Where Security Meets Justice: Prosecuting Maritime Piracy in the International Criminal Court

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Abstract

The International Criminal Court (ICC) was established to prosecute crimes that "threaten the peace, security and well-being of the world". Maritime piracy has a long history as a threat to international security and was in fact the first international crime. Yet piracy was excluded from the Rome Statute. In the years since the drafting of the Rome Statute, piracy has increased dramatically to become more like the threat it was in the "Golden Age of Piracy". Criminal accountability for piracy has been minimal, due to logistical and jurisdictional difficulties. This paper offers an analysis of the potential of the ICC for prosecuting pirates: why it should be considered as a potential forum for ensuring criminal accountability for piracy, how piracy fits within the ICC's jurisdiction, and whether or not piracy should be added to the Rome Statute as a stand-alone crime or under the rubric of crimes against humanity. © Asian Journal of International Law, 2014.
Original languageEnglish
Pages (from-to)81-102
Number of pages22
JournalAsian Journal of International Law
Volume4
Issue number1
DOIs
Publication statusPublished - 2014
Externally publishedYes

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International Criminal Court
piracy
justice
offense
statute
threat
First International
responsibility
international security
international law
jurisdiction
peace
well-being
history

Cite this

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