By Anna Petrig, Ed-2010: sea piracy law: selected national legal frameworks and regional legislative approaches/droit de la piraterie maritime: cadres juridiques nationaux et approches legislatives regionales

摘要

The dramatic increase of piracy and armed robbery against ships in the Western Indian Ocean and the Gulf of Aden in the last years highlighted the lack of national and regional legal frameworks for the punishment for these crimes in the region. From the perspective of criminal lawyers, the United Nations Security Council Resolutions 1816(2008), 1846(2008), and 1851(2008) that authorized states to use military forces "within the territorial waters of Somalia" and "in Somalia" for the purpose of suppressing piracy and armed robbery against ships had little impact on the criminal prosecution of perpetrators. While a number of western states cooperated in taking enforcement measures off the coast of Somalia for the suppression and deterrence of acts of piracy and armed robbery against ships, they were reluctant to prosecute captured pirates in their domestic courts.