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Developing the Concept of Maritime Piracy: A Comparative Legal Analysis of International Law and Domestic Criminal Legislation
in The International Journal of Marine and Coastal LawThis article deals with the problem of combating international crime related to violence at sea. The question addressed is whether, according to public international law, all violent acts in the maritime domain, such as maritime piracy, drug trafficking, human trafficking and maritime terrorism, can be combined into one legal concept. In order to answer this question, this article takes the traditional notion of “piracy” in the sense used in the 1982 Law of the Sea Convention and explores the possibility of the notion being extended to encompass the other forms of crime to a concept of “universal maritime crime”. Jurisdictional issues, the difficulties of incorporating the resulting concept into domestic criminal legislation and challenges related to the prosecution of alleged criminals, such as due process and human rights issues, are also considered.
Developing the Concept of Maritime Piracy: A Comparative Legal Analysis of International Law and Domestic Criminal Legislation
in The International Journal of Marine and Coastal Law
Sections
- Introduction
- Objective of This Article
- Methodology
- Current Status of Jurisdiction over Maritime Piracy
- Domestic Criminal Anti-piracy Legislation
- Towards a Wider Legal Concept of Maritime Piracy?
- Crimes Committed in the Maritime Domain
- Maritime Crime
- Legal Issues Related to the Prosecution of Maritime Crime
- Human Rights
- Conclusion
References
4
Published on 14 January 2010. Wet 30 december 2009 betreffende de strijd tegen piraterij op zee bs 14 januari 2010 zoals gewijzigd op 16 januari 2013 (Belgian anti-piracy act of 30 December 2009 published in the Belgian official gazette on 14 January 2010 as amended by the Act of 16 January 2013).
48
As of 21 January 2016166 States had ratified sua representing 94.45% of the world merchant shipping tonnage (Source: International Maritime Organization available at: http://www.imo.org/en/About/Conventions/StatusOfConventions/Pages/Default.aspx accessed 3 February 2016).
50
2005 Protocol (London 14 October 2005in force 28 July 2010) imo Doc. leg/conf.15/21 to the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (n 42) [hereinafter 2005 sua Protocol].
52
As of 21 January 201640 States had ratified the 2005 Protocol representing 39.06% of the world merchant shipping tonnage (Source: International Maritime Organization available at: http://www.imo.org/en/About/Conventions/StatusOfConventions/Pages/Default.aspx accessed 3 February 2016).
58
29 January 2009annexed to imo Doc. c 102/4.
84
Rb. Rotterdam 17 juni 2010Case No. 10/600012–09 reprinted and translated in 145 International Law Reports 491. Cited by Gardner (n 38) at p. 799.
120
On 12 October 2000the u.s. Navy Destroyer uss Cole was refueling in the Yemeni port of Aden when suicide terrorists exploded a small boat alongside the vessel. The blast ripped a 40-foot-wide hole near the waterline killing 17 American sailors. See http://www.fbi.gov/about-us/history/famous-cases/uss-cole accessed 8 February 2016.
121
On 6 October 2002the French supertanker Limburg chartered to the Malaysian oil firm Petronas was approaching the Yemeni port of Mina al-Dabah when it was rammed by a small high-speed vessel causing a huge explosion. See http://www.theguardian.com/world/2002/oct/07/alqaida.france accessed 8 February 2016.
135
ECtHR (Grand Chamber)Medvedyev and Others v. France Appl. No. 3394/03 29 March 2010 Judgment (Medvedyev).
Figures
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45 countries with anti-piracy legislation as of 31 December 2012 -
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Maritime piracy as a tree of legal concepts -
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Crimes in the maritime domain as a tree of legal concepts -
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Maritime crime as a tree of legal concepts -
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Countries that have prosecuted alleged pirates as of 31 December 2012
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