Yaron Gottlieb

Abstract

The United Nations Security Council (UNSC) has been among the most active international actors in addressing maritime piracy. Notably, within a relatively short timespan (June 2008 - November 2012), it has unanimously adopted a significant number of Resolutions dedicated entirely to the surge in this criminal phenomenon. The piracy Resolutions are multifaceted and contain a number of innovative aspects, at least some of which have gone relatively unnoticed. Notably, it is the first time that a crime of ordinary law characteristics has been the focus of Resolutions adopted under Chapter VII of the UN Charter. This article explores the various aspects of the piracy Resolutions. It concludes that the linkage made in the Resolutions to the situation in Somalia has served as a vehicle for the UNSC to address, through Chapter VII powers, the severe consequences of Somali piracy to international navigation, trade, and safety upon the high seas. The article further examines a number of shortcomings in the international legal framework governing piracy and how the UNSC has attempted to address them. It discusses the evolution in the piracy Resolutions towards a holistic approach, but also addresses the relative lack of action regarding two important - yet controversial - counter-piracy measures: the question of criminalizing ransom payments to pirates and the deployment of private security guards on board commercial ships. Finally, the article concludes by exploring the ways in which the UNSC engaged the private sector, the authorization to enter Somali waters, and the applicable legal paradigm governing the counter-piracy initiatives.

Volume

24

Issue

1

Page

1

Year

2015

Rights

http://rightsstatements.org/vocab/InC/1.0/

Publication Title

Minnesota Journal of International Law

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