University of Twente Student Theses


Prosecuting Somali pirates, analyzing the impact of EUNAVFOR’s efforts

Lubberts, D. (2011) Prosecuting Somali pirates, analyzing the impact of EUNAVFOR’s efforts.

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Abstract:This thesis intents to provide insight in the legal challenges that have to be taken into account to enable the prosecution of pirates in the EUNAVFOR operation Atalanta of the coast of Somalia. Piracy is an age-old problem that usually centers around piracy hotspots due to the current circumstances on land. In case of Somalia, the lack of a functioning state has led to the demise of the country which can be considered the main reason for the surge of piracy in the international waters around its coast. Whereas it appears that with the conclusion of the United Nations Conference on the Laws Of the Sea (UNCLOS) and the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA) combined with the authorization of the United Nations Security Council Resolutions under Chapter VII all the legal provisions are in place to allow for prosecution, actual prosecution rates in the EUNAVFOR mission are low. The hypothesis that this low prosecution rate is therefore linked to factors that are not legal of nature is proven to be false as the sources suggest that the legal ramifications and the operational difficulties of prosecuting pirates could be the main reasons for the current lack thereof.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:88 social and public administration
Programme:Public Administration BSc (56627)
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