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 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 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 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 The Law of Piracy written by Alfred P. Rubin and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTENTS: Foreword Preface The Origins The Evolution of the Concept of Piracy in England The United States of America and the Law of Piracy British Practice in the Nineteenth Century "Piracy" in the Twentieth Century Appendices Abbreviations Bibliography Index Index of Cases Professor Alfred P. Rubin of the Fletcher School of Law and Diplomacy of Tufts University, the author of this volume, has contributed a work of exceptional scholarship that will long be regarded as an authoritative reference material not only with respect to the law of piracy, but to the whole of international law. Professor Rubin's work is considered to be informative, comprehensive, and provocative. Ronald J. Kurth Rear Admiral, U.S. Navy President, Naval War College

Download or read book Shipping Interdiction and the Law of the Sea written by Douglas Guilfoyle and published by Cambridge University Press. This book was released on 2009-08-13 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.

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 Atrocity Punishment and International Law written by Mark A. Drumbl and published by Cambridge University Press. This book was released on 2007-04-30 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.

Download or read book Piracy at Sea written by Maximo Q. Mejia, Jr. and published by Springer Science & Business Media. This book was released on 2013-11-22 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: ​Over more than three decades starting in the 1990s, thousands of robberies, acts of piracy, and other violent attacks against merchant vessels have been reported in many of the world’s waters. The grave danger of piracy poses a direct threat not only to the security and efficiency of marine transportation, but more seriously, to the lives of the men and woman carrying out this important function. This book collates ideas brought up by seafarers, shipowners, industry practitioners, government officials, academics, and researchers exchanged views and insights on the complex web of underlying factors behind the phenomenon of piracy. Piracy at Sea brings together a wide spectrum of maritime stakeholders, who present different aspects of the problem in an open manner and share their thoughts on how to deal with a truly complex situation. It encapsulates this collective wisdom in a publication that can serve as an easy reference for practitioners as well as researchers, and hopefully contribute to more concrete action.​

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 International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Download or read book Media Piracy in Emerging Economies written by Joe Karaganis and published by Lulu.com. This book was released on 2011 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Media Piracy in Emerging Economies is the first independent, large-scale study of music, film and software piracy in emerging economies, with a focus on Brazil, India, Russia, South Africa, Mexico and Bolivia. Based on three years of work by some thirty five researchers, Media Piracy in Emerging Economies tells two overarching stories: one tracing the explosive growth of piracy as digital technologies became cheap and ubiquitous around the world, and another following the growth of industry lobbies that have reshaped laws and law enforcement around copyright protection. The report argues that these efforts have largely failed, and that the problem of piracy is better conceived as a failure of affordable access to media in legal markets.

Download or read book The Deadly Life of Logistics written by Deborah Cowen and published by U of Minnesota Press. This book was released on 2014-09-01 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world in which global trade is at risk, where warehouses and airports, shipping lanes and seaports try to guard against the likes of Al Qaeda and Somali pirates, and natural disaster can disrupt the flow of goods, even our “stuff” has a political life. The high stakes of logistics are not surprising, Deborah Cowen reveals, if we understand its genesis in war. In The Deadly Life of Logistics, Cowen traces the art and science of logistics over the last sixty years, from the battlefield to the boardroom and back again. Focusing on choke points such as national borders, zones of piracy, blockades, and cities, she tracks contemporary efforts to keep goods circulating and brings to light the collective violence these efforts produce. She investigates how the old military art of logistics played a critical role in the making of the global economic order—not simply the globalization of production, but the invention of the supply chain and the reorganization of national economies into transnational systems. While reshaping the world of production and distribution, logistics is also actively reconfiguring global maps of security and citizenship, a phenomenon Cowen charts through the rise of supply chain security, with its challenge to long-standing notions of state sovereignty and border management. Though the object of corporate and governmental logistical efforts is commodity supply, The Deadly Life of Logistics demonstrates that they are deeply political—and, considered in the context of the long history of logistics, deeply indebted to the practice of war.

Download or read book Global Maritime Safety Security Issues and East Asia written by Suk Kyoon Kim and published by BRILL. This book was released on 2019-06-07 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Global Maritime Safety & Security Issues and East Asia, Suk Kyoon Kim offers a multi-disciplinary perspective on various issues of maritime safety and security, focusing on East Asia. Ranging from the definitions of maritime safety and security, this book provides insights on a wide range of maritime safety and security regimes and issues.

Download or read book Deep Currents and Rising Tides written by John Garofano and published by Georgetown University Press. This book was released on 2013-04-29 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indian Ocean region has rapidly emerged as a hinge point in the changing global balance of power and the geographic nexus of economic and security issues with vital global consequences. The security of energy supplies, persistent poverty and its contribution to political extremism, piracy, and related threats to seaborne trade, competing nuclear powers, and possibly the scene of future clashes between rising great powers India and China—all are dangers in the waters or in the littoral states of the Indian Ocean region. This volume, one of the first attempts to treat the Indian Ocean Region in a coherent fashion, captures the spectrum of cooperation and competition in the Indian Ocean Region. Contributors discuss points of cooperation and competition in a region that stretches from East Africa, to Singapore, to Australia, and assess the regional interests of China, India, Pakistan, and the United States. Chapters review possible “red lines” for Chinese security in the region, India’s naval ambitions, Pakistan’s maritime security, and threats from non-state actors—terrorists, pirates, and criminal groups—who challenge security on the ocean for all states. This volume will interest academics, professionals, and researchers with interests in international relations, Asian security, and maritime studies.

Download or read book Enemy of the State written by Prof. Michael A. Newton and published by St. Martin's Press. This book was released on 2008-09-16 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: At 12:21 p.m., on October 19, 2005, Saddam Hussein was escorted into the Courtroom of the Iraqi High Tribunal in Baghdad for one of the most important and chaotic trials in history. For a year, two American law professors had led an elite team of experts who prepared the judges and prosecutors for "the mother of all trials." Michael Scharf, a former State Department official who helped create the Yugoslavia Tribunal in 1993, and Michael Newton, then a professor at West Point, would confront such issues as whether the death penalty should apply, how to run a fair trial when political and military passions run so high, and which of Saddam's many crimes should be prosecuted. Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.