Download or read book Prosecuting Maritime Piracy written by Michael P. Scharf and published by Cambridge University Press. This book was released on 2015-06-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.
Download or read book Prosecuting Juvenile Piracy Suspects written by Milena Sterio and published by Routledge. This book was released on 2017-08-14 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Duncan Gaswaga, a former judge of the Seychelles Supreme Court who has presided over numerous piracy trials, asked the following question: "What is a judge to do when a bearded piracy suspect facing justice asserts that he is fourteen?" This book addresses this important question by focusing on the treatment of juvenile piracy suspects under international law within national prosecutorial regimes. Beginning with the modern-day Somali piracy model, and exploring the reasons for piracy organizers and financiers to have employed Somali youth as pirates, author Milena Sterio analyzes the relevant international legal framework applicable to the treatment of juvenile criminal suspects, such as international human rights law, international criminal law, including the statutes of several international and ad hoc tribunals, as well as legal issues related to the use of child soldiers, as a parallel to the use of child pirates. This volume examines recent national piracy prosecutions involving juvenile suspects in Germany, Spain, India, Italy, Malaysia, the Seychelles, and the United States, developing a set of recommendations and best practices for all piracy prosecuting nations dealing with juvenile suspects to refer to in developing their national policy toward the treatment of juvenile piracy suspects.
Download or read book The Prosecution of Pirates in National Courts written by Robin Warner and published by Emirates Center for Strategic Studies and Research. This book was released on 2013-06-11 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Piracy is the oldest of the limited crimes subject to universal jurisdiction which are punishable by any state regardless of the nationality of the victim or perpetrator. Universal jurisdiction is generally reserved for crimes of an exceptionally serious and heinous nature and the placing of piracy in this category illustrates the extent to which piratical activities were seen as a widespread scourge. A customary international law regime was developed to respond to the threat of piracy in the 19th century. In the 20th century this was codified in the 1958 Convention on the High Seas (HSC) and the 1982 United Nations Convention on the Law of the Sea (LOSC), both of which contain provisions recognizing the universal jurisdiction of states to repress piracy and investigate and prosecute its perpetrators. The LOSC provisions are considered to be reflective of customary international law on piracy. The significant upsurge in piracy incidents involving Somali nationals off the Horn of Africa, and in the Gulf of Aden since 2008, has led to increased scrutiny of piracy offences under international law; the incorporation of that law in national legislation; and the capacity of countries within and beyond the Horn of Africa region to investigate and prosecute these offences effectively. Somalia has been without a functioning central government for over two decades since the fall of the Siad Barre dictatorship in 1991. This lack of effective governance and enforcement of the rule of law in Somalia has provided the basic impetus for the increase in piratical attacks off the Somali coast. This paper provides an analysis of the international legal framework for dealing with piracy and its criminalization in national legal systems. It examines some of the key trends emerging from national prosecutions of Somali pirates since the onset of increased piracy incidents off the Horn of Africa and in the Gulf of Aden, and the initiatives taken by the international community to strengthen the capacity of national legal systems in this region to investigate and prosecute piracy offences. Finally, it reviews the need for stronger criminal justice cooperation networks in the Horn of Africa and Gulf of Aden region to support investigation and prosecution of piracy offences.
Download or read book Prosecuting Maritime Piracy written by Michael P. Scharf and published by Cambridge University Press. This book was released on 2015-05-28 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.
Download or read book Prosecuting Pirates written by Brett Alan Hewitt and published by . This book was released on 2017 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly fifty years, beginning in the 1680s, the English government waged a costly war to rid the seas of pirates. While the eventual success of Britain’s imperial campaign to combat piracy lay in a multi-pronged approach, the heart of the offensive was Parliamentary legislation, which created a series of Vice-Admiralty Courts in the colonies facilitating an aggressive prosecutorial policy. My research examines why colonial English piracy trials from 1701-1726 were so inconsistent and why they frequently deviated from English law and established precedent. I contend these variations in courtroom procedures were caused by four interrelated factors: various conceptualizations of the crime of piracy, different piracy statutes requiring the use of largely incompatible legal procedures, the evolving nature of piracy itself, and the constant pressure from imperial officials to secure a high rate of convictions for those accused.
Download or read book Piracy and Armed Robbery at Sea written by Robin Geiss and published by OUP Oxford. This book was released on 2011-02-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2008 increasing pirate activities in Somalia, the Gulf of Aden, and the Indian Ocean have once again drawn the international community's attention to piracy and armed robbery at sea. States are resolved to repress these impediments to the free flow of trade and navigation. To this end a number of multinational counter-piracy missions have been deployed to the region. This book describes the enforcement powers that States may rely upon in their quest to repress piracy in the larger Gulf of Aden region. The piracy rules of the United Nations Convention on the Law of the Sea (UNCLOS) and the legal safeguards applicable to maritime interception operations are scrutinized before the analysis turns to the criminal prosecution of pirates and armed robbers at sea. The discussion includes so-called shiprider agreements, the transfers of alleged offenders to regional states, the jurisdictional bases for prosecuting pirates, and the feasibility of an international(ized) venue for their trial. In addressing a range of relevant issues, this book presents a detailed and comprehensive up-to-date analysis of the legal issues pertaining to the repression of piracy and armed robbery at sea and assesses whether the currently existing legal regime is still adequate to effectively counter piracy in the 21st century.
Download or read book Maritime Piracy and the Construction of Global Governance written by Michael J. Struett and published by Routledge. This book was released on 2013-05-07 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Piratical attacks have become more frequent, violent, costly and increasingly threaten to undermine order in the international system. Much attention has focused on Somalia, but piracy is a problem worldwide. Recent coordination efforts among states in South East Asia appear to have helped in the area, but elsewhere piracy has expanded. Interestingly, international law has long recognized piracy as a crime and provided tools for universal suppression, yet piracy persists. In this book, a handpicked group of leading experts in the field of International Relations use maritime piracy as a means to expose the incongruities in our understanding of global governance. Using broadly constructivist approaches to understand international actors’ responses to the challenges created by maritime piracy, the contributors question a number of myths and misconceptions around piracy and analyze the various ways that international law and organizations channel actors’ understandings of maritime piracy and their efforts to respond to it. In doing so, they expose some shaky foundations for IR theorists: how do we conceive of governance and legitimacy when they are delinked from the territorial aspect of the modern nation-state? What happens to prospects for cooperation when we get to the nitty-gritty questions of practice related to paying for trials, imprisoning and maintaining captured pirates, bearing the burden of policing sea-lanes, or even determining what constitutes a pirate? Does anyone have a monopoly on the legitimate use of force at sea, and how is that legitimacy constructed? Maritime Piracy and the Construction of Global Governance offers an improved theoretical understanding of the response of the international community to maritime piracy and broadens our understanding of the complex and sometimes countervailing motivations of all the actors involved, from international organizations and states down to the pirates themselves.
Download or read book A Guantanamo on the Sea written by Eugene Kontorovich and published by . This book was released on 2010 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a surge in pirate atta ...
Download or read book Piracy and the Origins of Universal Jurisdiction written by Mark Chadwick and published by BRILL. This book was released on 2019-01-03 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.
Download or read book Maritime Piracy and the Construction of Global Governance written by Michael J. Struett and published by Routledge. This book was released on 2013 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: A handpicked group of leading experts in the field of International Relations use maritime piracy as a means to expose the incongruities in our understanding of global governance.
Download or read book Prosecuting International Crimes in Africa written by Chacha Murungu and published by PULP. This book was released on 2011 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Prosecuting international crimes in Africa contributes to the understanding of international criminal justice in Africa. The books argues for the rule of law, respect for human rights and the eradication of a culture of impunity in Africa. it is a product of peer-reviewed contributions from graduates of the Centre for Human Rights, Faculty of Law, University of Pretoria, where the Master's degree programme in Human Rights and Democratisation in Africa has been presented since 2000"--Back cover.
Download or read book The Global Prosecution of Core Crimes under International Law written by Christopher Soler and published by Springer Nature. This book was released on 2019-09-18 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
Download or read book Piracy in a Legal Context written by Annemarie Middelburg and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Piracy off the Somali coast has flourished since the Somali government collapsed in 1991. Somali pirates have been demanding million-dollar ransoms for the release of hostages, ships, and cargoes. Naval ships patrolling in the Gulf of Aden and the Indian Ocean frequently capture pirates, but more than 90% of the captured pirates have been released without facing trial. This master thesis examines Somali piracy and focuses on five possibilities for prosecution (i.e. prosecution in Somalia, the ICC, the flag State, third countries, and an international piracy tribunal) of suspected Somali pirates within the framework of international law. The book paints a picture of the most preferable way to proceed on the prosecution of Somali pirates, in order to combat the international crime of piracy and to find a solution for impunity at national and international level. Thesis.
Download or read book The African Court of Justice and Human and Peoples Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
Download or read book USAK Yearbook of International Politics and Law Volume 4 written by Sedat Laçiner and published by International Strategic Research Organization (USAK). This book was released on 2011-01-01 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: USAK Yearbook of Politics and International Relations, the fifth edition of which was published in 2012, is an annual, peer-reviewed, English language scholarly journal. The Editorial Office of the Yearbook is in the central building of the International Strategic Research Organization (USAK) in Ankara, Turkey. However, the Yearbook is an independent publication in terms of scholarly research and the editors decide its publication policies. Esteemed academics dispassionately evaluate all submitted articles to ensure their conformity with academic rules and formats. The review reports are confidentially stored in the Yearbook's archives for five years. While the focal points of published articles converge on international relations, international law and political science, essentially; subjects regarding Area studies of the Balkans, the Caucasus, the Middle East, Central Asia, and Europe are also spared considerable space. Additionally, pieces concerning international security, sociology, and anthropological studies are also regularly included in the Yearbook. Now entering its sixth year of compilation, the Yearbook provides a scholarly platform for academics and researchers throughout the world. The USAK Yearbook of Politics and International Relations is gifted to every dual subscriber to the Review of International Law and Politics (UHP) and the Journal of Central Asia and the Caucasus (OAKA) after their first year of subscription. Indexes through which our followers can browse and access Yearbook are as follows: Hein Online, International Political Science Abstracts (IPSA), PAIS International, CSA Worldwide Political Science Abstracts, CSA Sociological Abstracts, CSA Social Services Abstracts and ULAKBİM.
Download or read book Updates on Efforts to Combat Piracy written by United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Coast Guard and Maritime Transportation and published by . This book was released on 2014 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tenth report from the Foreign Affairs Committee of session 2010 12 written by Great Britain: Foreign and Commonwealth Office and published by The Stationery Office. This book was released on 2012-03-19 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Response to HC 1318 (ISBN 9780215040237). Dated March 2012
