Looking for a Jurisdiction for Somali Pirates

12 Pages Posted: 16 Nov 2010  

Daniele Archibugi

Italian National Research Council (CNR); University of London - School of Business, Economics and Informatics

Marina Chiarugi

Italian National Research Council (CNR)

Date Written: November 16, 2010

Abstract

One of the surprising things about the resurge of piracy in the Gulf of Aden is that there is not yet a clear standard of conduct when suspected pirates are eventually caught. There are many cases in which pirates have been released by the military Navies that arrested them and other cases of excessive use of force. This article addresses the possibility of providing a fair trial to suspected pirates, also on the ground of new developments in establishing dedicated courts in states of the region. Judging suspected pirates presents a variety of problems associated to evidence collection, availability of witnesses and national laws to be applied. In spite of these difficulties, Western powers, which have invested so much in patrolling the Indian Ocean with their navies, have so far been unexpectedly reluctant to provide fair trials.

Keywords: Piracy, Trial, Universal Jurisdiction, Human Rights, Kenya, International Law, Law of the Sea

Suggested Citation

Archibugi, Daniele and Chiarugi, Marina, Looking for a Jurisdiction for Somali Pirates (November 16, 2010). Available at SSRN: https://ssrn.com/abstract=1709995 or http://dx.doi.org/10.2139/ssrn.1709995

Daniele Archibugi (Contact Author)

Italian National Research Council (CNR) ( email )

Via Palestro, 32
00185 Rome
Italy

University of London - School of Business, Economics and Informatics ( email )

Malet Street
Bloomsbury
London, WC1E 7HX
United Kingdom
+44 (0) 207 631 6741 (Phone)
+44 (0) 207 631 6769 (Fax)

HOME PAGE: http://www.bbk.ac.uk/management/our-staff/academics/archibugi

Marina Chiarugi

Italian National Research Council (CNR) ( email )

Roma
Italy

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