Piracy off the Coast of Somalia the Legal Challenges in an Operational Context

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Piracy off the Coast of Somalia the Legal
Challenges in an Operational Context
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PIC INTSUM Mar/Apr/May
Legend
Pirated
Activity in MAR
Attack
Activity in APR
Approach
Activity in MAY
RESTREINT UE
Disrupted by Mil Forces
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Agenda

• Piracy off the coast of Somalia international
  law framework
• Challenges of getting pirates before Courts
  domestic law
• Cooperation between Warships and States
• Model 1 Transfer to Regional States, HMS
  Cumberland
• Model 2 Shipriders (Territorial Waters)
• Model 3 Shipriders/Law Enforcement
  Detachments (LEDET)
• Enabling Cooperation
• MOU/Agreement
• Assurances on Treatment

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Cooperation Model 1 Transfer from Warship to
Coastal State

• Any warship or military aircraft, or other
  clearly marked government vessel may
• Seize a pirate ship or aircraft or a ship taken
  by pirates and
• Arrest persons and seize property
• Disposition of Pirates multiple options?
• UNSCR 1846, Calls upon amongst others Coastal
  States to render assistance by providing
  disposition assistance, including with respect to
  detained persons.

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Cooperation Model 1 Transfer from Warship to
Coastal State

• Model 1 Warship gathers evidence in manner
  compatible with Coastal State laws
• Transfer evidence and suspects to coastal State
  law enforcement authorities
• Support investigation and prosecution
• Provision of witnesses (costs), technical support
• Capacity building - police, judicial

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Cooperation between Warships and States

• other models of cooperation
• Shipriders - disruption operations in
  Territorial Waters
• Authorised officer of coastal state gives
  permission to warship to chase pirates into
  territorial sea of coastal state

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Cooperation Model 2 Shipriders/ Law
Enforcement Detachments

• Model 2 Warship assists another States Law
  Enforcement Detachment (LEDET)
• Only LEDET arrest persons, seize property
• Warship can provide variety of assistance,
  including
• Transport to LEDET
• Protection of LEDET
• Logistical support and facilities

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Cooperation Model 2 Shipriders/ Law
Enforcement Detachments

• Caribbean Template
• US Coast Guard LEDET embarked on foreign warships
• Tackling narcotics trafficking by fast boats
• LEDET exercises powers provided by its own
  domestic law.
• Warship not exercising its own enforcement
  jurisdiction
• MOU regulates relationship

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Enabling Cooperation

• Regulation of cooperation through MOU /Agreement
• Standard Provisions
• ECHR
• ICCPR human rights standards

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Questions