Abstract: Modern piracy has been an increasing phenomenon in the last decade. The pirate attacks to commercial and private vessels in the Horn of Africa, are growing to a very fast pace that the International Community is obliged under International Law to take measures to suppress piracy. In practice, the level of force that is used by militaries of the navy vessels that safeguard the area around the Gulf of Aden, when prosecute suspected pirates, is disproportional to the crime that takes place and as a result pirates are exposed to violations of their human rights standards. The fear of violating human rights obligations plays an important role when states prosecute suspected pirates, and in order nations to repress piracy without violating the human rights of the pirates, create many legal rules that leads to practical constraints, and other considerations that pull states in the opposite direction.[1] The question that is raised is whether a tradeoff exists between prosecution of pirates and protecting and promoting human rights. This paper introduces the phenomenon of piracy, highlighting the state of insecurity in Somalia and how this insecurity boosts piracy. It also discusses the considered failure of the international legal system, and the potential human rights concerns in front of the regional courts. In addition, examines Kenya’s legal and systemic deficiencies as the main regional center for piracy prosecution and at the end offers an alternative approach to the problem.
Keywords: International Human Rights; International Piracy Law; Somali Pirates; Human Rights Violations; Kenyan Legal System.
Title: Human Rights of the Somali Pirates under International Law
Author: Rodanthi Chatzopoulou
International Journal of Social Science and Humanities Research
ISSN 2348-3156 (Print), ISSN 2348-3164 (online)
Vol. 11, Issue 2, April 2023 - June 2023
Page No: 39-46
Research Publish Journals
Website: www.researchpublish.com
Published Date: 12-April-2023
