Date post: | 02-Jan-2016 |
Category: |
Documents |
Upload: | reynard-chase |
View: | 222 times |
Download: | 1 times |
Piracy and Armed Robbery at Sea
Causes of Piracy
&
Counter-Strategies
Prof. Dr. Robin Geiß, LL.M. (NYU)
Addis Ababa
9 May 2012
Areas most affected by piracy
1. East Africa
2. South China Sea
3. Indian Ocean
4. West Africa
5. South America
6. Carribbean
Facts & Figures
2006 – 31 reported incidents 2007 – 60 reported incidents
2008 – 136 reported incidents 2009 – 222 reported incidents 2010 – 172 reported incidents
(29 %) 2011 – 223 reported incidents
(11 %)
Causes of Piracy
Security Council Resolution 2020
“Recognizes that the ongoing instability in Somalia is one of the underlying causes of the problem of piracy and contributes to the problem of piracy and armed robbery at sea
off the coast of Somalia”
Causes of Piracy Illegal fishing in Somalia‘s territorial waters
Illegal dumping of (toxic) waste
lack of enforcement of the arms embargo
Instability within Somalia• Lack of effective government• Lack of economic opportunities
Source of revenue
Effects of Piracy Threat to the safe delivery of
humanitarian aid
Safety of seafarers and other persons
Safety of international navigation
Safety of commercial maritime routes
„Piracy is both a symptom and a cause of instability“
Efforts to Counter Piracy
Multilateral Operations• EU Operation Atalanta• NATO Operation „Ocean Shield“• Combined-Task-Force 151
Regional Approaches• Djibouti Code of Conduct
Private Security Providers
Efforts to Counter Piracy
Multilateral Operations• EU Operation Atalanta• NATO Operation „Ocean Shield“• Combined-Task-Force 151
Regional Approaches• Djibouti Code of Conduct
Private Security Providers
What measures are States allowed to take?
Against Whom?Where?
UNCLOS• Articles 110, 105 UNCLOS• Articles 107, 103 UNCLOS• Article 101 UNCLOS
Security Council Resolutions• SC Res. 1846 (2008)• SC Res. 1851 (2008)• SC Res. 1897 (2009)• SC Res. 1950 (2010)• SC. Res. 2020 (2011)
What measures are States allowed to take? Against Whom?
Where?
On the high seas, or in any other
place
outside the jurisdiction of any
State,
every State may seize a pirate ship
…
and arrest the persons and seize
the
property on board.Article 105 (1) UNCLOS
Article 101 UNCLOS: Definition of piracy
Piracy consists of any of the following acts:
any illegal acts of violence or detention, or any act
of depredation, committed for private ends by the
crew or the passengers of a private ship…, and directed:
(i) on the high seas, against another ship, or against persons or property on board such ship
The High Seas (UNCLOS)
Somalia's Territorial Waters (SC Res. 1846)
Somalia's Mainland (SC Res. 1851)
Private Security Service Providers
Domestic Regulation• Criminal Law / Self-Defense• Weapon Laws• Security Service Regulations
International Regulation• Additional Protocol I (1977)• Montreux Document on PMCs / PSCs
(2008)• International Code of Conduct (2010)• HRC – Open-ended Working Group…
Private Security Service Providers
Flag State Jurisdiction• Article 92 UNCLOS
Coastal State Jurisdiction• Article 19 UNCLOS (“innocent passage”)• Article 27 UNCLOS (Crimes on board)• State Practice
Port State Jurisdiction
Detention, Transfers, Prosecution
Arrest • Legal Basis
Detention• „promptly before a judge“
Transfers• Transfer-/ Shiprider-Agreements• The Principle of Non-refoulement
Criminal Prosecution• Adjudicative Jurisdiction
Prosecuting Piracy
Security Council Resolution 2020
“reiterating its concern over a large number of persons suspected of piracy
having to be released without facing justice”
Prosecuting PiracyInstitutional Options
International Options• International Criminal Court (ICC)• Special Chamber (UNCLOS)• Ad hoc Special Tribunal• A hybrid model
Regional Options• Regional Domestic Courts• Specialized Piracy Chambers
The Globalization of Crime
Drug Trafficking
Arms Trade
Piracy
International Terrorism
Cybercrime
Money Laundering
Concluding Observations States are resolved but reluctant Piracy in the Gulf of Aden
• cannot be reduced to a criminal justice issue.
• cannot be resolved purely through arrests and seizures.
This holds true for different transnational crime phenomena