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Looking for a jurisdiction for Somali pirates

Archibugi, Daniele and Chiarugi, M. (2011) Looking for a jurisdiction for Somali pirates. The Political Quarterly 82 (2), pp. 231-239. ISSN 0032-3179.

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Official URL: http://dx.doi.org/10.1111/j.1467-923X.2011.02193.x

Abstract

One of the surprising things about the resurgence of piracy in the Gulf of Aden is that there is not yet a clear standard of conduct when suspected pirates are eventually caught. There are many cases in which pirates have been released by the military navies that arrested them and other cases of excessive use of force. This article addresses the possibility of providing a fair trial to suspected pirates, also on the ground of new developments in establishing dedicated courts in states of the region. Judging suspected pirates presents a variety of problems associated to evidence collection, availability of witnesses and national laws to be applied. In spite of these difficulties, Western powers, which have invested so much in patrolling the Indian Ocean with their navies, have so far been unexpectedly reluctant to provide fair trials.

Item Type: Article
Keyword(s) / Subject(s): Piracy, trial, universal jurisdiction, human rights, Kenya, international law, law of the Sea
School or Research Centre: Birkbeck Schools and Research Centres > School of Business, Economics & Informatics > Management
Depositing User: Administrator
Date Deposited: 12 Aug 2011 10:59
Last Modified: 17 Apr 2013 12:21
URI: http://eprints.bbk.ac.uk/id/eprint/4042

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