EU sends suspected pirates to Kenya for prosecution

Thirteen suspected pirates were turned over to Kenya for prosecution.

click here for press release from EU Navfor

Why are pirates released?

Apparently the reason pirates are being released is because there are not absolute orders from "the top" to prosecute them. I could understand. If they didn't attack a ship or persons from your country, is it really your problem once you have effected the release?

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.

French capture pirates - turn over to Kenya for prosecution

The other day I wrote about the Canadians who captured pirates, only to turn around and release them. I thought this was rather pointless, but
A commented explained the reason for this

The pirates cannot be prosecuted under Canadian law because they did not attack Canadian citizens or interests and the crime was not committed on Canadian territory.

At least the French don't have this problem.

They captured pirates who were attempting to hijack a Liberian flagged tanker. The pirates (excuse me, accused pirates)are being turned over to Kenya for prosecution.

From the BBC

A French naval frigate has docked in the Kenyan port of Mombasa carrying 11 Somalis accused of piracy.

French commandos captured the men last week after an attempt to hijack a Liberian tanker.

The Somalis will be handed over to Kenyan authorities for prosecution under a special agreement with the EU.