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Piracy and Armed Robbery at SeaThe Legal Framework for Counter-Piracy Operations in Somalia and the Gulf of Aden$
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Anna Petrig and Robin Geiß

Print publication date: 2011

Print ISBN-13: 9780199609529

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199609529.001.0001

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The Criminal Prosecution of Pirates and Armed Robbers at Sea

The Criminal Prosecution of Pirates and Armed Robbers at Sea

Chapter:
(p.136) Part 4 The Criminal Prosecution of Pirates and Armed Robbers at Sea
Source:
Piracy and Armed Robbery at Sea
Author(s):

Robin Geiß

Anna Petrig

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199609529.003.0005

Part 4 focuses on the criminal prosecution of alleged pirates and armed robbers at sea. It discusses what substantive criminal norms the prosecution of acts of piracy and armed robbery at sea could be based. It attempts to distil the applicable jurisdictional basis from the complex mesh of international treaties potentially applicable to the various offenses typically committed in the context of piracy and armed robbery at sea. Thereby, it analyses whether the various counter-piracy Security Council Resolutions had an impact on the criminal prosecution of pirates and armed robbers at sea. In a next step, the different propositions and arguments as to the most suitable venue for the criminal prosecution of pirates and armed robbers at sea are then examined. For the time being, the majority of persons suspected of having committed acts of piracy or armed robbery at sea are prosecuted in regional States. The transfer of alleged offenders from States carrying out maritime enforcement operations in the Gulf of Aden and apprehending persons suspected for piracy or armed robbery at sea to regional States willing to prosecute them is a prerequisite for the commencement of any criminal proceedings. Thus, the legality of transfers of alleged pirates and armed robbers to regional States, especially in the light of the principle of non-refoulement, is a highly topical issue in the present context.

Keywords:   pirates, armed robbers, piracy, armed robbery, international treaties, Security Council resolutions, criminal prosecution, transfers, non-refoulement

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