LESSON FROM SOMALIA: A SPECIAL MODEL OF HANDLING PIRACY JURE GENTIUM AND ARMED ROBBERY AT SEA
DOI:
https://doi.org/10.25123/vej.v5i2.3231Abstract
In this article, the author discusses the issues pertaining to piracy jure gentium and armed robbery at sea. Focus shall be given on the incidence of both crimes occurring offshore Somalia during a certain time period. It is noted that Somalia is unable or unwilling to enforce its law to protect international (commercial) shipping passing through its waters. This inability to enforce the law has been the primary reason, Somalia was forced to seek legal assistance from the international community. By taking lessons from Somalia and comparing these two crimes, the author seeks to propose a model of how to tackle the problem at hand. To be discussed and analysed is a number of United Nations Security Council Resolutions which provide the international community with a guideline how to handle both crimes.
References
References
Books:
Böll Stiftung, Heinrich, Somalia: Current Conflicts and New Chances for State Building, Volume 6, Heinrich Böll Foundation, Berlin, 2008;
Dutton, Yvonne M, Bringing Pirates To Justice: A Case For Including Piracy Within The Jurisdiction of The International Criminal Court, One Earth Future Foundation, 2010;
Karaska, James, Contemporary Maritime Piracy: International Law, Strategy, and Diplomacy, Praeger, Santa Barbara, California, 2011;
Percy, Sarah and Sortland Anja, The Business of Piracy In Somalia, DIW, Berlin, 2011;
Tamburaka Apriadi, 47 Hari Dalam Sandera Perompak Somalia, Drama Upaya Pembebasan Kapal dan ABK MV.Sinar Kudus, Cakrawala, Godean, Yogyakarta, 2011;
Journals and Magazines:
Abeyratne, Ruwantissa, The use of Armed Guard on Board Merchant Vessels, Journal of Transportation Security, Vol.5, Issue 2, June 2012;
Anonymous, United States Participation in International Efforts to Combat Piracy The American Journal of International Law, Vol. 103, Iss.4, October 2009;
Garrod, Mattew, Unraveling the Confused Relationship Between Treaty Obligations to Extradite or Prosecute and Universal Jurisdiction, Volume 59, Iss.1, Harvard International Law Journal, Winter 2018;
Guilfoyle, Douglas, Counter-Piracy Law Enforcement and Human Rights, Vol.59, Iss.1, The international and Comparative Law Quarterly; Oxford, January 2010;
Joyner, Christoper, Navigating Troubled Waters: Somalia, Piracy, and Maritime Terrorism, Vol. 10, Iss.2, Georgetown Journal of International Affairs; Washington, Summer 2009;
Lansing, Paul and Petersen Michael, Ship-Owners and the Twenty-First Century Somali Pirate: The Business Ethics of Ransom Payment, Vol.102, Iss.3, Journal of Bussiness Ethics, September 2011;
Roach, J Ashley, Countering Piracy Off Somalia: International Law and International Institutions, The American Journal Of International Law, Vol.104, Issue 3, July 2010;
Teguh Widodo, Pelajaran Berharga Dari Peristiwa Pembajakan MV Sinar Kudus, Dharma Wiratama, Edisi DW/151, 2011;
Treves, Tullio, Piracy, Law of The Sea, And Use of Force: Developments Off The Coast Of Somalia, Vol.20 (2), The European Journal of International Law, 2009;
Warbrick, Colin et all, Piracy Off Somalia: Un Security Council Resolution 1816 And Imo Regional Counter-Piracy Efforts, Vol.57, Iss.3, P.691, The International and Comparative Law Quarterly;Oxford, July 2008.
Warner, Lesley Anne, Pieces of Eight: An Appraisal of U.S. Counter Piracy Options in the Horn of Africa, Vol.63, Iss.2, Naval War College Review: Washington, Spring 2010;
Warner, Lesley Anne, In Somalia, Kenya Risks Death by a Thousand Cuts, Vol.3, Iss.3, Prism : a Journal of the Center for Complex Operations; Washington, June 2012;
Weldemichael, Awet Tewelde, Crimes Within Crimes in Somalia: double- dealing Pirates, fraudulent Negotiators, duplicitous Intermediaries and Treacherous Illegal Fishers, Vol. 6, Iss. 1, Journal of Territorial and Maritime Studies;Seoul. 2019;
Primary Legal Sources:
United Nation Security Council Resolution 1816 (2008). United Nations, 2008, “Security Council, Resolution 1816 (2008) Adopted by the Security Council at its 5902nd meeting on 2 June 2008 “, [online] http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N08/361/77/PDF/N0836177.pdf?OpenElement, (accessed on 29th of March 2012);
United Nation Security Council Resolution 1838 (2008) United Nations, 2008, “Security Council, Resolution 1838 (2008) Adopted by the Security Council at its 5987th meeting, on 7 October 2008”, [online] http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N08/538/84/PDF/N0853884.pdf? (accessed on 29th of March 2012);
United Nation Security Council Resolution 1846 (2008), United Nations, 2008, “Security Council, Resolution 1846 (2008) Adopted by the Security Council at its 6026th meeting, on 2 December 2008”, [online] http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N08/630/29/PDF/N0863029.pdf?OpenElement, (accessed on 29th of March 2012);
United Nation Security Council Resolution 1851(2008), United Nations, 2008, “Security Council, Resolution 1851 (2008) Adopted by the Security Council at its 6046th meeting, on 16 December 2008”, [online] http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N08/655/01/PDF/N0865501.pdf?OpenElement, (accessed on 29th of March 2012);
United Nation Security Council Resolution 1897 (2009), United Nations, 2009, “Security Council, Resolution 1897 (2009) Adopted by the Security Council at its 6226th meeting, on 30 November 2009”, [online] http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N09/624/65/PDF/N0962465.pdf?OpenElement, (accessed on 29th of March 2012);
United Nation Security Council Resolution 1918 (2010), United Nations, 2010, “Security Council, Resolution 1918 (2010) Adopted by the Security Council at its 6301st meeting, on 27 April 2010“, [online] http://daccess-dds- ny.un.org/doc/UNDOC/GEN/N10/331/39/PDF/N1033139.pdf?OpenElement, (accessed on 29th of March 2012);
United Nation Security Council Resolution 1950 (2010), United Nations, 2010, “Security Council, Resolution 1950 (2010) Adopted by the Security Council at its 6429th meeting, on 23 November 2010“, [online] http://daccess-dds- ny.un.org/doc/UNDOC/GEN/N10/649/02/PDF/N1064902.pdf?OpenElement, (accessed on 29th of March 2012);
United Nation Security Council Resolution 2015 (2011) ¬United Nations, 2011, “Security Council, Resolution 2015 (2011) Adopted by the Security Council at its 6635th meeting, on 24 October 2011“, [online] http://daccess- ddsny.un.org/doc/UNDOC/GEN/N11/561/03/PDF/N1156103.pdf?OpenElement (accessed on 29th of March 2012);
United Nation Security Council Resolution 2020 (2011), United Nations, 2011, “Security Council, Resolution 2020 (2011) Adopted by the Security Council at its 6663rd meeting, on 22 November 2011”, [online] http://daccess-dds- ny.un.org/doc/UNDOC/GEN/N11/604/21/PDF/N1160421.pdf?OpenElement, (accessed on 29th of March 2012);
Others:
Bowden, Anna, et all, The Economic Cost of Maritime Piracy, One Earth Future Working Paper, 2010 [online]http://oceansbeyondpiracy.org/sites/default/files/documents_old/The_Economic_Cost_of_Piracy_Full_Report.pdf (accessed on 21st January 2011);
Floyd, Kathryn H, Somalia’s Stability and Security Situation in Review, International Centre For Political Violence and Terrorism Research, 2010 [online] http://www.pvtr.org/pdf/Report/Somalia%27sStabilityandSecuritySituationinReview.pdf (accessed on 24th of February 2012);
International Expert Group on Piracy Off The Somali Coast, “Piracy Off The Somali Coast”, [online] http://www.asil.org/files/somaliapiracyintlexpertsreoprtconsolidates1.pdf (accessed on 26th of January 2012);
International Maritime Bureau, Piracy dan Armed Robbery Against Ships, Annual Report, Period of 1 January 2011 – 31 December 2011;
Kamola, Isac, Capitalism At Sea: Piracy and ‘State Failure’ in The Gulf of Aden;
Somali pirates receive record ransom for ships' release, 2010 [online] http://www.bbc.co.uk/news/world-africa-11704306, (accessed on 3rd February 2012);
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