2014
Maritime piracy is an ancient problem that harms, either directly or indirectly, many states as well as non-state actors. Although the law on piracy seems in principle adequately equipped to deal with the problem, states have not been able to … Read more
17 November 2014
On 12 November the United Nations Security Council adopted a resolution renewing its call on states and regional organisations to adopt counter-piracy measures off the coast of Somalia. Acting under Chapter VII of the UN Charter, the Security Council reaffirmed its condemnation of piracy and robbery and called on the international community to intensify efforts in fighting a “threat to the East African country’s stability” through the provision a military presence, and seizing and disposing of vessels, arms and related equipment. (more…)
Source: UN News Centre | Somalia: Security Council urges Member States to strengthen efforts against piracy
19 October 2012
After two years of difficult proceedings, a German Court in Hamburg held 10 Somali nationals responsible for extortionate kidnapping and attacking sea transportation under German criminal law. The Somalis had hijacked the German freighter Taipan in 2010, which was freed by Dutch special forces. The process raises questions as to the appropriate legal framework to address issues of modern piracy.
Source: Sky News | Germany convicts seven Somali pirates
Source: Der Spiegel | Urteil im Hamburger Piratenprozess
9 December 2011
On 11 November 2011 a German administrative court in Cologne decided that Germany violated the prohibition of torture, inhuman and degrading treatment (Articles 3 ECHR and 7 ICCPR) by transferring Somali pirates captured by the German fregate “Rheinland-Pfalz” in the framework of the EU anti-piracy mission ATALANTA to Kenya. The German court rejected two other claims by plaintiffs that the capture and detention on the “Rheinland-Pfalz” were in violation of international and German constitutional law.
Decision (in German): link