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

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Disposition of Pirates multiple options? ... render assistance by providing disposition assistance, including with respect to ... – PowerPoint PPT presentation

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


1
Piracy off the Coast of Somalia the Legal
Challenges in an Operational Context
2

PIC INTSUM Mar/Apr/May
Legend
Pirated
Activity in MAR
Attack
Activity in APR
Approach
Activity in MAY
RESTREINT UE
Disrupted by Mil Forces
3
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

4
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.

5
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

6
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

7
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

8
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

9
Enabling Cooperation
  • Regulation of cooperation through MOU /Agreement
  • Standard Provisions
  • ECHR
  • ICCPR human rights standards

10
Questions
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