ABSTRACT
Armed robberies and piracy at sea continue to be serious challenges to international maritime security, with far-reaching effects on the legal, political, and economic fronts. Understanding the legal frameworks controlling piracy and tackling the difficulties brought on by jurisdictional conflicts, a lack of enforcement, and newly emerging types of maritime crime are crucial as the world’s shipping routes are still essential for international trade. The history of piracy, its modern manifestations, the legal framework provided by international law, and the cooperative efforts of states and organisations to combat these offences are all covered in this article. It also emphasises the significance of technology and the dynamic character of marine hazards.
Keywords: International Law, Jurisdiction, Maritime Crime, UNCLOS, Armed Robbery, Maritime Security
Introduction
There are serious risks to international shipping and navigation from piracy and armed robbery at sea. These offences can be broadly divided into two categories: armed robbery, which is limited to a state’s territorial waters, and piracy, which takes place on the high seas. Armed robbery and piracy at sea are long-standing dangers that nevertheless have an impact on international maritime trade and security. The emergence of contemporary piracy emphasises how relevant this problem is even now, especially in regions like the Gulf of Aden, the Strait of Malacca, and the oceans surrounding West Africa. These illegal activities cause financial damages for the world economy, interfere with maritime lanes, and put crew members in danger. It is becoming more and more clear that a thorough legal response is required to handle the complexity of enforcement and jurisdiction.[1]
Defining piracy and armed robbery
Any unlawful acts of violence or incarceration carried out for personal gain on the high seas are classified as piracy by the United Nations Convention on the Law of the Sea (UNCLOS). On the other hand, armed robbery at sea is described by the International Maritime Organisation (IMO) in its Code of Practice as comparable activities that take place within a state’s internal and territorial waters. The United Nations Convention on the Law of the Sea (UNCLOS) defines piracy as illegal acts of violence, detention, or depredation perpetrated for private objectives by the crew or passengers of a private ship or aircraft on the high seas, against another ship or aircraft, or persons or property on board. Although it is sometimes confused with piracy, armed robbery describes similar crimes carried out inside a country’s territorial waters. Legally speaking, this distinction is significant since it influences which laws are applicable and which agencies are in charge.[2]
Historical Context
The practice of piracy is not new. From ancient civilisations, there have been historical accounts of maritime piracy, with the Mediterranean and South China Seas being common sites. Pirates like Blackbeard terrorised the Atlantic and Caribbean during the notorious “Golden Age of Piracy” in the 17th and 18th centuries. However, sociopolitical causes including state breakdown, economic inequality, and insufficient maritime governance have shaped modern-day piracy. The historical background of armed robbery and piracy at sea extends thousands of years, with the first recorded cases happening in the 14th century BC. One of the earliest instances of maritime piracy was committed by a tribe of ancient raiders known as the Sea Peoples on Aegean ships. The Mediterranean Sea was a vital commercial route where several civilisations, such as the Phoenicians, Illyrians, and Tyrrhenians, preyed on merchant vessels by using their knowledge of the region as a means of thievery.
The Viking Age is one of the most notable eras of piracy, lasting from the late eighth to the early eleventh century. Vikings plundered coastal communities throughout Europe, even venturing as far as the Mediterranean and North Africa,[3]
Their swift longships and remarkable naval prowess allowed them to execute surprise attacks that had a big effect on the trade and population in those areas. Roughly spanning the years 1650 to 1730, the Golden Age of Piracy was characterised by a sharp uptick in piracy, especially in the Caribbean and the areas of the Indian Ocean. At this time, well-known privateers like Sir Henry Morgan and pirates like Blackbeard claimed renowned for their raids on merchant ships. A complex relationship between privateering and outright piracy developed as countries started to issue letters of marque, essentially legitimising acts of piracy against enemy nations. This was fuelled by the increase in valuable cargo shipments from the New World to Europe.
As a reaction to these growing dangers, countries started establishing legislative structures meant to stop piracy. International piracy law was first anchored by the 1958 Geneva Convention on the High Seas and was subsequently reinforced by the 1982 adoption of the United Nations Convention on the Law of the Sea (UNCLOS).The United Nations Convention on the Law of the Sea (UNCLOS) established international maritime law by defining piracy and specifying the states’ jurisdiction to combat it (Articles 100–110).
Contemporary piracy has changed, employing sophisticated weapons and strategies not seen in previous eras. The persistence of this menace is demonstrated by the rise of piracy in the twenty-first century, especially in areas like the Gulf of Aden and the Strait of Malacca. Similar to past practices, modern piracy frequently entails taking over ships and holding them for ransom. However, speedboats and automatic guns are now used, indicating substantial advancements in both technology and strategy over the ages.
Thus, even while the tools and techniques of piracy have changed over time, the goals of piracy—plunder, ransom, and control—have remained constant, rendering piracy an ongoing threat to maritime security
International Legal Framework
Although UNCLOS provide the main legal foundation for preventing piracy, jurisdictional restrictions frequently make it difficult to put into practice. According to the doctrine of universal jurisdiction, pirates are regarded as “hostis humani generis” (enemies of mankind), and any state may apprehend and prosecute them. Significant barriers still exist, nevertheless, such as some jurisdiction’s lack of comprehensive legislation and their unwillingness to prosecute or punish pirates. Improving maritime security and aiding in the prosecution of pirates are important tasks performed by international operations like the European Union’s Operation Atalanta and regional organisations like the Djibouti Code of Conduct for the Western Indian Ocean and the Gulf of Aden. When it comes to combating maritime piracy and violent robbery, international legal frameworks are essential. To improve maritime security, the IMO has created resolutions and recommendations that suggest steps for governments, shipowners, and operators to take. Furthermore, for these crimes to be effectively suppressed, national and regional legislation must be established.[4]
Convention on the Law of the Sea of the United Nations, The main body of international law that governs the suppression of piracy is UNCLOS, which was approved in 1982. States’ obligations to collaborate in the fight against piracy are clearly outlined in Articles 100 through 107, which also codify the different acts that fall under this category. For example, piracy is defined as any unlawful acts of violence, detention, or depredation against another ship or aircraft on the high seas that are carried out for personal benefit by the crew or passengers of a private ship.Guidelines and best practices for the avoidance and handling of piracy and armed robbery at sea have been developed in large part thanks to the International Maritime Organisation (IMO). The company offers tools including the Global Integrated Shipping Information System (GISIS), which keeps track of pirate incidences, and the Global Counter pirate Guidance, which is intended for industry stakeholders. In crucial regions like the Gulf of Aden and the Straits of Malacca, piracy has decreased dramatically as a result of the IMO’s efforts.In addition, regional accords have been formed to supplement the international framework set by UNCLOS.
The Djibouti Code of Conduct, which was enacted in 2009 and focusses on promoting information sharing, capacity building, and cooperative operations among governments in the Western Indian Ocean and Gulf of Aden, is one noteworthy example. The Regional Cooperation Agreement on Combatting Piracy and Armed Robbery against Ships in Asia (ReCAAP), which encourages cooperation actions among Asian states to counter piracy, is another significant endeavour. Even with the all-encompassing framework that UNCLOS, the IMO, and regional accords have endorsed, there are still obstacles in the way of successfully pursuing piracy.[5]
Recent instances have brought to light discrepancies in national court’s interpretations of what constitutes piracy and jurisdictional difficulties. The necessity for coordinated actions and a single strategy is still critical as nations attempt to manage the nuances of international law and the changing nature of piracy.
In general, government’s cooperation, strong legal frameworks, and continuous adaptation to the changing nature of maritime security threats are reflected in the international legal framework against piracy.[6]
Conclusion
The international judicial system that deals with armed robbery and piracy at sea is a sophisticated, multidimensional framework created to counter an ongoing worldwide danger. The United Nations Convention on the Law of the Sea (UNCLOS), which designates piracy as a global offence and gives governments the right to act on the high seas, serves as its main pillar. The International Maritime Organisation (IMO) and other regional accords, such the Djibouti Code of Conduct, which emphasise cooperative measures and useful instructions for combatting maritime crime, further reinforce the framework. Even with this extensive legal framework, there are still several obstacles in the way of properly implementing these rules.
Different definitions of armed robbery and piracy, unclear jurisdiction, and the dynamic nature of marine threats—including cyberattacks—complicate legal responses and undermine the efficacy of current systems. It is crucial to strengthen international collaboration, improve legal definitions, and adjust to new threats in marine security in order to meet these problems. Encouraging international cooperation between governments, incorporating best practices, and committing to comprehensive strategies to address the underlying causes of piracy are essential for improving maritime safety and safeguarding the world economy that depends on safe sea routes. In conclusion, even if a strong international legal framework against piracy and armed robbery at sea has been established, successful countermeasures against these crimes in the dynamic marine environment depend on ongoing national adaptation and collaboration.
[1] Piracyandarmedrobberyagainstships, accessed on 10/09/2024
[2] < https://www.maritimeglobalsecurity.org/risksissues/piracy/ > Accessed on 9/09/2024
[3] < https://www.maritimeglobalsecurity.org/risksissues/piracy/> accessed on 23/08/2024
[4] Gerald A. Bunga,The Regulation of Piracy and Armed Robbery at Sea in International Law, (2020)
[5] Diana Chang, Piracy and the effective prosecution of the pirates, Boston College International & Comparative Law Review ,Vol. 33:273
[6] Piracy and UNCLOS: Modern Problems Require Modern Solutions
