Max Planck Institute for Foreign and International Criminal Law, Freiburg/Germany
The Security Council has shown strong resolve to counter the pirate activities in the Gulf of Aden. Three Chapter VII-based Security Council Resolutions within the past 12 months alone, the authorization to use "all necessary means," and the proclaimed objective of a "full eradication of piracy" in the region send a clear message. Despite the Council's efforts to remedy some of the oft-lamented shortcomings of the UNCLOS enforcement regime, as far as enforcement jurisdiction is concerned, discerning precisely what States are currently allowed to do in their quest to repress piracy off Somalia's coast, as well as where and against whom, is far from easy. With regard to adjudicative jurisdiction, the picture is equally complex. UNCLOS arguably contains a jurisdictional basis in relation to adjudication, but the various Security Council Resolutions have also invoked a range of other relevant legal instruments such as the SUA and Hostage Conventions. In practice, States have been quite reluctant to initiate criminal proceedings against captured "pirates and armed robbers" and have occasionally released them on Somali shorelines. It is in this context that transfer agreements with regional States have been concluded and the Security Council has called for the use of so-called "shipriders," allowing States to bring "pirates and armed robbers at sea" directly into the criminal jurisdiction of a regional State willing to prosecute them.
It is against this background that the Max Planck Institute for Foreign and International Criminal Law is hosting an Expert Meeting on Multinational Law Enforcement and Sea Piracy, which should allow for an in-depth discussion among academics and practitioners dealing with the current legal as well as operational challenges of sea piracy.
[For the full program of the Expert Meeting, see pdf-file below.]
- Enforcement Jurisdiction & Legal Confines: The International Legal Framework , Dr. Robin Geiß, LL.M. (NYU)
- Challenges at Sea: Is the Current Legal Framework Practical? Gavin Davies, Legal Advisor, NATO
- Challenges at Sea: Is the Current Legal Framework Practical for the EU ATALANTA Operation and what are the Challenges when Using Military Means to Counter Piracy off Somalia? Commander Snowy Lintern, EU Atalanta
- Privatizing Law Enforcement: What Role Do Private Military and Security Companies Play in the Fight Against Piracy? Andy Bearpark, Director General, British Association of Private Security Companies
- Prosecution of Pirates: Shiprider Agreements, Transfers, and Adjudication, Anna Petrig (LL.M. Harvard), Researcher at the Max Planck Institute
- Prosecution in Regional States: An Overview of the Legal Framework, African Experts attending a scholarship program on sea piracy at the Max Planck Institute
- Prosecution in Regional States: Assessment of Piracy Trials Held in Kenya, N.N.
- Interpol: Role & Support of Interpol in the Prosecution of Pirates? Antonio Montanaro, Maritime Piracy "BADA" Project Manager, Interpol
- International(ized) Tribunal against Piracy - A Viable Option and Desirable Option? Prof. Schomburg, former judge at the ICTR and ICTY
- The Work of the Legal Working Group of the Contact Group on Piracy off the Coast of Somalia, Jacob Skude Rasmussen, UN Working Group on Piracy
- Which Lessons could be Learned from the RECAAP? Dr. Max Mejia, World Maritime University, Sweden
- A Harmonized Legal Framework for African States? Dr. Henri Fouché, Tshwane University, South Africa
- "Affaire Le Ponant" - The Test Case for the Applicability of the Legal Framework in Western States, Charlotte Platin, Defense Lawyer "Affaire Le Ponant"
Session 1: Enforcement Jurisdiction on Piracy
Session 2: Adjudicative Jurisdiction on Piracy
Session 3: Additional Legal Instruments for Combating Piracy?
(source: Max Planck Institute for Foreign and International Criminal Law, Freiburg/Germany)