The Prosecution Of Pirates In National Courts
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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 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.
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.
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.
Piracy In A Legal Context
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Author : Annemarie Middelburg
language : en
Publisher:
Release Date : 2011
Piracy In A Legal Context written by Annemarie Middelburg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Criminal jurisdiction categories.
Piracy off the Somali coast has flourished since the Somali government collapsed in 1991. Somali pirates have been demanding million-dollar ransoms for the release of hostages, ships, and cargoes. Naval ships patrolling in the Gulf of Aden and the Indian Ocean frequently capture pirates, but more than 90% of the captured pirates have been released without facing trial. This master thesis examines Somali piracy and focuses on five possibilities for prosecution (i.e. prosecution in Somalia, the ICC, the flag State, third countries, and an international piracy tribunal) of suspected Somali pirates within the framework of international law. The book paints a picture of the most preferable way to proceed on the prosecution of Somali pirates, in order to combat the international crime of piracy and to find a solution for impunity at national and international level. Thesis.
Piracy And The Origins Of Universal Jurisdiction
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Author : Mark Chadwick
language : en
Publisher: BRILL
Release Date : 2019-01-03
Piracy And The Origins Of Universal Jurisdiction written by Mark Chadwick and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-03 with Law categories.
In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.
On The Legal Issues Regarding The Prosecution Of Sea Parties Including Human Rights
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Author : Barry Dubner
language : en
Publisher:
Release Date : 2016
On The Legal Issues Regarding The Prosecution Of Sea Parties Including Human Rights written by Barry Dubner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
An article appeared in the New York Times on January 28, 2012, entitled Seized Pirates in High Seas Legal Limbo, with no Formula for Trials. The author of the article noted, based on comments by the Rear Admiral Kaleem Shaukat (the Pakistani who commands Combined Task Force 151, the region's multinational counter-piracy command), that "without a legal system to match the navies' tactical progress, piracy, and uncertainties about what to do with Somali prisoners on the high seas, would persist.” Rear Admiral Shaukat was further quoted as saying that “[i]f there is no effective legislation that makes sure these pirates are taken to a court of law and punished, if that does not occur, they will come back again and hijack other ships... [t]hat is still a weak area.”Despite everything that has been written on the subject, a lack of understanding on how and where to prosecute pirates persists. Eight days before the New York Times article, the U.N. Security Council issued the Report of the Secretary-General on Specialized Anti-Piracy Courts in Somalia and Other States in the Region ("Security Council Report"). When juxtaposed, the two titles -- the New York Times article and the Security Council Report -- seem to be totally inconsistent. This Article seeks to discuss whether there is a legal system in place to try sea pirates, and if so, whether it is working with the same efficiency as the navies that are currently patrolling and fighting piracy.To fully address these issues, it is necessary to analyze the problems with prosecution that existed during earlier periods. Many of the classical problems are the same today. Before the organized crime called "sea piracy" off the coast of Somalia existed, fewer acts of piracy were committed in the world, which were primarily associated with refugee problems and simple acts of robbery in port or near shore. Therefore, the following question remains: what prompted the Pakistani admiral to speak in such terms about the lack of a legal system in this area of piracy?
The African Court Of Justice And Human And Peoples Rights In Context
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Author : Charles C. Jalloh
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-16
The African Court Of Justice And Human And Peoples Rights In Context written by Charles C. Jalloh 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 2019-05-16 with History categories.
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
Somali Piracy
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Author : Jade Lindley
language : en
Publisher: Routledge
Release Date : 2016-06-23
Somali Piracy written by Jade Lindley and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-23 with Law categories.
Maritime piracy off the coast of Somalia was first recognised as a global concern in 2008 after the hijackings of World Food Programme vessels. It remains a serious impediment to international maritime trade and a significant risk to seafarers. Bringing a criminological perspective to the subject, this book presents an analysis of Somali piracy by means of Routine Activity Theory and regulatory pluralism. Based on data from a range of sources, including published documents and in-depth interviews with representatives of industry, government, and international organisations, the study concludes that no one institution or policy will suffice to control Somali piracy. Accordingly, a number of different actors and institutions have a role to play in reducing the supply of motivated offenders, the vulnerability of prospective victims, and in enhancing guardianship. The book envisages a holistic counter-piracy program based on a pluralistic regulatory model that is sustainable within the region, and managed by the region, providing the best opportunity for both the immediate future, and for long-term success. This study will be essential reading for criminologists, public policy and legal scholars, as well as policy makers and regulators in countries affected by and dealing with piracy, and international professional advocacy groups operating in the maritime space.
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.