Transfer of Suspected Pirates and Human Rights: Axiomatic Theories, State Practice, and Judicial Interventions – A European Perspective on Some Possible Shortcomings of the Current International Legal Framework

Il Diritto Marittimo, ANNO CXIX – TERZA SERIE, FASCICOLO III – LUGLIO-SETTEMBRE 2017

35 Pages Posted: 6 Nov 2017

See all articles by Stefano Dominelli

Stefano Dominelli

Università degli Studi di Genova; University of Milan, Dep. of International, Legal, Historical and Political Studies

Date Written: November 3, 2017

Abstract

The intensity of the phenomenon of maritime piracy has led States to organise military reactions whose aim is to ensure the safety on the high seas, and avoid impunity for pirates. In the context of coordinated actions, a number of legal issues become of particular relevance, also in light of economy-of-law considerations. In particular, the need for states to respect human rights law in the repression of piracy can promote the exercise of indirect universal jurisdiction so to ensure a speedy trial before a court that is theoretically better placed to hear the case. Nonetheless, from a European perspective, transfers of pirates to processing countries also raise a number of significant legal questions that have recently been – partially unsatisfactorily – tackled by some domestic courts. The aim of the present work is to assess these issues, along with considering whether or not transfer agreements remain a feasible option, also in light of an economy-of-law reasoning drawn by the human rights law limits that appear to postpone the applicability of such an international practice.

Keywords: Maritime Piracy, Transfer Agreements, Universal Jurisdiction, Human Rights

JEL Classification: K33

Suggested Citation

Dominelli, Stefano, Transfer of Suspected Pirates and Human Rights: Axiomatic Theories, State Practice, and Judicial Interventions – A European Perspective on Some Possible Shortcomings of the Current International Legal Framework (November 3, 2017). Il Diritto Marittimo, ANNO CXIX – TERZA SERIE, FASCICOLO III – LUGLIO-SETTEMBRE 2017, Available at SSRN: https://ssrn.com/abstract=3064608

Stefano Dominelli (Contact Author)

Università degli Studi di Genova ( email )

Via Vivaldi 5
Genova, 16126
Italy

University of Milan, Dep. of International, Legal, Historical and Political Studies ( email )

Via Vivaldi 5
Genova, 16126
Italy

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