They’re Back: Why Can’t International Law Stop Pirates?

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Presentation transcript:

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?

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