They’re Back: Why Can’t International Law Stop Pirates? David Davenport Crystal Serenity February, 2011
Modern Pirates
New Targets
2010 A Record Year 53 ships taken 1181 hostages and 8 killed Up 10% from 2009
Somalis Alone Have…… 28 ships 638 hostages Lawless region allows base of operation (history of anti-dumping becoming piracy)
International Law
Very Different from National Law
International “Law” More Like “Norms”
Universal Jurisdiction
Universal Jurisdiction Belgium—Tried to become the world’s courtroom Spain—Bush Admin. Officials over Guantanamo Norway—War crimes against Israel
Universal Jurisdiction
Why Isn’t Intl. Law Working Against Pirates?
Legal Problems
Practical Problems
Practical Problems
Ransoms Ransoms in 2010 averaged $5.4 million Total ransoms paid in
Requires 4 things to tackle this: Law authorizing capture Courts to try cases Force to capture pirates Jails to hold them
Possible Approaches United Nations Clarify Law Intl Crim Court (or one national court) to try cases Regional Coast Guard to capture Clean up Somalia
They’re Back: Why Can’t International Law Stop Pirates?