Piracy and Armed Robbery at Sea

Causes of Piracy

&

Counter-Strategies

Prof. Dr. Robin Geiß, LL.M. (NYU)

Addis Ababa

9 May 2012

Areas most affected by piracy

1. East Africa

2. South China Sea

3. Indian Ocean

4. West Africa

5. South America

6. Carribbean

Facts & Figures

2006 – 31 reported incidents 2007 – 60 reported incidents

2008 – 136 reported incidents 2009 – 222 reported incidents 2010 – 172 reported incidents

(29 %) 2011 – 223 reported incidents

(11 %)

Causes of Piracy

Security Council Resolution 2020

“Recognizes that the ongoing instability in Somalia is one of the underlying causes of the problem of piracy and contributes to the problem of piracy and armed robbery at sea

off the coast of Somalia”

Causes of Piracy Illegal fishing in Somalia‘s territorial waters

Illegal dumping of (toxic) waste

lack of enforcement of the arms embargo

Instability within Somalia• Lack of effective government• Lack of economic opportunities

Source of revenue

Effects of Piracy Threat to the safe delivery of

humanitarian aid

Safety of seafarers and other persons

Safety of international navigation

Safety of commercial maritime routes

„Piracy is both a symptom and a cause of instability“

Efforts to Counter Piracy

Multilateral Operations• EU Operation Atalanta• NATO Operation „Ocean Shield“• Combined-Task-Force 151

Regional Approaches• Djibouti Code of Conduct

Private Security Providers

Efforts to Counter Piracy

Multilateral Operations• EU Operation Atalanta• NATO Operation „Ocean Shield“• Combined-Task-Force 151

Regional Approaches• Djibouti Code of Conduct

Private Security Providers

What measures are States allowed to take?

Against Whom?Where?

UNCLOS• Articles 110, 105 UNCLOS• Articles 107, 103 UNCLOS• Article 101 UNCLOS

Security Council Resolutions• SC Res. 1846 (2008)• SC Res. 1851 (2008)• SC Res. 1897 (2009)• SC Res. 1950 (2010)• SC. Res. 2020 (2011)

What measures are States allowed to take? Against Whom?

Where?

On the high seas, or in any other

place

outside the jurisdiction of any

State,

every State may seize a pirate ship

…

and arrest the persons and seize

the

property on board.Article 105 (1) UNCLOS

Article 101 UNCLOS: Definition of piracy

Piracy consists of any of the following acts:

any illegal acts of violence or detention, or any act

of depredation, committed for private ends by the

crew or the passengers of a private ship…, and directed:

(i) on the high seas, against another ship, or against persons or property on board such ship

The High Seas (UNCLOS)

Somalia's Territorial Waters (SC Res. 1846)

Somalia's Mainland (SC Res. 1851)

Legal Constraints

Law of the Sea (UNCLOS)

Human Rights Law

International Humanitarian Law (IHL)

Multinational Law Enforcement and Sea Piracy

Effective Control?

Private Security Service Providers

Domestic Regulation• Criminal Law / Self-Defense• Weapon Laws• Security Service Regulations

International Regulation• Additional Protocol I (1977)• Montreux Document on PMCs / PSCs

(2008)• International Code of Conduct (2010)• HRC – Open-ended Working Group…

Private Security Service Providers

Flag State Jurisdiction• Article 92 UNCLOS

Coastal State Jurisdiction• Article 19 UNCLOS (“innocent passage”)• Article 27 UNCLOS (Crimes on board)• State Practice

Port State Jurisdiction

Detention, Transfers, Prosecution

Arrest • Legal Basis

Detention• „promptly before a judge“

Transfers• Transfer-/ Shiprider-Agreements• The Principle of Non-refoulement

Criminal Prosecution• Adjudicative Jurisdiction

Prosecuting Piracy

Security Council Resolution 2020

“reiterating its concern over a large number of persons suspected of piracy

having to be released without facing justice”

Prosecuting PiracyInstitutional Options

International Options• International Criminal Court (ICC)• Special Chamber (UNCLOS)• Ad hoc Special Tribunal• A hybrid model

Regional Options• Regional Domestic Courts• Specialized Piracy Chambers

The Globalization of Crime

Drug Trafficking

Arms Trade

Piracy

International Terrorism

Cybercrime

Money Laundering

Concluding Observations States are resolved but reluctant Piracy in the Gulf of Aden

• cannot be reduced to a criminal justice issue.

• cannot be resolved purely through arrests and seizures.

This holds true for different transnational crime phenomena

Thank You!