf of Aden. In this area alone, 299 people were taken as hostage and a further six were kidnapped from their vessel. At their last count, on 31 March, IMB figures showed that Somali pirates were holding captive 596 crew members on 28 ships. The international community as a whole encounters the negative effects of piracy. Although reports indicate that the highest number of pirate attacks in 2010 occurred off the Gulf of Aden and the east coast of Somalia, substantial attacks were also reported by other countries including Malaysia, Nigeria, India, Bangladesh, and Peru. Targets of pirate attacks include flag states, ship owners, crew members, among others. Additionally, almost 80% of the world economy's goods, including critical supplies such as energy like oil are transported through the sea. Hence, piracy significantly disrupts international trade and economy. The presence of piracy also threatens to destabilize states that depend on revenues from international shipping, such as Kenya, Sudan, Saudi Arabia, Eritrea, Djibouti, Yemen and Oman. Piracy even hampers the delivery of foreign aid and enhances instability in already impoverished and unstable states: the United Nations World Food Program had, until recently in 2011, to suspend deliveries of food aid to Somalia due to the dangers faced in traveling through pirate-infested waters. Ultimately, because many of the vessels that do sail through pirate-infested sea lanes carry oil or other vulnerable chemical supplies, piracy also poses the risk of a major international environmental disaster. However, despite the presence of piracy and its effects on the safety and security of ships, crews, and cargo passing through international and territorial waters, individual nations and the international community as a whole are not doing enough to ensure that pirates who essentially commit violent attacks are arrested, prosecuted, and punished. Somewhat, it seems most nations are shunning their judicial responsibility to prosecute the pirates who commit crimes in their territory or against their ships and crews. Several reasons have been advanced in justification of refusal to accept these judicial burdens, including lack sufficient legal structures to prosecute piratical acts, even those states with national legislation to punish acts of piracy, the laws do not permit the exercise of jurisdiction beyond territorial waters, few states have adapted national laws to apply international treaty provisions regarding the repression of piracy, and even within the European Union, only Germany, Finland, the Netherlands, and Sweden can exercise jurisdiction over acts of maritime piracy, Spain's Penal code, for example, does not cover maritime piracy, Portuguese law does not permit it to prosecute those accused of committing acts of maritime piracy, there are also concerns about the safety and impartiality of local judges, the difficulties of obtaining and preserving evidence, and fears that if convicted, the pirates will be able to remain in the country where they are prosecuted. Nevertheless, if pirates are not arrested, prosecuted, and eventually punished, it is unlikely they will be deterred, particularly given the high rewards that accrue to them in the form of ever-increasing ransom payments. This paper is concerned with the problem of piracy and the increasing failure of the international community to ensure that pirates are brought to justice and punished for crimes they commit at sea. Despite myriad attempts by nations to implement measures aimed at disrupting piratical attacks -- for example, by forming naval patrols that roam pirate-infested waters -- such measures alone are not sufficient to deter all or even most acts of piracy. Ironically, pirate attacks are increasing. This paper seeks to argue that deterrence and prevention of future criminal activity are the primary goals of criminal prosecutions, hence criminal prosecutions of pirates, could go a long way to deter and prevent future piratical attacks. This paper focuses on judicial solutions to the problem of piracy and argues that piracy is a serious crime affecting the international community, making it suitable for an international judicial solution This paper further explores the possibility of bringing the crime of piracy under the ambit of the International Criminal Court (ICC) as a way to bring an end to the culture of impunity that surrounds piracy offenses. The justifications for including piracy within the jurisdiction of the ICC are many including the ones listed below: The treaty establishing the ICC covers serious crimes of concern to the international community. In Theory, piracy is a serious crime, the typical crime of customary international law, and the original universal jurisdiction crime. It is arguable that piracy involves many of the same violent and cruel acts such as murder, kidnapping, and forceful hostage-taking by use of sophisticated and dangerous weaponry that are used to commit genocide, war crimes and crimes against humanity, all which fall under the ICC's jurisdiction. Furthermore, like the other crimes that fall within the ICC's jurisdiction, piracy is a crime that is suits the complementarity regime applied by the ICC treaty, which is intended to help bring to an end the culture of impunity for serious crimes of concern to the international community. This hypothesis is supported by the fact that states are not prosecuting acts of piracy, either because they are unwilling or unable to do so. Hence just as the ICC can fill the impunity gap for the crimes already within its jurisdiction, it can also fill the impunity gap for the crime of piracy. Lastly, as a practical matter, the ICC already exists, and may properly sit regionally where it deems necessary, and the crime of piracy can undoubtedly be added to its mandate by an optional protocol.