Prosecuting pirates will be expensive and time consuming. NATO apparently has decided to deploy ships to deter piracy, but has no policy in place to detain the pirates.
The U.S. had talks with Kenya last year regarding them accepting pirates for prosecution. Apparently there was no follow through by NATO with this initiative.
More on this subject from Edward White, a Florida Bar Board Certified attorney in Admiralty Law
Somali piracy: A seagoing anomaly in maritime law
04/27/2009
Obviously the problem of the current Somali pirates is complicated by NATO policy. It is further complicated by the fact of multiple jurisdictional aspect of international shipping. It is common for vessels to be flagged by countries where the licensing is easy, cheap and taxes are low, such a Liberia, Cyprus, Panama, Togo, etc. The vessel is normally owned by a corporation headquartered in another country, it is chartered by a company from another country, and the crew is made of other foreign nationals.
There are exceptions, the French have an absolute policy of deterring piracy and eliminating pirates by force. They board the hijacked vessels when they approach the coast of Somalia, a red line status. French commando units board the vessels and attack the pirates. This has of course lead to loss of life for hostages as well as the pirates. In one case the pirates escaped ashore in Somalia, and the French pursued them into the desert. There are currently 12 captured pirates in French custody being returned to France for prosecution.
1 comment:
This appears to explain the official explanation for catch-and-release treatment of pirates. But it clearly demonstrates the results of approching transnational defiance of law with narrow legalistic remedies.
The lesson to be learned here can also be valuable in dealing with piracy.
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