Abstract
International discussion of Somali piracy is now largely conducted in the language of law enforcement, not war or terrorism. The aim of this paper is to explain in a brief and practical way to non-lawyers the relevant legal categories and controversies surrounding Somali piracy and to suggest why the response to piracy has remained in the law enforcement ‘box’. It does this by considering piracy through the lens of four legal ‘paradigms’: the law of armed conflict; the international law of piracy; the law of terrorism (including terrorist financing); and the law applicable to transnational organised crime. The contention will be that the law enforcement paradigm is not only legally justifiable but also highly pragmatic and that the other categories may hold fewer benefits than observers might assume.
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