In order to fight piracy and armed robbery off the coast of Somalia, the international community engaged in an unprecedented joint naval effort. The article examines the legal basis and applicable law of the multinational police missions operating in the high seas off the coast of Somalia and in the territorial and internal waters of the country; it discusses the scope of domestic criminal jurisdiction to try Somali pirates and armed robbers and the modalities of transfer of suspected pirates to the authorities of the State in which they will be tried. The responsibility of States and international organizations involved in the operations for violations of international law eventually perpetrated therein is also assessed. Stressing the peculiarity of the Somali case and highlighting the achievements, but also the shortcomings, of the counter-piracy multinational operations authorised by the UN Security Council, the A. argues that the «Somali strategy» is unlikely to be replicated in other contexts, and is particularly unsuitable for the new top piracy and armed robbery hotbeds: the Gulf of Guinea and Indonesia.
L’azione internazionale per il contrasto alla pirateria e alla rapina a mano armata al largo delle coste somale
ANNONI, Alessandra
2014
Abstract
In order to fight piracy and armed robbery off the coast of Somalia, the international community engaged in an unprecedented joint naval effort. The article examines the legal basis and applicable law of the multinational police missions operating in the high seas off the coast of Somalia and in the territorial and internal waters of the country; it discusses the scope of domestic criminal jurisdiction to try Somali pirates and armed robbers and the modalities of transfer of suspected pirates to the authorities of the State in which they will be tried. The responsibility of States and international organizations involved in the operations for violations of international law eventually perpetrated therein is also assessed. Stressing the peculiarity of the Somali case and highlighting the achievements, but also the shortcomings, of the counter-piracy multinational operations authorised by the UN Security Council, the A. argues that the «Somali strategy» is unlikely to be replicated in other contexts, and is particularly unsuitable for the new top piracy and armed robbery hotbeds: the Gulf of Guinea and Indonesia.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
