-
Essay / International law: piracy, law of the sea and use of...
This document will answer the four questions presented below:1. What is the jurisdiction of the International Criminal Court in matters of piracy?2. To what extent can European nations claim jurisdiction over acts of piracy committed off the Horn of Africa?3. What international law enforcement cooperation mechanisms exist to facilitate the investigation and prosecution of piracy in the waters off the Horn of Piracy? How do these mechanisms contribute to the investigation and prosecution of piracy?4. What are the obstacles to pursuing piracy prosecutions in Somalia? What jurisdiction does the International Criminal Court have in matters of piracy? Explain your answer. Piracy is becoming one of the important problems regionally, as the threat of piracy attack, especially in the sensitive area of the Horn of Africa, continues to increase and causes many losses. Piracy being a universal crime, universal jurisdiction must be adapted to combat piracy. Although the international community is trying to solve this problem by establishing mutual cooperation, the last step is to take legal action against the pirates. Some other countries appear to have a limit within their own jurisdiction, so piracy cases cannot be prosecuted once they have been caught. Some countries may be reluctant to participate in this content or to cooperate with the international community. Therefore, the creation of an international court capable of taking responsibility for this matter will be an additional option to resolve the problem. The International Criminal Court is another option that can reduce conflicts in cases of piracy. The jurisdiction of the International Criminal Court can be explained within the framework of the Rome Statute which constitutes a p...... middle of paper ......nal of international lawRome Statute of the International Criminal Court, open to signature on July 17, 1998, A/CONF.183/9 (entered into force July 1, 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 Yard: Establishing an International Court Against Piracy” (2010) 41(2) Georgetown Journal of International Law Treves, Tullio, “Piracy, Law of the Sea and the Use of Force : developments off the coast of Somalia” (2009) 20(2) The European Journal of International LawVery, François, “African maritime security: 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