How Piracy Demonstrates a Problem in International Law

Piracy, I always tells my students, is one of those rare things that pretty much everyone in the world thinks is wrong. And it’s internationally outlawed. And it has been for a long time.

Unsurprisingly, it turns out that catching pirates is a really big part of the stopping the scourge of piracy.

But no one really wants to catch them … at least not the Somali pirates:

[O]n several occasions, when patrol ships have captured pirates, they have had to release them again because no one wants to prosecute them, as they are likely to be stuck with them, once they have served their time (Somalia is regarded as too dangerous a place to which to repatriate them). 

Basically, if they’re apprehended and brought back to, say, a European country, there’s a better-than-decent chance that they’ll want to remain in that country rather than return to Somalia and that the apprehending country won’t be able to refuse. And the Europeans don’t really want that.

Thus, if you’re interested in international law, as I am, read this quote:

As a result of American pressure, in the first piracy case to come to trial in Europe, a Dutch court in June sentenced five Somali pirates to five years in jail, which shipping analysts see as unlikely to deter future attacks. Predictably, the pirates have asked for asylum and to have their families sent over upon their release. More sensible efforts to set up regional courts to prosecute captured pirates are ongoing.

And then mull over the following question: What good is international law if no one really wants to enforce it — especially given that this is one of the rare pieces of international law that’s definitely enforceable by states?

However, if you’re just interested in pirates — especially in the 17th Century — then this book review is for you.