Prosecution of Piracy at Sea. Hindrances and Solutions

      Аннотация: This study demonstrates that, notwithstanding the various existing pitfalls within the international legal framework of piracy, the reason for the existence of hindrances in relation to the prosecution of piracy at sea is due to the lack of political will to prosecute acts of piracy committed on the high seas. In addition, this study scrutinises and criticizes in a constructive manner the core provisions enshrined in the different international conventions and agreements vis-?-vis the prosecution of maritime piracy. As a conclusion to this study, the author elaborates upon the idea that, although there have been recent developments in the law of the sea in relation to crimes on the high seas and in territorial waters, the eradication of piracy will only occur when the international community establishes a new tribunal capable of prosecuting pirates in a consistent manner. In the author?s opinion, such a tribunal should exist within the International Criminal Court, and be created via a new protocol to the Rome Statue of 1998.

Ключевые слова: Armed Robbery, Piracy, pirates, Pitfall, Prosecution, Somalia, hindrance, private end requirement, solutions for the prosecution of pirates, piracy legal problems, Transfer Agreement, Shiprider, High seas piracy, UNCLOS piracy, SUA piracy, Convention on the High Seas piracy.