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Piracy Off the Horn of Africa

 

However it has been brought to the forefront due to the increased activity off the Horn of Africa. Piracy can be defined under 1982 United Nations (UN) Convention on the Law of the Sea: 'any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; against a ship, aircraft, persons or property in a place outside the jurisdiction of any State.' However inside territorial waters, such crimes constitute 'armed robbery at sea', and are the responsibility of the coastal state. This posed a problem, as pirates were using territorial waters to prevent capture. The UN addressed this problem with the adoption of four new resolutions allowing states to deploy naval forces to the area and the ability for legal authorities to prosecute pirates and improve collaboration and cooperation particularly with regard to the disposition of captured pirates. Although the UN has taken into account the changes needed to combat piracy, the question is still poised as to whether it is the right strategy to take. Historically piracy is a crime of opportunity. This is an economically motivated activity conducted either by gangs the petty thieves who steal a ships' property or by organised criminals who steal whole ships for the cargo and in many cases kill whole crews to prevent them from interfering. However, this historical notion of piracy has somewhat changed. Somali pirates tend not to go after the tangible cargo of a captured ship. Instead they capture the crew and hold them as hostages for ransom. 'Their aim is to exploit the difference between the marginal value placed on human life in Somalia and its value in the outside world.' Before 1990, piracy was a fairly insignificant occurrence, but a more structured form of piracy emerged in the mid 1990s when armed groups patrolled the 200 nautical mile exclusive economic zone of Somalia, claiming they were the authorised Coast Guard charged with protecting Somalia's fishing resources.


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