Piracy and Armed Robbery at Sea Causes of Piracy &Counter-Strategies Prof. Dr. Robin Geiß, LL.M. (NYU) Addis Ababa 9 May 2012

Areas most affected by piracy 1. East Africa 2. South China Sea 3. Indian Ocean 4. West Africa 5. South America 6. Carribbean

Facts & Figures 2006 – 31 reported incidents 2006 – 31 reported incidents 2007 – 60 reported incidents 2007 – 60 reported incidents 2008 – 136 reported incidents 2008 – 136 reported incidents 2009 – 222 reported incidents 2009 – 222 reported incidents 2010 – 172 reported incidents (29 %) 2010 – 172 reported incidents (29 %) 2011 – 223 reported incidents (11 %) 2011 – 223 reported incidents (11 %)

Causes of Piracy Security Council Resolution 2020 “Recognizes that the ongoing instability in Somalia is one of the underlying causes of the problem of piracy and contributes to the problem of piracy and armed robbery at sea off the coast of Somalia”

Causes of Piracy Illegal fishing in Somalia‘s territorial waters Illegal fishing in Somalia‘s territorial waters Illegal dumping of (toxic) waste Illegal dumping of (toxic) waste lack of enforcement of the arms embargo lack of enforcement of the arms embargo Instability within Somalia Instability within Somalia Lack of effective governmentLack of effective government Lack of economic opportunitiesLack of economic opportunities Source of revenue Source of revenue

Effects of Piracy Threat to the safe delivery of humanitarian aid Threat to the safe delivery of humanitarian aid Safety of seafarers and other persons Safety of seafarers and other persons Safety of international navigation Safety of international navigation Safety of commercial maritime routes Safety of commercial maritime routes „Piracy is both a symptom and a cause of instability“ „Piracy is both a symptom and a cause of instability“

Efforts to Counter Piracy Multilateral Operations Multilateral Operations EU Operation AtalantaEU Operation Atalanta NATO Operation „Ocean Shield“NATO Operation „Ocean Shield“ Combined-Task-Force 151Combined-Task-Force 151 Regional Approaches Regional Approaches Djibouti Code of ConductDjibouti Code of Conduct Private Security Providers Private Security Providers

Efforts to Counter Piracy Multilateral Operations Multilateral Operations EU Operation AtalantaEU Operation Atalanta NATO Operation „Ocean Shield“NATO Operation „Ocean Shield“ Combined-Task-Force 151Combined-Task-Force 151 Regional Approaches Regional Approaches Djibouti Code of ConductDjibouti Code of Conduct Private Security Providers Private Security Providers

What measures are States allowed to take? Against Whom? Where? UNCLOS UNCLOS Articles 110, 105 UNCLOSArticles 110, 105 UNCLOS Articles 107, 103 UNCLOSArticles 107, 103 UNCLOS Article 101 UNCLOSArticle 101 UNCLOS Security Council Resolutions Security Council Resolutions SC Res (2008) SC Res (2008) SC Res (2008) SC Res (2008) SC Res (2009)SC Res (2009) SC Res (2010)SC Res (2010) SC. Res (2011)SC. Res (2011)

What measures are States allowed to take? Against Whom? Where? On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship … and arrest the persons and seize the property on board. Article 105 (1) UNCLOS

Article 101 UNCLOS: Definition of piracy Piracy consists of any of the following acts: any illegal act s of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship…, and directed: (i) on the high seas, against another ship, or against persons or property on board such ship

The High Seas (UNCLOS) The High Seas (UNCLOS) Somalia's Territorial Waters (SC Res. 1846) Somalia's Territorial Waters (SC Res. 1846) Somalia's Mainland (SC Res. 1851) Somalia's Mainland (SC Res. 1851)

Legal Constraints Law of the Sea (UNCLOS) Law of the Sea (UNCLOS) Human Rights Law Human Rights Law International Humanitarian Law (IHL) International Humanitarian Law (IHL)

Multinational Law Enforcement and Sea Piracy Effective Control?

Private Security Service Providers Domestic Regulation Domestic Regulation Criminal Law / Self-DefenseCriminal Law / Self-Defense Weapon LawsWeapon Laws Security Service RegulationsSecurity Service Regulations International Regulation International Regulation Additional Protocol I (1977)Additional Protocol I (1977) Montreux Document on PMCs / PSCs (2008)Montreux Document on PMCs / PSCs (2008) International Code of Conduct (2010)International Code of Conduct (2010) HRC – Open-ended Working Group…HRC – Open-ended Working Group…

Private Security Service Providers Flag State Jurisdiction Flag State Jurisdiction Article 92 UNCLOSArticle 92 UNCLOS Coastal State Jurisdiction Coastal State Jurisdiction Article 19 UNCLOS (“innocent passage”)Article 19 UNCLOS (“innocent passage”) Article 27 UNCLOS (Crimes on board)Article 27 UNCLOS (Crimes on board) State PracticeState Practice Port State Jurisdiction Port State Jurisdiction

Detention, Transfers, Prosecution Arrest Arrest Legal BasisLegal Basis Detention Detention „promptly before a judge“„promptly before a judge“ Transfers Transfers Transfer-/ Shiprider-AgreementsTransfer-/ Shiprider-Agreements The Principle of Non-refoulementThe Principle of Non-refoulement Criminal Prosecution Criminal Prosecution Adjudicative JurisdictionAdjudicative Jurisdiction

Prosecuting Piracy Security Council Resolution 2020 “reiterating its concern over a large number of persons suspected of piracy having to be released without facing justice”

Prosecuting Piracy Institutional Options International Options International Options International Criminal Court (ICC)International Criminal Court (ICC) Special Chamber (UNCLOS)Special Chamber (UNCLOS) Ad hoc Special TribunalAd hoc Special Tribunal A hybrid modelA hybrid model Regional Options Regional Options Regional Domestic CourtsRegional Domestic Courts Specialized Piracy ChambersSpecialized Piracy Chambers

The Globalization of Crime Drug Trafficking Drug Trafficking Arms Trade Arms Trade Piracy Piracy International Terrorism International Terrorism Cybercrime Cybercrime Money Laundering Money Laundering

Concluding Observations States are resolved but reluctant States are resolved but reluctant Piracy in the Gulf of Aden Piracy in the Gulf of Aden cannot be reduced to a criminal justice issue. cannot be reduced to a criminal justice issue. cannot be resolved purely through arrests and seizures. cannot be resolved purely through arrests and seizures. This holds true for different transnational crime phenomena This holds true for different transnational crime phenomena

Thank You!