Piracy in Modern International Law (original) (raw)
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Piracy in Maritime Security and Its International Law Dimension
My research analyzes the Piracy in Maritime Security and its International Law Dimension. The research will consist of four main parts: A Historical Background of Piracy, the Piracy in the Context of International Law History, Contemporary Piracy in Maritime Security and the Contemporary Provisions about Piracy in International Law. With the three context of piracy, I intend to examine the issue from its different but inter-related arguments to better perceive how the piracy emerged as a maritime threat in history and how it has been perceived as the most outstanding scope of the contemporary maritime security issue which is one of the integral parts of the non-traditional security. That’s why, the conception of maritime security is not only described with naval threats such as size of naval power of a state, naval capabilities or the operational power of a state’s navy in international naval exercises as UN and NATO do. Apart from traditional naval power and threat perceptions, state have to now cope with the most troublesome non-traditional threats on the seas, piracy. This term comprises all the illegal way of activities on the high seas including racketeering, smuggling, plundering, seizing and most importantly interrupting commercial and economic interests of the states on the critical-strategic transit routes. Piracy, therefore, must be seen as not only a robbery act of a group of unauthorized crew but also an international maritime threat which damage national economic interests.
The Regulation of Piracy and Armed Robbery at Sea in International Law
2021
This paper examines the regulation of piracy and armed robbery at sea in international law applicable globally and applicable only in a certain region. This research will review the elements of piracy and armed robbery at sea then made a distinction between both crimes. It will be found that there are problems that still not legally regulated in existing international regulation concerning piracy and armed robbery at sea or it has been regulated but still cause a problem in the prosecution of both crimes. It is a normative research which concludes that the regulation of armed robbery at sea is found only in regional international legal rules, unlike the regulation of piracy that exists in international rules that applied globally. The existing regulations leave problems concerning areas where a crime such as piracy-like act will be difficult to categorize as piracy or armed robbery at sea.
The challenges of criminalising piracy & armed robbery at sea under International Criminal Law
LL.M Thesis, 2021
The Preliminary Chapter will start with exposing and unveiling the existing challenges in the context of piracy and armed robbery at sea – which differences will also be covered after having exposed the main international instruments regulating piracy today. Such challenges pertain, inter alia, to the difficulty to apprehend and bring alleged pirates to trial, because of issues of jurisdiction as well as some triggered by the current definitions provided by international law. These challenges extend to the struggle of some States to prosecute and detain convicted pirates. These matters will be covered from an international point of view in Section 1 of the Preliminary Chapter, and in the specific example of the piracy phenomenon in Africa in Section 2 of the same Chapter. Section 3 of the Preliminary Chapter will in turn describe the unexpected consequences briefly cited in the previous paragraph, meaning, inter alia, an apparent displacement of the issue and the subsequent – too many perhaps – regional initiatives that were established to try and fight piracy. Chapter 2 and Chapter 3 will then explore the possibilities of piracy being covered by international criminal law. Considering the challenges and, in many cases, subsequent impunity in the context of piracy, this thesis will try to answer the following question: could, or should piracy be covered by international criminal law in order to tackle the too many challenges surrounding this crime efficiently and on a long-term basis? (…) The second part of this thesis will therefore focus on whether piracy could be considered an international crime, notably to be covered by the Rome Statute of the International Criminal Court (Rome Statute). Leaving aside the crimes of aggression and of genocide which specific features do not appear to coincide with the crime of piracy, Chapter 2 and Chapter 3 will respectively assess whether piracy could be considered as a war crime or as a crime against humanity. Chapter 2 will first address the existence of a nexus between piracy and armed conflicts, then compare war crimes under the Rome Statute and what types of behaviours are covered under acts of piracy. It will then draw an analogy between child pirates and child soldiers, showing yet another similarity between piracy and war crimes based on the specific example of child pirates. Chapter 3 will first define crimes against humanity and will then compare them under the Rome Statute to acts of piracy. In this context, the requirements for crimes to amount to crimes against humanity will be exposed and compared to the specificities of the crime of piracy, in order to assess whether these chapeau requirements could be considered fulfilled or not. A comparison between certain crimes against humanity and some behaviours amounting to acts of piracy will also be performed in order to assess whether piracy itself could be considered a crime against humanity, and added as such in the Rome Statute.
Piracy at sea and the limits of international law
Aegean Review of The Law of The Sea and Maritime Law
The world community is focused on piracy. In today's interdependent world, this crime has once again unleashed itself on the maritime industry, putting people lives and economies at risk. The waters around Somalia and Nigeria are of extreme risk, and the Asian waters still remain an area of concern. The United Nations Security Council even declared piracy a threat to international peace and security. States, in the repression of piracy, do not operate in a legal vacuum. International law, as well as the national legislation of states, regulates the use of force at sea, defining the limits and conditions exercising criminal jurisdiction over pirates. In an attempt to fight impunity on the high seas, many states have started to revise their practices and adapt their laws. Calls are also rising to fill the ''loopholes left by the United Nations Convention on the Law of the Sea'': to address in due manner piracy issues and guarantee adequate balance between the freedom of navigation and the need to ensure the security of their ships and seafarers. This article is an attempt to identify the shortcomings of the existing provisions on piracy provided in international documents, discuss their applicability in fighting the piracy (namely by their ability to ensure the necessary jurisdiction over the crimes at sea) and offer an opinion on possible ways of addressing impunity at sea, both by national and international legal instruments.
As maritime criminal activities are increasingly committed across the borders, States have come to establish mechanisms of international cooperation to be implemented in territorial seas. This article examines such mechanisms with regards to the crime of piracy and armed robbery at sea from the perspective of public international law. This article tackles the significance of the mechanisms imposed on the zonal approach, particularly paying attention to the nature of these crimes. It concludes that under the frameworks, States are allowed to pursue various objectives such as securing the safety of navigation, maintaining security, or protecting the local economy. They do not, however, fundamentally alter the nature of the zonal approach. Nonetheless, by setting up a forum of dialogue between the coastal States and the user States, it promotes maritime governance of territorial seas.
Piracy in light of marine insurance law with a view of ransom payments
Zbornik Pravnog fakulteta Sveučilišta u Rijeci
After the 2008 Somali attacks, piracy has gained significant popularity among scholars. However, despite lots of ongoing debates and written papers in the last decade, some crucial issues have been left unresolved, starting from the definition of piracy. When discussing piracy within the context of marine insurance, certain specific characteristics of marine insurance law should be taken into consideration. Namely, international law definition, criminal law definition and other definitions of piracy cannot properly satisfy the need of marine insurance law. After the proper understanding of piracy within marine insurance law is determined, there are some other important issues that need to be discussed. Certainly, one is categorization of piracy as a peril. Question whether piracy is a marine peril or a war peril? Further on, one of the most discussed issue of modern piracy are ransom payments. Can they even be considered legal? If yes, are they recoverable from marine insurers and o...
Abstract The stability of the international trade depends upon the security given to the merchants in the high seas since the most part of the international commercial transportation is made by sea. To this end, the crime of piracy is a big threat. However, the unique international community’s attempts (working together) to repress it does not seem to work. When it is compared the risk involved in piracy with the profit gained by the pirates, it seems that taking the risk of easy-wealth will never fade away unless efficient reputable policies are recognized by the international society. Bring pirates to justice therefore may close the large and growing impunity gap for piracy. This article examines the piracy in international law (piracy jure gentium). Responses given by the international community as measures to secure the international maritime commerce take place. Security issues are mentioned from the angle of international efforts given to combat piracy. To this end, the present combat against Somali pirates is given as a case study. It is clear that international law gives priority to the coastal State to deal with the pirates entering into their territorial waters as a result of sovereignty. However, if the coastal State has no capacity to deal with the situation there is a blank area of international law, viz., how to treat the case? It is assumed that general knowledge and a case study would open a gate to provide a solid answer to the crime of piracy. However, it soon became clear that a universal and a general answer to all situations cannot be given because of constraints involved in international law. Key Words: Hot Pursuit, Sea Piracy, Privateering, Piracy off the coast of Somali, Failing State and Piracy, Security in the High Seas, International Cooperation, and Piracy Jure Gentium. Özet Uluslararası ticaretin büyük bir kısmı deniz taşımacılığı yoluyla yapıldığından uluslararası ticaretin istikrarı denizlerde tüccarlara verilen güvenliğe bağlıdır. Bu bağlamda, deniz haydutluğu suçu büyük bir tehdit oluşturuyor. Ancak, bunu bastırmak için uluslararası toplumun eşsiz girişimlerinin (birlikte çalışma) yeterli olduğu görünmüyor. Deniz haydutları tarafından elde edilen gelir ile ilgili riski karşılaştırıldığında, görünen o ki uluslararası toplumca saygın ve etkili politikalar tanınmadıkça kolay elde etmeye yönelik riskin üstlenilmesinin ortadan kalkacağı asla imkan dahilinde gözükmüyor. Bu nedenle deniz haydutlarını adalete teslim etmek büyük ve büyüyen bir cezasızlık açığını kapatabilir. Bu makale, uluslararası hukukta deniz haydutluğunu (piracy jure gentium) inceler. Uluslararası toplum tarafından uluslararası deniz ticaretini güvence altına almak için ortaya konan yanıtlar konu edinilmiştir. Deniz haydutluğuyla mücadele için verilen uluslararası çabalar açısından güvenlik sorunlarından söz edilmektedir. Bu amaçla, Somalili deniz haydutlarına karşı mevcut mücadele, bir vaka çalışması olarak ele alınmaktadır. Uluslararası hukukun sahildar devlete egemenliğin bir sonucu olarak kendi karasularına giren deniz haydutlarıyla başa çıkmak için öncelik verdiği açıktır. Ancak, sahildar devletin bu durumla başa çıkacak kapasiteye sahip değilse ortada uluslararası hukukun izahtan yoksun bir alanı mevcuttur, bu alan konunun nasıl çözüleceğidir. Genel bilgi ve örnek olay çalışmasının deniz haydutluğu suçunun çözümü için sağlam bir cevap vermeye yönelik bir kapıyı açacağı düşünülmüştür. Ancak, çalışma sonucunda görüldü ki, uluslararası hukukta yer alan kısıtlamalar nedeniyle her olaya uygulanabilecek evrensel bir cevap verilemeyeceği ortaya çıkmıştır. Anahtar Kelimeler: Sıcak Takip, Deniz Haydutluğu, Somali Kıyılarındaki Deniz Haydutluğu, Başarısız Devlet ve Deniz Haydutluğu, Açık Denizlerde Güvenlik, Uluslararası Birliktelik, ve Piracy Jure Gentium
A review of developments in the nature and law of maritime piracy
2008
Thachuk, Tangrcdi 'Transnational Threats and Maritime Responses' available on http://www.cuni.czlEISISRT-24-versionI-legal aspeclslerrorism vol2.pdf 11 lntemalional Marilime Organisation. Piracy and Armed N()hh~'Y 01 sea. (2000) at I available on http://www.imo.org.
The Questions of Piracy in the Light of International Law and the Responsibility of a Failed State
These days, one of the most significant issue is maritime piracy and armed robbery; it poses a high threat against international peace and security. These crimes can occur anywhere on the high seas, but the most infected areas are the western basin of the Indian Ocean, the Gulf of Aden, Southeast Asia, or the Gulf of Guinea, where piracy causes many troubles to world trade. The crime of piracy calls for a strong and substantive answer. In this paper, the author tries to look for legal and non-legal devices against piracy and tries to give an answer to the question whether we can take a failed state to account in international law?
Maritime piracy operations: Some legal issues
Journal of International Maritime Safety, Environmental Affairs, and Shipping, 2020
The international legal regime pertaining to maritime piracy has developed and grown over the years. These changes were prompted due to lacunas in the legal system, which surfaced when the codified laws were implemented. The problem of maritime piracy flares up every few years, especially with the modernization of boats and weapons. Dealing with maritime piracy involves coordinated and orchestrated efforts at different levels including, domestic, regional and international. Anti-maritime piracy operations have been very successful in controlling and reducing piratical activities, for example, attacks on merchant vessels off the Somalian coast have considerably reduced. Given the success of such anti-maritime piracy operations, it becomes imperative to underscore some legal issues that may stand out and flag the gaps in the international maritime piracy legal regime. Identifying such legal issues will help the future lawmakers in deciding if such issues need resolution, and does it require further development or amendment of the current maritime piracy legal regime.