Proceedings Of The Marine

SPR 2012

Proceedings magazine is a communication tool for the Coast Guard's Marine Safety & Security Council. Each quarterly magazine focuses on a specific theme of interest to the marine industry.

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A team from the USS San Jacinto searches a skiff suspected of recent pirate activity. U.S. Navy photo by Mass Communication Specialist Ja'lon A. Rhinehart. Ships captured by pirates lie at anchor off Somalia, April 2011. U.S. Navy photo. scene may lack personnel trained in evidence gather- ing, which can hinder prosecutions. Seeking Justice Although piracy is a crime of universal jurisdiction, the ungoverned nature of Somalia creates a concern that pirates may request asylum when brought to a warship's home country for trial. The courts of Kenya and the Seychelles have agreed to receive captured pirates, and the U.S. has delivered groups of pirates for trial to Kenya. Unfortunately, this approach can be time-consuming and expensive, and may require Navy and merchant mariner witnesses to make multiple trips ashore to provide testimony. Additionally, outcomes have been mixed, due to uncertain evidentiary standards. Given WKHVH GLIÀFXOWLHV VRPH QDWLRQV RSW WR GHVWUR\ SLUDWH vessels they capture and put the pirates ashore. One thing is certain: The problem of Somali piracy is too large for any single nation to address. Protec- tion and law enforcement pose huge operational FKDOOHQJHV DQG PDQ\ PDULQHUV ÀQG WKHLU OLYHV DQG livelihood threatened by piracy. Perhaps the only positive outcome of this shared threat has been the chance to strengthen ties among maritime nations by working with one another in a real-world, operational environment. About the author: LCDR Paul Kapfer, JAGC, USN, has developed counter-piracy evi- dence collection training for the U.S. Navy and has presented it in VHPLQDUV ZLWK ,QGLDQ QDYDO RIÀFHUV +H ZRUNV DW WKH &HQWHU; IRU /DZ and Military Operations with the Judge Advocate General's Legal Center and School. The views expressed are his own. Endnotes: 1. "Somali Pirates Grow More Daring," The Media Line/Gant Daily, August 30, 2011. 2. See, e.g., S.C. Resolution 1950, para. 12, U.N. Doc. S/RES/1950, Novem- ber 23, 2010. www.uscg.mil/proceedings Spring 2012 Proceedings 59

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