La moderna pirateria al largo delle coste della Somalia: un banco di prova per vecchi e nuovi strumenti internazionali di prevenzione e repressione

摘要

Considering the international practice developed in the past years off the coasts of Somalia, the article highlights the main difficulties States are facing in contrasting the massive phenomenon of piracy, which at the same time is a consequence of the lack of effectiveness of the somali government and an obstacle for its real consolidation. The juridical framework is somehow exceptional, because of the involvement of the UN Security Council, but in fact confirms the traditional law of the sea approach to piracy, which enables States to arrest foreign vessels in the high seas and requires permission by the coastal State to take action in the territorial sea. To bring the expected results and prosecute the individuals suspected of piracy, the international effort for the prevention and repression of the phenomenon relies on the appropriate application of multilateral conventions already in force and on new implementing measures, adopted by the competent Organizations.