International piracy law

maritime zones UNCLOS codified the laws of piracy in Articles 100 to 110. Article 108 is not strictly piracy law, but for the suppression of illicit traffic of narcotic drugs at sea. The piracy articles of UNCLOS replicate Articles 14 to 21 of the 1958 Geneva Convention on the High Seas. The treaty is accepted as customary international law. The term hostis humani generis (enemy of all mankind) was applied to pirates in the 1927 Lotus case of the Permanent Court of International Justice, the League of Nations equivalent of the International Court of Justice. As such, there is universal jurisdiction over piracy on the high seas. Pirates are denied protection of the flag state and all states have the right to seize a pirate ship on the high seas and to prosecute in national courts. == Harvard Draft Convention on Piracy ==

The 1932 Convention of Piracy (CoPir) was provided as one of the thirteen commentaries presented in the 1930 League of Nations Codification Conference on International Law. It held piracy as not a crime against the law of nations; giving faith to the jurisdiction of individual states to repress piracy. Article 2 of CoPir stated that "Every state has jurisdiction to prevent piracy and to seize and punish persons and to seize and dispose of property because of piracy. This jurisdiction is defined and limited by this convention." The definition of piracy was adopted from the Geneva Convention unto the UNCLOS definition of Piracy verbatim. == Defining piracy ==

The 1982 United Nations Convention on the Law of the Sea defines in Article 101 (Definition of Piracy): Violent acts in the territorial sea are armed robbery under the law of the International Maritime Organization. Ships have been captured off the coast of Somalia and crews held for ransom since the 1990s, with armed groups in the territorial sea and the government unable to enforce the law. The United Nations Security Council Resolution 1816 on Piracy in Somalia provided an exception, that piracy could occur in the Territorial Sea of Somalia. This allowed states to cooperate with the Transitional Federal Government of Somalia in order to suppress piracy. Two-ship requirement The condition in Article 101(a)(i) UNCLOS definition is known as the “two-ship” requirement. Although there was extreme violence this did not meet the UNCLOS piracy definition of motivation (mens rea) for “private ends”. Although there was violence on board the ship, because there were not 'two ships' this could not be seen as piracy. The 1988 SUA Convention and its 2005 Protocol are United Nations treaties. In the 1986 case Castle John v. NV Mabeco, the court ruled that a Greenpeace vessel committed piracy in acts against a Dutch Vessel, which was discharging waste at sea. == Other measures against piracy ==

UNSC resolutions The collapse of the Somali State in the 1990s opened the region to illegal, unreported and unregulated fishing (IUU), as well as the unregulated disposal of toxic waste by rich States. Somalia Pirates claim that they take to the seas in order to protect pillaged local resources, and in response to lost income. Soft law The Contact Group on Piracy of the Coast of Somalia (CGPCS) brings together States and International organisations, aiming for a holistic response to the root causes of piracy. Coordination between international naval operations, defensive actions of the shipping industry and agreements such as the CGPCS and the DCoC have contributed to repressing piracy and armed robbery. Three regional agreements to combat piracy are the DCoC, the Regional Cooperation Agreement on Combatting Piracy and armed Robbery against Ships in Asia (ReCAAP) and The Yaounde Code of Conduct (YCoC). For centuries Lloyd's of London has offered marine insurance and underwritten piracy risk. From 2005 Piracy has been managed by the marine war branch of Lloyd's, the Joint War Committee (JWC). Lloyd's insurance of piracy is a governance mechanism. == Law of kidnap and ransom ==

The 1979 Hostages Convention is an international treaty against the taking of hostages. The 1998 SUA Convention and its 2005 Protocol similarly address acts of terrorism. The offence of hostage taking is the seizure and detention and threat to kill, injure and detain a hostage. Under the 1988 SUA Convention it is an offence to seize control of a ship by force and act with violence against a person on the ship. These three conventions apply to piracy off Somalia, as there is intention to hold the crew hostage for ransom and to seize a ship violently. State parties must take offenders into custody for trial or extradition, but this is only allowed in the territorial sea. Pirates seized in the territorial sea of Somalia can be delivered to Kenya for trial and prosecution under the transfer rules of the SUA Convention. Any persons assisting or accomplance to an offence, under the SUA Convention, of seizing a ship can be prosecuted. The UNCLOS definition of piracy in Article 101 indicates that conspiracy to, or aiding and abetting piracy could be prosecuted. There are very few cases of prosecution on the grounds of aiding piracy. == References ==