and punishment of pirates. The criminal justice response is further strengthened and
complemented by international law, particularly the United Nations Convention on
the Law of the Sea 1982 (UNCLOS)
4 and the Convention for the Suppression of
Unlawful Acts against the Safety of Maritime Navigation 1988 (SUA).
5
Following an overview of the international law relating to piracy, this chapter will
examine maritime piracy from the human rights and ethical perspectives. The key
point of the chapter is that human rights and ethics have just as much a role in
informing the response of the international community to the crimes of piracy and
armed robbery as do UNCLOS and SUA, which together constitute the basic legal
regime relating to such crimes.
2 The International Law Relating to Piracy
The key international legal framework relating to piracy is constituted of two main
instruments, namely: the United Nations Convention on the Law of the Sea 1982
(UNCLOS) and the Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation 1988 (SUA). These instruments are discussed further
on in sequence.
2.1 UNCLOS
UNCLOS sets down the responsibilities and jurisdiction of flag, coastal and port
States. UNCLOS mandates that all States have to cooperate to the fullest possible
extent in the repression of piracy, both on the high seas or in any other place outside
their respective jurisdictions.
6
UNCLOS further grants authority to all States on the high seas, or in any place
outside the jurisdiction of any State, to “seize pirate ships and aircraft, or a ship or
aircraft taken by piracy and under the control of pirates, and arrest the persons and
4 United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea
Convention or the Law of the Sea treaty is the international agreement that resulted from the third
United Nations Conference on the Law of the Sea. The Convention defines the rights and
responsibilities of nations with respect to their use of the world’s oceans, establishing guidelines
for business, the environment, and the management of marine natural resources. The Convention
was adopted in 1982 and came into force in 1994.
5 The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
(SUA) or Sua Act is a multilateral treaty by which states agree to prohibit and punish behaviour
which may threaten the safety of maritime navigation. The Convention was adopted by the
International Conference on the Suppression of Unlawful Acts against the Safety of Maritime
Navigation at Rome on 10 March 1988. It came into force on 1 March 1992 after it had been ratified
by 15 states.
6 Article 100.
The Application of Human Rights and Ethics Principles to Self-. . .
391
complemented by international law, particularly the United Nations Convention on
the Law of the Sea 1982 (UNCLOS)
4 and the Convention for the Suppression of
Unlawful Acts against the Safety of Maritime Navigation 1988 (SUA).
5
Following an overview of the international law relating to piracy, this chapter will
examine maritime piracy from the human rights and ethical perspectives. The key
point of the chapter is that human rights and ethics have just as much a role in
informing the response of the international community to the crimes of piracy and
armed robbery as do UNCLOS and SUA, which together constitute the basic legal
regime relating to such crimes.
2 The International Law Relating to Piracy
The key international legal framework relating to piracy is constituted of two main
instruments, namely: the United Nations Convention on the Law of the Sea 1982
(UNCLOS) and the Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation 1988 (SUA). These instruments are discussed further
on in sequence.
2.1 UNCLOS
UNCLOS sets down the responsibilities and jurisdiction of flag, coastal and port
States. UNCLOS mandates that all States have to cooperate to the fullest possible
extent in the repression of piracy, both on the high seas or in any other place outside
their respective jurisdictions.
6
UNCLOS further grants authority to all States on the high seas, or in any place
outside the jurisdiction of any State, to “seize pirate ships and aircraft, or a ship or
aircraft taken by piracy and under the control of pirates, and arrest the persons and
4 United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea
Convention or the Law of the Sea treaty is the international agreement that resulted from the third
United Nations Conference on the Law of the Sea. The Convention defines the rights and
responsibilities of nations with respect to their use of the world’s oceans, establishing guidelines
for business, the environment, and the management of marine natural resources. The Convention
was adopted in 1982 and came into force in 1994.
5 The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
(SUA) or Sua Act is a multilateral treaty by which states agree to prohibit and punish behaviour
which may threaten the safety of maritime navigation. The Convention was adopted by the
International Conference on the Suppression of Unlawful Acts against the Safety of Maritime
Navigation at Rome on 10 March 1988. It came into force on 1 March 1992 after it had been ratified
by 15 states.
6 Article 100.
The Application of Human Rights and Ethics Principles to Self-. . .
391