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The Prosecution Of Pirates In National Courts
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Author :Robin Warner Publisher :Emirates Center for Strategic Studies and Research ISBN 13 :9948147146 Total Pages :14 pages Book Rating :4.9/5 (481 download)
Book Synopsis The Prosecution of Pirates in National Courts by : Robin Warner
Download or read book The Prosecution of Pirates in National Courts written by Robin Warner and published by Emirates Center for Strategic Studies and Research. This book was released on 2013-06-11 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Prosecuting Maritime Piracy by : Michael P. Scharf
Download or read book Prosecuting Maritime Piracy written by Michael P. Scharf and published by Cambridge University Press. This book was released on 2015-05-28 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Piracy and the Origins of Universal Jurisdiction by : Mark Chadwick
Download or read book Piracy and the Origins of Universal Jurisdiction written by Mark Chadwick and published by BRILL. This book was released on 2019-01-03 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Prosecuting Juvenile Piracy Suspects by : Milena Sterio
Download or read book Prosecuting Juvenile Piracy Suspects written by Milena Sterio and published by Routledge. This book was released on 2017-08-14 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The African Court of Justice and Human and Peoples' Rights in Context by : Charles C. Jalloh
Download or read book The African Court of Justice and Human and Peoples' Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Piracy and Armed Robbery at Sea by : Robin Geiss
Download or read book Piracy and Armed Robbery at Sea written by Robin Geiss and published by OUP Oxford. This book was released on 2011-02-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Pirate Trails written by Stuart Yikona and published by World Bank Publications. This book was released on 2013-11-14 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally piracy has produced sentimental notions of adventure, freedom, and independence. However, piracy is a criminal act and often involves high levels of violence that can have a devastating impact on the victims. This book attempts to understand the illicit financial flows from the proceeds of piracy.
Book Synopsis Piracy at Sea by : Maximo Q. Mejia, Jr.
Download or read book Piracy at Sea written by Maximo Q. Mejia, Jr. and published by Springer Science & Business Media. This book was released on 2013-11-22 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over more than three decades starting in the 1990s, thousands of robberies, acts of piracy, and other violent attacks against merchant vessels have been reported in many of the world’s waters. The grave danger of piracy poses a direct threat not only to the security and efficiency of marine transportation, but more seriously, to the lives of the men and woman carrying out this important function. This book collates ideas brought up by seafarers, shipowners, industry practitioners, government officials, academics, and researchers exchanged views and insights on the complex web of underlying factors behind the phenomenon of piracy. Piracy at Sea brings together a wide spectrum of maritime stakeholders, who present different aspects of the problem in an open manner and share their thoughts on how to deal with a truly complex situation. It encapsulates this collective wisdom in a publication that can serve as an easy reference for practitioners as well as researchers, and hopefully contribute to more concrete action.
Book Synopsis Piracy in a Legal Context by : Annemarie Middelburg
Download or read book Piracy in a Legal Context written by Annemarie Middelburg and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law of Piracy by : Alfred P. Rubin
Download or read book The Law of Piracy written by Alfred P. Rubin and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTENTS: Foreword Preface The Origins The Evolution of the Concept of Piracy in England The United States of America and the Law of Piracy British Practice in the Nineteenth Century "Piracy" in the Twentieth Century Appendices Abbreviations Bibliography Index Index of Cases Professor Alfred P. Rubin of the Fletcher School of Law and Diplomacy of Tufts University, the author of this volume, has contributed a work of exceptional scholarship that will long be regarded as an authoritative reference material not only with respect to the law of piracy, but to the whole of international law. Professor Rubin's work is considered to be informative, comprehensive, and provocative. Ronald J. Kurth Rear Admiral, U.S. Navy President, Naval War College
Book Synopsis Shipping Interdiction and the Law of the Sea by : Douglas Guilfoyle
Download or read book Shipping Interdiction and the Law of the Sea written by Douglas Guilfoyle and published by Cambridge University Press. This book was released on 2009-08-13 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.
Book Synopsis Deep Currents and Rising Tides by : John Garofano
Download or read book Deep Currents and Rising Tides written by John Garofano and published by Georgetown University Press. This book was released on 2013-04-29 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indian Ocean region has rapidly emerged as a hinge point in the changing global balance of power and the geographic nexus of economic and security issues with vital global consequences. The security of energy supplies, persistent poverty and its contribution to political extremism, piracy, and related threats to seaborne trade, competing nuclear powers, and possibly the scene of future clashes between rising great powers India and China—all are dangers in the waters or in the littoral states of the Indian Ocean region. This volume, one of the first attempts to treat the Indian Ocean Region in a coherent fashion, captures the spectrum of cooperation and competition in the Indian Ocean Region. Contributors discuss points of cooperation and competition in a region that stretches from East Africa, to Singapore, to Australia, and assess the regional interests of China, India, Pakistan, and the United States. Chapters review possible “red lines” for Chinese security in the region, India’s naval ambitions, Pakistan’s maritime security, and threats from non-state actors—terrorists, pirates, and criminal groups—who challenge security on the ocean for all states. This volume will interest academics, professionals, and researchers with interests in international relations, Asian security, and maritime studies.
Book Synopsis The International Law of the Sea by : Donald R Rothwell
Download or read book The International Law of the Sea written by Donald R Rothwell and published by Bloomsbury Publishing. This book was released on 2023-08-10 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for the previous edition: “A complete overview of the subject which does not intimidate the reader but rather spurns interest and understanding in the subject.” European Energy and Environmental Law Review “...(the book is) scholarly yet accessible and very readable; thoroughly recommended.” Law Institute Journal Description The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a comprehensive assessment of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including many bilateral, regional, and global agreements that supplement the Convention. The third edition of this acclaimed text has been thoroughly revised and updated, and now incorporates a dedicated chapter on natural and artificial islands. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, marine scientific research, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. The book also takes stock of contemporary oceans governance issues not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification, and work on a new agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.
Book Synopsis Atrocity, Punishment, and International Law by : Mark A. Drumbl
Download or read book Atrocity, Punishment, and International Law written by Mark A. Drumbl and published by Cambridge University Press. This book was released on 2007-04-30 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.
Book Synopsis Global Maritime Safety & Security Issues and East Asia by : Suk Kyoon Kim
Download or read book Global Maritime Safety & Security Issues and East Asia written by Suk Kyoon Kim and published by BRILL. This book was released on 2019-06-07 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Global Maritime Safety & Security Issues and East Asia, Suk Kyoon Kim offers a multi-disciplinary perspective on various issues of maritime safety and security, focusing on East Asia. Ranging from the definitions of maritime safety and security, this book provides insights on a wide range of maritime safety and security regimes and issues.
Book Synopsis The Maritime Dimension of International Security by : Peter Chalk
Download or read book The Maritime Dimension of International Security written by Peter Chalk and published by Rand Corporation. This book was released on 2008 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: A total of 2,463 actual or attempted acts of piracy were registered around the world between 2000 and the end of 2006. This represents an annual average incident rate of 352, a substantial increase over the mean of 209 recorded for the period of 1994 1999. The concentration of pirate attacks continues to be greatest in Southeast Asia, especially in the waters around the Indonesian archipelago (including stretches of the Malacca Straits that fall under the territorial jurisdiction of the Jakarta government), which accounted for roughly 25 percent of all global incidents during 2006. Seven main factors have contributed to the general emergence of piracy in the contemporary era. First and most fundamentally, there has been a massive increase in commercial maritime traffic. Combined with the large number of ports around the world, this growth has provided pirates with an almost limitless range of tempting, high-payoff target. Second is the higher incidence of seaborne commercial traffic that passes through narrow and congested maritime chokepoints. These bottlenecks require ships to significantly reduce speed to ensure safe passage, which dramatically heightens their exposure to midsea interception and attack.
Book Synopsis Private Anti-Piracy Navies by : John J. Pitney
Download or read book Private Anti-Piracy Navies written by John J. Pitney and published by Lexington Books. This book was released on 2013-12-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twenty-first century has seen a sharp rise in privatization of the military, especially of logistics and security functions during the U.S.-led wars in Iraq and Afghanistan. The outbreak of Somali piracy that started in 2008 has prompted a similar revolution in maritime security. Private security companies began operating armed escort vessels to protect merchant shipping against pirates off the Horn of Africa. Private Anti-Piracy Navies is intended to provide a contextualized understanding of the historical origins, current state, and future prospects of this fast-changing sector. Centuries ago, the British East India Company used a private navy against piracy in the same waters with much success. Yet since then, international law has evolved to more tightly regulate the use of force by civilians, and to afford greater protections to suspected pirates. Thus, the development of what are in effect private warships has presented numerous legal and regulatory problems. How can the companies that operate these vessels be effectively licensed? Under what circumstances should they be allowed to use lethal force? This book explains how regulators in industry and government have attempted to answer such questions, and highlights the remaining areas of uncertainty. It also addresses the economic factors that drive the struggle between pirates and anti-piracy forces. Of equal concern are operational considerations such as defensive tactics, logistics, and rules of engagement. Security companies must carefully balance rights concerns against the need to defend ships effectively. Partly due to the contribution of private security, piracy in the Indian Ocean has dropped significantly over the past two years, leading to widespread overconfidence. Governments under severe budget pressure may withdraw their naval task forces from the region prematurely, leading to a resurgence of Somali piracy. At the same time, pirates are wreaking havoc in the Gulf of Guinea off West Africa. The book concludes with an assessment of private naval forces’ prospects in these conflicts over the short term, as well as the implications for wider naval privatization in the long run.
