In those cases, every state has a legitimate interest in the repression of such crime. Another link between the crime and the right to prosecute could be the nationality of the offender or the victim.Įxecuting jurisdiction is a right sometimes exclusive, however, some crimes are categorized as so heinous that they are contemplated as crimes against humanity. For example, if an action that is considered a crime takes place within the borders of a specific country, that State will have the right to prosecute under the principle of territorial jurisdiction. Of course, there are many ways to establish a connection between the crime itself and the right to prosecute (legitimate interest). The right to prosecute rests on the legitimate interest of the State in the repression of that crime. Once a crime is committed it has to be investigated, and eventually, the perpetrator of the misconduct has to be prosecuted. In that sense, countries such as Venezuela, while not bounded by the UNCLOS are indeed, bounded by the Geneva Convention as a matter of customary international law. The definition set by UNCLOS repeats, almost in the same way, the definition contained in the Geneva Convention on High Seas 1958. (c) Any of inciting or intentionally facilitating an act described in subparagraph (a) or (b). (b) Any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft: (ii) Against a ship, aircraft, person or property in a place outside the jurisdiction of any State: (i) On the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft: (a) Any illegal acts of violence or detention, or any act of depredation committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: Piracy consist of any of the following acts: The crime of piracy at sea is contained in Article 101 of the 1982 United Nations Convention on the Law of the Sea, (UNCLOS). As an international crime, the crime of piracy consists of an act against international laws subscribed by a large number of states, while piracy as a national crime, addresses acts against domestic laws. Piracy must be analyzed in two different contexts, namely, piracy as an international crime and piracy as a domestic crime. However, in 2016, the Ocean's Beyond Piracy Organization recorded 27 incidents of piracy and armed robbery in Central and South America and the Caribbean Sea, and in the last three years, the IMO, through GISIS, has received and recorded an increase of piracy attacks and armed robbery in the Caribbean Sea, especially along the Venezuelan coast. The attacks not only had a major impact on commerce but also they ended with significant economic benefits for the pirates.Įight years later, and thanks to the effort of the international community and several organizations, the situation has improved significantly. Approximately 100 acts of piracy were reported every day around the Gulf of Arden. The issue of piracy at sea became notoriously important back in 2008 when the crisis on the Somali coast reached its highest level of tension. Today, the crime of piracy is happening in a context where shipping remains as the most important mechanism for trade and commerce and where the international law stands for the virtues of a globalized world. Piracy has existed alongside maritime trade as far back as commercial history can be traced. Pirates are and always have been not only a significant shipping problem but also the executors of terrible crimes. The illusion of a fun “superhero” in the form of a pirate has framed in people’s imagination a picture of a guy with parrots, wooden legs and eye patches. Contrary to the version portrayed by Disney in its franchise Pirates of the Caribbean, piracy does not take place in a universe full of adventures and adrenaline.
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