the vessel; In the case where a ship still navigates safely after being attacked, Article
3 of the Convention would not apply.
SUA presents also some shortcomings in terms of extradition and individual
rights. As an example, a person who has been extradited from one country to another
may only be judged for the act justifying his or her extradition. In this case, States
cannot use SUA as a legal basis for extradition. In addition, there is no indication of
offence for homicide under this convention. As an illustration, Article 3 (g) touches
on cases where the killing occurs. It stipulates legal verbiage when injuring or killing
a person occurs during a seizure of a ship. However, if this abject act of murdering
innocent civilians or causing harm to a ship member is done after the seizure of the
ship has been concluded, no legal ramifications are spelled out. Thus, SUA has been
subject to several reviews.
However, the current legal framework as represented by UNCLOS and SUA
highlights some points touching human rights issues. Both instruments encourage
States to prosecute and punish pirates, but do not express any position about the
treatment of victims of piracy during their capture. Nevertheless, in most cases of
piracy attacks, victims have been subjected to inhumane and degrading treatments
such as executions, slavery and being used as human shield.
11 These victims carry
deep psychological and emotional scares long after the end of their captivity takes
place. There have been several medically documented cases where victims of piracy
have suffered post-traumatic-stress (PTS) long after their release.
Although the existing legal framework on piracy does not provide full protection
to victims, other legal instruments have been produced to protect these victims from
ill-treatment and violence. For instance, the Council of Europe Convention on
Action against Trafficking in Human Beings 2005
12 establishes obligations not
only to prosecute and punish piracy offenders, but also provide sufficient protection
for victims of this crime. The ill treatment does not happen to the victims of piracy
only but to the pirates as well. For instance, in 2010, the US Navy released
10 accused Somali pirates who had spent more than 6 weeks in detention without
charge.
13 There has also been a report where a Russian warship released several
11 For instance, on 6 April 2009 a group of Somali pirates seized a sailing yacht off the coasts of
Somalia. Five French nationals who were on board were taken hostage. One of the hostages was
shot in the head and killed by police force assault. Furthermore, a recent report of International
Commercial Crime Services says: “11.01.2015: 0500 LT: Posn: 03:44N – 004:59E, Around 63nm
SW of Bayelsa, Nigeria. Ten pirates armed with AK47 rifles boarded and hijacked a product tanker
and took hostage all nine crew. They transferred the fuel oil cargo to another vessel and two pirates
departed with that vessel. The Ghanaian navy dispatched a naval vessel to investigate as the vessel
moved into its waters. The naval boarding team arrested the remaining eight pirates. During the
incident the crew were mistreated by the pirates ” For more narrations about attacks of piracy see:
https://www.icc-ccs.org/ (accessed August 31st 2015).
12 The Council of Europe Convention on Action against Trafficking in Human Beings is a regional
human rights treaty of international human rights law by the Council of Europe. The Convention
opened for signature on 16 May 2005, and entered into force on 1 February 2008.
13 Washington Post (2010).
The Application of Human Rights and Ethics Principles to Self-. . .
393
3 of the Convention would not apply.
SUA presents also some shortcomings in terms of extradition and individual
rights. As an example, a person who has been extradited from one country to another
may only be judged for the act justifying his or her extradition. In this case, States
cannot use SUA as a legal basis for extradition. In addition, there is no indication of
offence for homicide under this convention. As an illustration, Article 3 (g) touches
on cases where the killing occurs. It stipulates legal verbiage when injuring or killing
a person occurs during a seizure of a ship. However, if this abject act of murdering
innocent civilians or causing harm to a ship member is done after the seizure of the
ship has been concluded, no legal ramifications are spelled out. Thus, SUA has been
subject to several reviews.
However, the current legal framework as represented by UNCLOS and SUA
highlights some points touching human rights issues. Both instruments encourage
States to prosecute and punish pirates, but do not express any position about the
treatment of victims of piracy during their capture. Nevertheless, in most cases of
piracy attacks, victims have been subjected to inhumane and degrading treatments
such as executions, slavery and being used as human shield.
11 These victims carry
deep psychological and emotional scares long after the end of their captivity takes
place. There have been several medically documented cases where victims of piracy
have suffered post-traumatic-stress (PTS) long after their release.
Although the existing legal framework on piracy does not provide full protection
to victims, other legal instruments have been produced to protect these victims from
ill-treatment and violence. For instance, the Council of Europe Convention on
Action against Trafficking in Human Beings 2005
12 establishes obligations not
only to prosecute and punish piracy offenders, but also provide sufficient protection
for victims of this crime. The ill treatment does not happen to the victims of piracy
only but to the pirates as well. For instance, in 2010, the US Navy released
10 accused Somali pirates who had spent more than 6 weeks in detention without
charge.
13 There has also been a report where a Russian warship released several
11 For instance, on 6 April 2009 a group of Somali pirates seized a sailing yacht off the coasts of
Somalia. Five French nationals who were on board were taken hostage. One of the hostages was
shot in the head and killed by police force assault. Furthermore, a recent report of International
Commercial Crime Services says: “11.01.2015: 0500 LT: Posn: 03:44N – 004:59E, Around 63nm
SW of Bayelsa, Nigeria. Ten pirates armed with AK47 rifles boarded and hijacked a product tanker
and took hostage all nine crew. They transferred the fuel oil cargo to another vessel and two pirates
departed with that vessel. The Ghanaian navy dispatched a naval vessel to investigate as the vessel
moved into its waters. The naval boarding team arrested the remaining eight pirates. During the
incident the crew were mistreated by the pirates ” For more narrations about attacks of piracy see:
https://www.icc-ccs.org/ (accessed August 31st 2015).
12 The Council of Europe Convention on Action against Trafficking in Human Beings is a regional
human rights treaty of international human rights law by the Council of Europe. The Convention
opened for signature on 16 May 2005, and entered into force on 1 February 2008.
13 Washington Post (2010).
The Application of Human Rights and Ethics Principles to Self-. . .
393