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Chapter Summary

Gentili's perception of piracy suspects as outlaws is reflected to a large extent by the current counter-piracy operations off the coast of Somalia and the region: piracy suspects subject to arrest, detention and transfer are mere objects of decisions and procedures rather than parties with fundamental interests in the issues at stake equipped with procedural means to defend such interests. A thorough understanding of the current disposition practice is necessary in order to identify relevant human rights issues that may arise in this specific situation. This chapter delimits the scope of analysis of detention and transfer of piracy suspects and describes the methodology employed in establishing the current practice of arrest, detention and transfer of piracy suspects. It analyses whether current disposition practice is in line with the international law norms that bestow persons with individual rights, notably human rights law.

Keywords: human rights law; international law norms; piracy suspects; procedural rights



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