Tag Archives: Piracy

2016

The Practice of Shared Responsibility in relation to Piracy

Efthymios Papastavridis

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2014

Responsibility for Human Rights Violations Arising from the Use of Privately Contracted Armed Security Personnel against Piracy. Re-Emphasizing the Primary Role and Obligations of Flag States

Jessica N.M. Schechinger

Maritime piracy is an ancient problem that harms, either directly or indirectly, many states as well as non-state actors. Although the law on piracy seems in principle adequately equipped to deal with the problem, states have not been able to … Read more

17 November 2014

UNSC calls on member states to fight against piracy off the coast of Somalia

On 12 November the United Nations Security Council adopted a resolution renewing its call on states and regional organisations to adopt counter-piracy measures off the coast of Somalia. Acting under Chapter VII of the UN Charter, the Security Council reaffirmed its condemnation of piracy and robbery and called on the international community to intensify efforts in fighting a “threat to the East African country’s stability” through the provision a military presence, and seizing and disposing of vessels, arms and related equipment. (more…)

Source: UN News Centre | Somalia: Security Council urges Member States to strengthen efforts against piracy

19 October 2012

Hamburg court holds 10 Somali pirates responsable

After two years of difficult proceedings, a German Court in Hamburg held 10 Somali nationals responsible for extortionate kidnapping and attacking sea transportation under German criminal law. The Somalis had hijacked the German freighter Taipan in 2010, which was freed by Dutch special forces. The process raises questions as to the appropriate legal framework to address issues of modern piracy.

Source: Sky News | Germany convicts seven Somali pirates
Source: Der Spiegel | Urteil im Hamburger Piratenprozess

9 December 2011

German court finds the transfer of Somali pirates to Kenya to be in violation of Germany’s obligations under international law

On 11 November 2011 a German administrative court in Cologne decided that Germany violated the prohibition of torture, inhuman and degrading treatment (Articles 3 ECHR and 7 ICCPR) by transferring Somali pirates captured by the German fregate “Rheinland-Pfalz” in the framework of the EU anti-piracy mission ATALANTA to Kenya. The German court rejected two other claims by plaintiffs that the capture and detention on the “Rheinland-Pfalz” were in violation of international and German constitutional law.

Decision (in German): link

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