International legal framework on maritime piracy

Abstract

The article examines the phenomenon of piracy crimes based on the study of the international legal framework. The goal set by the authors is to identify possible ways and mechanisms by which States will be able to carry out effective international cooperation to bring pirates to justice and reduce the number of pirate attacks. The authors note that the beginning of the development of the efforts of the international community in the field of combating piracy falls in the middle of the 19th century. Further attempts to create a treaty at the beginning of the 20th century did not lead to success, but laid the foundation for the adoption of the 1958 Convention on the High Seas and the 1982 UN Convention on the Law of the Sea, which contain the universally recognized concept of piracy. The authors analyze the main elements of the crime of piracy (an illegal act of violence or detention, or any act of depredation; private ends; the “rule of two ships”; outside the jurisdiction of any State) and consider controversial issues of interpretation of these elements. Attention is drawn to the fact that existing sources aimed at countering piracy crimes include the obligation of States to cooperate. Since they do not contain specific forms of international cooperation, but are only limited to a general obligation to provide assistance to the maximum extent possible, the authors consider it appropriate to interpret the obligation of cooperation broadly to include such forms as extradition and mutual legal assistance in the prosecution of piracy crimes. The authors investigate the activities of international and regional organizations in the field of combating piracy and their proposed methods and mechanisms aimed at reducing crime on the high seas. The initiatives proposed by the Russian Federation to combat piracy are being considered.

Keywords:

maritime crime, maritime piracy, armed robbery against ships, high seas, universal jurisdiction, international cooperation, mutual legal assistance, maritime security