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Suspected Somalia pirates captured by UK charged in Kenya

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Eight Somalis were charged in a Kenyan court for piracy on Wednesday after being turned over to Kenyan officials by the British Royal Navy. The suspected pirates were captured by the HMS Cumberland while attempting to use a hijacked Yemeni fishing boat to attack a Danish vessel on November 11 and then handed over to Kenyan police Tuesday. This marks the second time suspected Somali pirates captured by a third party have been prosecuted in Kenyan courts. In January 2006, the US Navy captured 10 Somali men 200 miles off the coast of Somalia and turned them over to Kenyan courts in Mombasa for prosecution. In November 2006, each of the 10 men were sentenced to seven years in prison. AFP has more. KBC News has local coverage. In June, the UN Security Council unanimously approved Resolution 1838, condemning all acts of piracy and armed robbery off the coast of Somalia, and calling on states to "deploy naval vessels and military aircraft to actively fight piracy on the high seas off the coast of Somalia." The resolution fills a gap in the UN Convention on the Law of the Sea (UNCLOS), which defines piracy as "all illegal acts of violence or detention ... committed for private ends on the high seas," and does not apply to such action in the territorial waters of states. Although maritime piracy is increasingly widespread, Somalia's coast has been ranked as the most dangerous in the world due to a surge in attacks on ships carrying traded goods or humanitarian aid. Somalia has not had an effective government for 17 years. It was recently ranked as one of the world's most corrupt countries and its transitional government has only a tenuous hold over the country's capital. In October 2007 the International Maritime Bureau (IMB), which tracks incidents of maritime piracy worldwide, reported that incidents of piracy and armed attacks against ships off the Somalian and Nigerian coasts have risen 14% from 2006.

Full post as published by JURIST - The Paper Chase on November 19, 2008 (boomark / email).