20
S. Sakamoto
piracy of any sort or over the high seas is sporadic except in limited areas bordered by states
without the naval forces to combat it. Piracy lost its great importance in the law of nations
before the modern principles of finely discriminated state jurisdictions and of freedom of
the seas became thoroughly established. (emphasis added) 12
However, unexpected situations occurred between the late 20th and early 21st
century. Since the 1980s, rampant piracy has troubled the international community.
Previously, piracy had threatened maritime transit in the Straits of Malacca and
Singapore, and has since threatened maritime transit off the coast of Somalia and in
the Gulf of Aden. The sea lanes off the coast of Somalia and in the Gulf of Aden
link Japan with Europe and the Middle East, and c. 2,000 Japanese-related vessels,
including Japanese flag-carrying vessels and flag of convenience vessels operated by
the Japanese shipping companies, annually sail along these lanes. No doubt, these
lanes are extremely important to Japan. The Japanese Ship-owners’ Association
and others have urged the Japanese Government to reinforce its measures against
acts of piracy, including through national legislation. In 2009, Japan enacted the
Act on Punishment of and Measures against Acts of Piracy (Piracy Act),
13 which,
among other things, stipulates the protection of not only Japan’s fleet, but those of
other countries. The object of the Piracy Act is not limited to solely providing legal
grounds for the specific activities by the Maritime Self-Defence Forces for combating
the incidents of pirates off the coast of Somalia. The Piracy Act is much broader as to
provide for the definition of acts of piracy, enforcement measures against such acts,
the criminal jurisdiction of Japan, the punishment of the crime of piracy, and so on.
Mr. Koji Tsuruoka, the then Director-General of the International Law Affairs
Bureau of Japan’s Ministry of Foreign Affairs provided the following explanation:
While, in principle, the acts of piracy under the Piracy Act are the same as those under the
UNCLOS, the Piracy Act, as a domestic law, concretizes the concept of acts of piracy. In
that sense, the definition of the acts of piracy under the Act is more detailed than those under
the UNCLOS. 14
On 5 March 2011, the Guanabara, a Mitsui O.S.K. Line tanker registered in
the Bahamas and operated only by 24 non-Japanese crew members, was attacked
by allegedly Somali pirates. None of the crew was injured, and the four suspects,
who claimed to be Somali, were captured by U.S. naval units the following day
and transferred to Japan for trial. The Tokyo District Court sentenced two Somali
nationals to a ten-year term of incarceration. On 25 February 2013, the same court
sentenced another Somali national, whose name had been withheld due to their being
under age, indeterminate sentence of five to nine years, in accordance with Article
52 of the Juveniles Act.
15 The remaining defendant was sentenced to an eleven-year
term on 12 April 2013. Japan spent time and resource to try the individuals involved
12 Ibid., Vol. 26, p. 764.
13 Act of 24 June 2009, No. 55; for an English translation, see “Act on Punishment of and Measures
against Acts of Piracy”, Japanese Yearbook of International Law, Vol. 53 (2010), p. 838.
14 Committee on Foreign Affairs and Defence on 2 June, 2009 [171st Diet].
15 This case was not published in the District Court Reporter, but there is a case commentary in the
High Court Reporter (Kosai Hanrei Shu), Vol. 66(4), p. 6. See also Ishii (2015).
S. Sakamoto
piracy of any sort or over the high seas is sporadic except in limited areas bordered by states
without the naval forces to combat it. Piracy lost its great importance in the law of nations
before the modern principles of finely discriminated state jurisdictions and of freedom of
the seas became thoroughly established. (emphasis added) 12
However, unexpected situations occurred between the late 20th and early 21st
century. Since the 1980s, rampant piracy has troubled the international community.
Previously, piracy had threatened maritime transit in the Straits of Malacca and
Singapore, and has since threatened maritime transit off the coast of Somalia and in
the Gulf of Aden. The sea lanes off the coast of Somalia and in the Gulf of Aden
link Japan with Europe and the Middle East, and c. 2,000 Japanese-related vessels,
including Japanese flag-carrying vessels and flag of convenience vessels operated by
the Japanese shipping companies, annually sail along these lanes. No doubt, these
lanes are extremely important to Japan. The Japanese Ship-owners’ Association
and others have urged the Japanese Government to reinforce its measures against
acts of piracy, including through national legislation. In 2009, Japan enacted the
Act on Punishment of and Measures against Acts of Piracy (Piracy Act),
13 which,
among other things, stipulates the protection of not only Japan’s fleet, but those of
other countries. The object of the Piracy Act is not limited to solely providing legal
grounds for the specific activities by the Maritime Self-Defence Forces for combating
the incidents of pirates off the coast of Somalia. The Piracy Act is much broader as to
provide for the definition of acts of piracy, enforcement measures against such acts,
the criminal jurisdiction of Japan, the punishment of the crime of piracy, and so on.
Mr. Koji Tsuruoka, the then Director-General of the International Law Affairs
Bureau of Japan’s Ministry of Foreign Affairs provided the following explanation:
While, in principle, the acts of piracy under the Piracy Act are the same as those under the
UNCLOS, the Piracy Act, as a domestic law, concretizes the concept of acts of piracy. In
that sense, the definition of the acts of piracy under the Act is more detailed than those under
the UNCLOS. 14
On 5 March 2011, the Guanabara, a Mitsui O.S.K. Line tanker registered in
the Bahamas and operated only by 24 non-Japanese crew members, was attacked
by allegedly Somali pirates. None of the crew was injured, and the four suspects,
who claimed to be Somali, were captured by U.S. naval units the following day
and transferred to Japan for trial. The Tokyo District Court sentenced two Somali
nationals to a ten-year term of incarceration. On 25 February 2013, the same court
sentenced another Somali national, whose name had been withheld due to their being
under age, indeterminate sentence of five to nine years, in accordance with Article
52 of the Juveniles Act.
15 The remaining defendant was sentenced to an eleven-year
term on 12 April 2013. Japan spent time and resource to try the individuals involved
12 Ibid., Vol. 26, p. 764.
13 Act of 24 June 2009, No. 55; for an English translation, see “Act on Punishment of and Measures
against Acts of Piracy”, Japanese Yearbook of International Law, Vol. 53 (2010), p. 838.
14 Committee on Foreign Affairs and Defence on 2 June, 2009 [171st Diet].
15 This case was not published in the District Court Reporter, but there is a case commentary in the
High Court Reporter (Kosai Hanrei Shu), Vol. 66(4), p. 6. See also Ishii (2015).