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Pirate Accessory Liability – Developing A Modern Legal Regime Governing Incitement And Intentional Facilitation Of Maritime Piracy, Roger L. Phillips
Pirate Accessory Liability – Developing A Modern Legal Regime Governing Incitement And Intentional Facilitation Of Maritime Piracy, Roger L. Phillips
Roger L Phillips
Despite the exponential growth of piracy off the coast of Somalia since 2008, there have been no prosecutions of those who have profited most from ransom proceeds; that is crime bosses and pirate financiers. As U.S. courts begin to charge higher-level pirates, they must ascertain the status of customary international law as reflected in the UN Convention on the Law of the Sea. UNCLOS includes two forms of accessory liability suited to such prosecutions, but a number of ambiguities remain in the interpretation of these forms of liability. These lacunae cannot be explained by reference to the plain terms of …
On The Legal Issues (Including Human Rights) Regarding The Prosecution Of Sea Pirates; A Case Of History Repeating Itself?, Barry Dubner, Sara Fredrickson
On The Legal Issues (Including Human Rights) Regarding The Prosecution Of Sea Pirates; A Case Of History Repeating Itself?, Barry Dubner, Sara Fredrickson
Barry Dubner
The International Maritime Bureau (IMB) Piracy Reporting Centre recorded 439 incidents of piracy and armed robbery in 2011 (“armed robbery” is an unfortunate definition of “sea piracy” ) compared to 445 in 2010. Worldwide, in 2011, 45 vessels were hijacked, 176 vessels were boarded, 113 vessels were fired upon, and 155 vessels reported attempted attacks. There were a total of 802 crew members taken hostage, ten were kidnapped and eight were killed as a direct result of the incidents. Those are world-wide statistics. Somali pirates accounted for more than half of all attacks in 2011. While the overall number of …
The Prosecution Of Piracy Under The Offenses Clause, James J. Woodruff Ii
The Prosecution Of Piracy Under The Offenses Clause, James J. Woodruff Ii
James J. Woodruff II
The United States has had a long, storied history dealing with piracy. While it has had success in getting convictions under the Offenses Clause against pirates who attacked U.S. flagged shipping, prosecution under the clause does have its limits. This article examines the use of the Offenses Clause in the recent prosecutions by the United States of crimes on the high seas.