Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Jurisdiction to Deal with Pirate Crimes

Document Type : Original Article

Authors
1 Ph.D Student, Department of International Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of International Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)
3 Associate Professor, Department of International Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/jccj.2025.463662.1585
Abstract
Piracy is one of the problems facing the international security of the high seas and disrupts international trade and commerce. The Gulf of Aden and the coast of Somalia is one of the sea areas that witness more piracy crimes than any other area. Based on this, the purpose of this article is to examine the jurisdiction of dealing with pirates in the Gulf of Aden and the coast of Somalia. This article is descriptive and analytical, and the library method was used to examine the mentioned question. The findings indicate that based on the resolutions issued by the UN Security Council and also based on Article 21 of the 1958 Geneva Convention and Article 107 of the 1982 Convention on the Law of the Sea, there is jurisdiction to prosecute pirates on the coast of Somalia and the Gulf of Aden. However, the reality is that the traditional rules of international law are not the answer to fighting piracy and it is necessary to develop the rules of international law in this field and conclude bilateral or multilateral agreements between countries in this regard. In addition, in the light of Security Council resolutions, the establishment of international and regional courts is of great importance to deal with pirate crimes.
Keywords

Volume 4, Issue 3
Summer 2024
Pages 203-216

  • Receive Date 17 January 2024
  • Revise Date 04 April 2024
  • Accept Date 18 June 2024
  • Publish Date 22 September 2024