International Law: Piracy, Law of the Sea, and Use of Force

This paper will answer the four questions presented below:

1. What is the jurisdiction of the International Criminal Court over piracy?

2. To what extent may European nations claim jurisdiction over acts of piracy committed off the Horn of Africa?

3. What international law enforcement co-operation mechanisms exist to assist in the investigation and prosecution of piracy committed in waters off the Horn of piracy? How these mechanisms assist in the investigation and prosecution of piracy?

4. What barriers to successful prosecution of Somalia piracy exist?

What is the jurisdiction of the International Criminal Court over piracy? Explain your answer.

Piracy becomes one of significant matters across regional, because the menace of piracy attack, especially in the hot spot area as the Horn of Africa is still going up and causes a plenty of loss. As piracy acts as universal crime, so that universal jurisdiction must be adapted to combat against piracy. Although, international community attempts to cope with this issue by establishing mutual-operation, but the final step is to bring pirates into legal proceeding. Some other countries seem to have a limit within their own jurisdiction, so that piracy cases may not be prosecuted after they were captured. Some countries may reluctant to participate in this content as same as reluctant to co-operate with international community. Hence, the establishment of international court which can take responsible on this matter will be an extra option to solve a problem. International criminal court is one of another option that may reduce the conflicts in the case of piracy. The jurisdiction of the International Criminal Court can be explained under the Rome of Statue which provides a p...

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...nal of International Law

Rome Statue of International Criminal Court, opened for signature 17 July 1998, A/CONF.183/9 (entered into force 1 July 2002)

Totten, Christopher & Bernal, Matthew, ‘Somali Piracy: Jurisdictional Issues, Enforcement Problems and Potential Solutions’ (2010) 41(2) Georgetown Journal of International Law

Thedwwall, Craig, ‘Choosing the Right Yardarm: Establishing an International Court for Piracy’ (2010) 41(2) Georgetown Journal of International Law

Treves, Tullio, ‘Piracy, Law of the Sea, and Use of Force: Developments off the Coast of Somalia’ (2009) 20(2) The European Journal of International Law

Very, Francois, ‘African maritime Security: A Time for Good Order at Sea’ (2010) 2(4) Australian Journal of Maritime and Ocean Affairs

http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-10&chapter=18&lang=en