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Sharing the piracy prosecution burden: problems and opportunities

Klaas Willaert (UGent)
Author
Organization
Abstract
The current piracy prosecution model is a fine example of outsourcing: Western countries dealing with pirate suspects often leave the prosecution and punishment of these individuals to local countries and only take up responsibility in very exceptional cases. The great dependence on these regional states and the reluctance of other countries however give rise to problems and seem to jeopardize the traditional perception of pirates as 'enemies of all mankind', who should be fought by the entire international community. Both at the national and international level, this article exposes the ongoing problems and evaluates which measures can be taken to restore the balance and involve more countries in piracy prosecution. It appears that the universal jurisdiction linked to piracy offences is sometimes more of a curse than a blessing, which is why a shift of the primary prosecution responsibility to the flag state of the attacked ship is worth at least some consideration.
Keywords
piracy, prosecution and punishment, international crime, universal jurisdiction

Citation

Please use this url to cite or link to this publication:

Chicago
Willaert, Klaas. 2019. “Sharing the Piracy Prosecution Burden: Problems and Opportunities.” the Journal of International Maritime Law.
APA
Willaert, Klaas. (2019). Sharing the piracy prosecution burden: problems and opportunities. THE JOURNAL OF INTERNATIONAL MARITIME LAW.
Vancouver
1.
Willaert K. Sharing the piracy prosecution burden: problems and opportunities. THE JOURNAL OF INTERNATIONAL MARITIME LAW. Lawtext Publishing; 2019;
MLA
Willaert, Klaas. “Sharing the Piracy Prosecution Burden: Problems and Opportunities.” THE JOURNAL OF INTERNATIONAL MARITIME LAW (2019): n. pag. Print.
@article{8587003,
  abstract     = {The current piracy prosecution model is a fine example of outsourcing: Western countries dealing with pirate suspects often leave the prosecution and punishment of these individuals to local countries and only take up responsibility in very exceptional cases. The great dependence on these regional states and the reluctance of other countries however give rise to problems and seem to jeopardize the traditional perception of pirates as 'enemies of all mankind', who should be fought by the entire international community. Both at the national and international level, this article exposes the ongoing problems and evaluates which measures can be taken to restore the balance and involve more countries in piracy prosecution. It appears that the universal jurisdiction linked to piracy offences is sometimes more of a curse than a blessing, which is why a shift of the primary prosecution responsibility to the flag state of the attacked ship is worth at least some consideration.},
  author       = {Willaert, Klaas},
  issn         = {1478-8586},
  journal      = { THE JOURNAL OF INTERNATIONAL MARITIME LAW},
  keyword      = {piracy,prosecution and punishment,international crime,universal jurisdiction},
  language     = {eng},
  publisher    = {Lawtext Publishing},
  title        = {Sharing the piracy prosecution burden: problems and opportunities},
  year         = {2019},
}