International Law: Piracy, Law of the Sea, and Use of Force Essay

3499 Words 14 Pages
This paper will answer the four questions presented below:
1. What is the jurisdiction of the International Criminal Court over piracy?
2. To what extent may European nations claim jurisdiction over acts of piracy committed off the Horn of Africa?
3. What international law enforcement co-operation mechanisms exist to assist in the investigation and prosecution of piracy committed in waters off the Horn of piracy? How these mechanisms assist in the investigation and prosecution of piracy?
4. What barriers to successful prosecution of Somalia piracy exist?

What is the jurisdiction of the International Criminal Court over piracy? Explain your answer.

Piracy becomes one of significant matters across regional, because the menace
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Firstly, International Criminal Court (ICC) established under the Rome Statue (combined with a co-operation from 114 nation’s ratified and 35 nations still in progress ). Under Rome Statue Article 5 states that ‘The Court has jurisdiction in accordance with this Statute with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; (d) The crime of aggression.’ It can be seen that ICC has jurisdiction over serious crimes which effect humankind in a wide length but not in piracy acts. Further, the crimes which are defined in Article 5 will be exercised by ICC’s jurisdiction under Article 12 if the crimes ‘(1) occurred within the territory of a state party; (2) occurred on board a vessel registered to a state party; or (3) was committed by a national of a state party. Under both Article 5 and 12, the states which face serious crime can claim their self-defence through ICC for legal proceeding. However, Rome statue does not include the definition of piracy in Article 5 which ICC needs to interpret piracy acts as ‘War crime’ definition. For example, the case of Danica White vessel (Denmark is member of ICC) was attacked by Somalia pirates, vessel took controlled, crews were held hostage and both hostages and vessel were sailed into Somalia seaside. Somalia piracy can be conducted under ICC’s
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