The Malmö Declaration: Calling for a Multi-Sectoral Response to Piracy

Mejia, Maximo Q.; Kojima, Chie; Sawyer, Mark Q.

doi:10.1007/978-3-642-39620-5_1

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“…127 Experts in the field emphasised this need at the International Conference on Piracy in 2011 in relation to Somalian piracy, which is still relevant today. 128 They mentioned the need for an innovative global tool-such as an international court with a legal mandate on piracy-to deal with national boundaries and jurisdiction constraints. 129 In response to this suggestion, the Assembly of Heads of State and Government of the African Union on 27th June 2014 adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights ("Malabo Protocol").…”

Section: Building a Sustainable Approach To Piracy At Seamentioning

confidence: 99%

A Human Rights View of Maritime Piracy Law: Exploring the Gulf of Guinea

Abudu

2021

GroJIL

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As a result of pirates’ unique modus operandi in the Gulf of Guinea (GoG), the current approach to counter-piracy is mainly securitised and repressive. This approach follows the international provisions on piracy framed based on the customary international law categorising pirates as “enemy of mankind”; which, considering the vicious nature of the crime, is quite justified. Moreover, the increase in piracy activities at sea within the GoG is foreseeable considering the economic recession faced by countries within the region due to the Covid-19 pandemic. This prediction calls for the strengthening of law enforcement operations at sea, which must be justifiable in international human rights law in order to ensure the protection of all persons. Thus, reviewing the current piracy laws and their coherence with international human rights law is a requisite. This paper recognises the repressive counter-piracy approach’s success, but takes a glance from a human rights lens, which raises questions relating to “lawfulness”. Consequently, this paper builds on the existing literature criticising the repressive policy towards countering piracy in the GoG. It also advances the research probing the alignment of counter-piracy operations with human rights obligations. This paper additionally takes it a step further by evaluating the piracy laws in the GoG and their alignment with human rights provisions. These findings set a new course towards a more sustainable approach to countering piracy in the GoG, balancing rights and security approaches towards ensuring the protection of lives at sea.

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Section: Building a Sustainable Approach To Piracy At Seamentioning

confidence: 99%

A Human Rights View of Maritime Piracy Law: Exploring the Gulf of Guinea

Abudu

2021

GroJIL

View full text Add to dashboard Cite

show abstract

The Malmö Declaration: Calling for a Multi-Sectoral Response to Piracy

Cited by 1 publication

References 0 publications

A Human Rights View of Maritime Piracy Law: Exploring the Gulf of Guinea

A Human Rights View of Maritime Piracy Law: Exploring the Gulf of Guinea

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