Where Security Meets Justice: Prosecuting Maritime Piracy in the International Criminal Court

View/ Open
Author(s)
O'Brien, Melanie
Griffith University Author(s)
Year published
2014
Metadata
Show full item recordAbstract
The International Criminal Court (ICC) was established to prosecute crimes that 'threaten the peace, security and well-being of the world'. Maritime piracy has a long history as a threat to international security and was in fact the first international crime. Yet piracy was excluded from the Rome Statute. In the years since the drafting of the Rome Statute, piracy has increased dramatically to become more like the threat it was in the 'Golden Age of Piracy'. Criminal accountability for piracy has been minimal, due to logistical and jurisdictional difficulties. This paper offers an analysis of the potential of the ICC for ...
View more >The International Criminal Court (ICC) was established to prosecute crimes that 'threaten the peace, security and well-being of the world'. Maritime piracy has a long history as a threat to international security and was in fact the first international crime. Yet piracy was excluded from the Rome Statute. In the years since the drafting of the Rome Statute, piracy has increased dramatically to become more like the threat it was in the 'Golden Age of Piracy'. Criminal accountability for piracy has been minimal, due to logistical and jurisdictional difficulties. This paper offers an analysis of the potential of the ICC for prosecuting pirates: why it should be considered as a potential forum for ensuring criminal accountability for piracy, how piracy fits within the ICC's jurisdiction, and whether or not piracy should be added to the Rome Statute as a stand-alone crime or under the rubric of crimes against humanity.
View less >
View more >The International Criminal Court (ICC) was established to prosecute crimes that 'threaten the peace, security and well-being of the world'. Maritime piracy has a long history as a threat to international security and was in fact the first international crime. Yet piracy was excluded from the Rome Statute. In the years since the drafting of the Rome Statute, piracy has increased dramatically to become more like the threat it was in the 'Golden Age of Piracy'. Criminal accountability for piracy has been minimal, due to logistical and jurisdictional difficulties. This paper offers an analysis of the potential of the ICC for prosecuting pirates: why it should be considered as a potential forum for ensuring criminal accountability for piracy, how piracy fits within the ICC's jurisdiction, and whether or not piracy should be added to the Rome Statute as a stand-alone crime or under the rubric of crimes against humanity.
View less >
Journal Title
Asian Journal of International Law
Volume
4
Issue
1
Copyright Statement
© 2014 Cambridge University Press. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Subject
Criminal Law and Procedure
International Law (excl. International Trade Law)
Law