Piracy, navies and the law of the Sea: the case of Somalia |
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Authors: | Uwe Jenisch |
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Institution: | (1) Vilnius University, Vilnius, Lithuania |
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Abstract: | This contribution concentrates on the legal aspects of piracy and tries to explain some of the practical problems which modern
navies experience in their fight against piracy and maritime violence off Somalia. The UN Law of the Sea Convention of 1982
provides a traditional though largely deficient set of rules for control and counter measures. Modern legal instruments such
as the SUA Convention of 1988 as amended, recent resolutions of the UN Security Council and regional treaties try to fill
the loopholes. Against this background the paper discusses e. g. the law of boarding and investigation of suspicious vessels,
the arrest and penal prosecution of criminals and the right of self-defence in case of an imminent attack. The international
mandates and the national rules of engagement in which the navies operate reflect these ambiguities that result in a loss
of momentum. After all piracy is not an act of war, but a crime. In conclusion apolitical solution on land is indispensable
as the navies and coast guards can only fight the symptoms and not the causes of crime and unrest in a failed State. |
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