Prosecution of pirates under international law: in Limbo

Piracy has long posed a threat to the safety of maritime navigation and thus it is extremely essential to provide efficient deterrence through proper prosecution of the offenders. As far as international law is concerned, perpetrators of piracy are prosecuted under the domestic laws and before the d...

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Main Authors:	Ahmed, Md Hassan@Kyaw Hla Win, Hamid, Abdul Ghafur@Khin Maung Sein, Ali Mohamed, Ashgar Ali
Format:	Article
Language:	English
Published:	LexisNexis 2014
Subjects:	KZ Law of Nations
Online Access:	http://irep.iium.edu.my/39572/ http://irep.iium.edu.my/39572/ http://irep.iium.edu.my/39572/1/Prosecution_of_Pirates_under_International_Law_%28Prof._Ghafur%29.pdf

id	iium-39572
recordtype	eprints
spelling	iium-395722018-06-19T06:43:04Z http://irep.iium.edu.my/39572/ Prosecution of pirates under international law: in Limbo Ahmed, Md Hassan@Kyaw Hla Win Hamid, Abdul Ghafur@Khin Maung Sein Ali Mohamed, Ashgar Ali KZ Law of Nations Piracy has long posed a threat to the safety of maritime navigation and thus it is extremely essential to provide efficient deterrence through proper prosecution of the offenders. As far as international law is concerned, perpetrators of piracy are prosecuted under the domestic laws and before the domestic courts of State Parties. The piracy regime under the United Nations Convention on the Law of the Sea 1982 ('UNCLOS') does not stipulate any punishment and the culprits have been serving uncertain degree of punishment as sentences are varied from one jurisdiction to another. There are also some states with a lack of interest on prosecuting pirates. Therefore, this article intends to analyse the prosecution of pirates in some selected jurisdictions and suggest viable solutions to assure more appropriate trials as well as punishment for the offenders of piracy. Accordingly, it is suggested that the UNCLOS 1982 should provide some legal guidelines as to the maximum and minimum punishments for the offenders on the basis of the seriousness of the crime. In cases where a custodial state is reluctant to prosecute and punish the offenders, it should be given the option to extradite the offenders to another state which has interest in prosecution in line with the contemporary international law. When there is no state willing to prosecute and request for extradition, then the offenders should be prosecuted before the International Criminal Court ('ICC'). LexisNexis 2014-07 Article PeerReviewed application/pdf en http://irep.iium.edu.my/39572/1/Prosecution_of_Pirates_under_International_Law_%28Prof._Ghafur%29.pdf Ahmed, Md Hassan@Kyaw Hla Win and Hamid, Abdul Ghafur@Khin Maung Sein and Ali Mohamed, Ashgar Ali (2014) Prosecution of pirates under international law: in Limbo. Malayan Law Journal, 4. lxxxiv-xcvii. ISSN 0025-1283 http://www.lexisnexis.com
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KZ Law of Nations
spellingShingle	KZ Law of Nations Ahmed, Md Hassan@Kyaw Hla Win Hamid, Abdul Ghafur@Khin Maung Sein Ali Mohamed, Ashgar Ali Prosecution of pirates under international law: in Limbo
description	Piracy has long posed a threat to the safety of maritime navigation and thus it is extremely essential to provide efficient deterrence through proper prosecution of the offenders. As far as international law is concerned, perpetrators of piracy are prosecuted under the domestic laws and before the domestic courts of State Parties. The piracy regime under the United Nations Convention on the Law of the Sea 1982 ('UNCLOS') does not stipulate any punishment and the culprits have been serving uncertain degree of punishment as sentences are varied from one jurisdiction to another. There are also some states with a lack of interest on prosecuting pirates. Therefore, this article intends to analyse the prosecution of pirates in some selected jurisdictions and suggest viable solutions to assure more appropriate trials as well as punishment for the offenders of piracy. Accordingly, it is suggested that the UNCLOS 1982 should provide some legal guidelines as to the maximum and minimum punishments for the offenders on the basis of the seriousness of the crime. In cases where a custodial state is reluctant to prosecute and punish the offenders, it should be given the option to extradite the offenders to another state which has interest in prosecution in line with the contemporary international law. When there is no state willing to prosecute and request for extradition, then the offenders should be prosecuted before the International Criminal Court ('ICC').
format	Article
author	Ahmed, Md Hassan@Kyaw Hla Win Hamid, Abdul Ghafur@Khin Maung Sein Ali Mohamed, Ashgar Ali
author_facet	Ahmed, Md Hassan@Kyaw Hla Win Hamid, Abdul Ghafur@Khin Maung Sein Ali Mohamed, Ashgar Ali
author_sort	Ahmed, Md Hassan@Kyaw Hla Win
title	Prosecution of pirates under international law: in Limbo
title_short	Prosecution of pirates under international law: in Limbo
title_full	Prosecution of pirates under international law: in Limbo
title_fullStr	Prosecution of pirates under international law: in Limbo
title_full_unstemmed	Prosecution of pirates under international law: in Limbo
title_sort	prosecution of pirates under international law: in limbo
publisher	LexisNexis
publishDate	2014
url	http://irep.iium.edu.my/39572/ http://irep.iium.edu.my/39572/ http://irep.iium.edu.my/39572/1/Prosecution_of_Pirates_under_International_Law_%28Prof._Ghafur%29.pdf
first_indexed	2023-09-18T20:56:53Z
last_indexed	2023-09-18T20:56:53Z
_version_	1777410363177828352

Prosecution of pirates under international law: in Limbo

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