Academic journal article Case Western Reserve Journal of International Law

Moving from Crisis Management to a Sustainable Solution for Somali Piracy: Selected Initiatives and the Role of International Law

Academic journal article Case Western Reserve Journal of International Law

Moving from Crisis Management to a Sustainable Solution for Somali Piracy: Selected Initiatives and the Role of International Law

Article excerpt

Since 2012 a sharp decline in Somali piracy has occurred, primarily due to proactive naval actions from many countries and the shipping industry's preventive measures by implementing best management practices and the employment of private armed guards. In addition, numerous international organizations have been actively engaged in the complex process of combating piracy. But the underlying causes of piracy--such as poverty and unemployment among youth, coupled with the political, economic, and security problems in Somalia--persist. Hence, maritime piracy continues to be a global nuisance. Several states and international organizations are also engaged in the prosecution of pirates, which is an immense logistical and legal challenge, especially the prosecution of pirate leaders and financiers of piracy groups who constitute part of the land-based criminal networks and reside outside Somalia. The ongoing regulation of private maritime security companies by international, national, and non-governmental entities also presents an equally important challenge, as the security companies aspire to meet the twin objectives of ensuring the effective provision of maritime security and protecting the lives of innocent civilians who might be mistaken for pirates or otherwise get caught in the crossfire. As cost-effective suppression at sea continues, the transition must be to a sustainable solution on shore that can be accomplished with capacity-building measures. These include creating economic opportunities within Somalia and enhancing the rule of law along the Somali coastline. Otherwise, the hard-fought gains made to date could be reversed.

CONTENTS

I.   INTRODUCTION
II.  THE NATURE AND SCOPE OF THE MENACE OF PIRACY:
     CURRENT TRENDS
III. THE ROLE OF INTERNATIONAL ORGANIZATIONS
     A. The U.N. Secretary-General and Security Council
     B. International Maritime Organization
     C. North Atlantic Treaty Organization
     D. European Union
     E. The Contact Group on Piracy off the Coast of Somalia
     F. Combined Task Force 151
     G. United Nations Office on Drugs and Crime
IV.  THE UNITED STATES' RESPONSE TO PIRACY
V.   THE REGULATION OF PRIVATE MARITIME SECURITY COMPANIES
     A. Ongoing Regulatory Efforts in the Private Maritime Security
        Industry
        1. National regulation
        2. International regulation
        3. Nongovernmental regulation
     B. Criminal Jurisdiction at Sea and the Case of Mistaken Identity
        1. Criminal jurisdiction at sea
        2. Criminal law in a case of mistaken identity at sea
VI.  ESTABLISHING SOMALIA'S EXCLUSIVE ECONOMIC ZONE
     A. The Legal Character of the Exclusive Economic Zone
     B. The Status of Somalia's Exclusive Economic Zone
VII. APPLICABLE LEGAL FRAMEWORK
VIII. RECOMMENDATIONS
IX.  CONCLUSION

I. INTRODUCTION

Notwithstanding a sharp decline in Somali piracy since 2012, maritime piracy continues to be an ongoing global threat to international navigation, trade, and maritime and regional security. Efforts to combat this menace include concerted action by several international organizations, including the United Nations (U.N.), North Atlantic Treaty Organization (NATO), European Union (EU), African Union (AU), and the League of Arab States. More than forty countries are also involved in undertaking operations on their own or through the following coalitions: the European Union Naval Force Somalia through Operation Atalanta, the Standing Naval Group of NATO through Operation Ocean Shield, and the Combined Task Force 151.

In 2009, the Contact Group on Piracy off the Coast of Somalia (CGPCS) was established to coordinate several international organizations and countries engaged in preventing piracy. A number of other international, regional, and national initiatives, such as the Djibouti Code of Conduct Concerning the Repression of Piracy and Armed Robbery Against Ships in the Western Indian Ocean and the Gulf of Aden ("Djibouti Code of Conduct"), and the Indian Ocean Commission Anti-Piracy Partnership Program, also complement the international efforts. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.