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Part 3: Disposition of Piracy Cases: Applicable Legal Frameworks

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Chapter Summary

This chapter identifies which legal frameworks, those potentially conferring individual rights to alleged offenders subject to deprivation of liberty and possible surrender for prosecution, are applicable in the context of counter-piracy operations off the coast of Somalia and the region. The fact that military means, namely warships and military personnel, are used in order to suppress piracy does not alter the law enforcement character of the current operations. The categorization of counter-piracy operations off the coast of Somalia and the region as genuine law enforcement operations is not altered by the fact that they are conducted in lieu of a disabled government and in a State where an armed conflict is ongoing. Another body of law containing potentially relevant rules regarding transfers of piracy suspects to third States for prosecution is international refugee law.

Keywords: counter-piracy operations; international refugee law; piracy; Somalia



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