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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Enhancing International Efforts to Prosecute Suspected Pirates by MS. JENNIFER LANDSIDLE Attorney-Adviser 2IÀFH RI WKH /HJDO $GYLVHU U.S. Department of State The U.S. Government's Approach Since the conception of the U.S. strategy to combat piracy off the coast of Somalia, the United States has recognized that any effective counter-piracy strategy must include a plan to ensure that individuals who commit acts of piracy will be held accountable for their actions. The United States has sought to accom- plish this by: ☰ ☰ ☰ ☰ advocating for all states to criminalize piracy under their domestic law and for states par- ties to implement their relevant obligations under the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and other applicable international conventions; urging states to use these laws to prosecute suspects when they are directly victimized E\ D SLUDWH DWWDFN H J WKH ÁDJ VWDWH RU VWDWH RI nationality of the crew or owner of the vessel; seeking to conclude arrangements or agree- ments with regional states and common vic- tim states outside the region to facilitate the transfer of suspected pirates for prosecution in their national courts; working with the international community to enhance the capacity of these states to pros- ecute suspected pirates and imprison those convicted.1 International Efforts The Contact Group on Piracy off the Coast of Soma- lia (CGPCS), an ad-hoc international mechanism of more than 50 participating countries and inter- www.uscg.mil/proceedings national organizations, has provided the primary forum to coordinate the international community's counter-piracy strategy. Legal issues related to the prosecution and imprisonment of pirates have been addressed primarily by its Legal Working Group, Working Group 2 (WG2), chaired by Denmark. WG2 brings together CGPCS participants and legal experts to develop practical legal guidance for states wres- tling with the challenges associated with apprehend- ing, transferring, and prosecuting suspected pirates. The Legal Working Group also provides a forum to exchange information and lessons learned — every meeting begins with an opportunity for states to update the group on any changes to domestic piracy- related legislation, national prosecutions, or other relevant developments. Finally, the Legal Working Group has provided an outlet for a robust discussion among states about whether some prosecution mech- anism, beyond national prosecutions, would enhance the international community's ability to deliver judi- cial consequences for piracy, or what other creative solutions might be brought to bear. Successes to Date and Persistent Challenges Presently, more than 1,000 Somali pirates in 20 states worldwide are either on trial for or have been con- victed of acts of piracy, according to the United Nations Office on Drugs and Crime (UNODC). Among these, 28 have been transferred back to the United States to stand trial for attacks on U.S. vessels, nationals, or interests. These national prosecutions demonstrate that, just as piracy has been successfully prosecuted in national courts for hundreds of years, Spring 2012 Proceedings 65 Prosecution

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