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Title Combating piracy off the coast of Somalia: current legal challenges
Full text http://dare.uva.nl/record/376561
Date 2009
Author(s) Fink, M.D.; Galvin, R.J.
Abstract The ongoing maritime operations against piracy off the coast of Somalia have not only put naval enforcement against piracy at sea in the spotlight, but also the legal aftermath of what to do with pirates after their capture. While warships at sea within the current legal framework of UNCLOS and the UN Security Council amplifications specifically adopted for the case of Somalia can effectively perform their tasks, the question of what to do with the pirate suspects is still not satisfactorily resolved. As a consequence, attacks against merchant vessels and international trade run the risk of being 'consequence free', in which the perpetrators are not being held accountable. Participating nations are confronted with the fact that military operations against piracy, which is essentially a criminal offence, need a comprehensive approach to ensure accountability. To counter this criminal activity at sea nations try to strengthen the judicial infrastructure through national prosecution or transfer suspects for prosecution in the Horn of Africa region. As these options are not considered to be enough, and hampered by other non-legal factors, some nations call for an international court as a possible long term solution.
Type of publication Article / Letter to the editor
Format application/pdf
Source Netherlands International Law Review (0165070X) vol.56 (2009) nr.3 p.367
Rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the copyright holder (usually the author), other then for strictly personal, individual use.
Repository Amsterdam - UvaPub, University of Amsterdam
Added to C-A: 2012-06-05;16:06:27