Abstract

This Article will argue that, in order to combat the rise of Somali piracy, major maritime nations should rely on national prosecutions of Somali pirates in the courts of stable regional partners, such as Kenya, the Seychelles, and Mauritius. A systematic transfer program and prosecutions in the national courts of several regional partners would preclude the possibility of pirate catch-and-release, and could ultimately provide enough deterrence to seriously dissuade young Somali men from engaging in piracy. The Somali pirates, enemies of all mankind, may find potent foes in the form of Kenyan, Seychellois, and Mauritian prosecutors, who will subject pirates to prosecutions on behalf of all mankind.

Highlights

  • The rise of piracy off the coast of Somalia over the last five years has been spectacular, amounting to a true crisis in international law

  • This article will argue that, in order to combat the rise of Somali piracy, major maritime nations should rely on national prosecutions of Somali pirates in the courts of stable regional partners, such as Kenya, the Seychelles and Mauritius

  • Everyone agrees that piracy in Somalia is here to stay

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Summary

Introduction

The rise of piracy off the coast of Somalia over the last five years has been spectacular, amounting to a true crisis in international law. This article will focus on a possible solution of increased reliance on regional partners in the fight against piracy It will identify three such regional partners, namely Kenya, the Seychelles and Mauritius, and will propose useful ways in which these countries could participate in the global fight against Somali piracy. This paper will focus on the use of national courts in Kenya, the Seychelles, and Mauritius for Somali pirate prosecutions. Large-scale and broad-based piracy prosecutions in national courts of stable regional partners may constitute the most satisfying tool in combating Somali piracy

Background
International Law and Piracy
The Way Forward
III.2 The Seychelles
III.4 Mauritius
III.5 Other Prosecution Options and International Efforts
Recommendations for Successful National Prosecutions
Conclusion
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