Universal jurisdiction as obligation to prosecute

Authors: Matteo Del Chicca

Publish Date: 2012/03/23

Volume: 11, Issue: 1, Pages: 83-93

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Abstract

Before searching for new legal solutions to manage maritime piracy problems especially those related to jurisdiction it is essential to examine and analyse the existing international legal framework to determine whether current international legal instruments are already appropriate to face off this threat One such principle is the “Aut dedere aut iudicare” principle which has been also codified into SUA Convention at art 6 par 4 This obligation comes from an international treaty so it cannot be disregarded by any state short of becoming susceptible to international liability neither can it be amended by a national law If a state party has inadequate law resources to establish its jurisdiction or if unable or unwilling to prosecute the pirate then such state party has no choice but extradite the pirate If we consider the above principle as a conventional obligation then it should be limited only to state parties and it should be applied only under conditions stated by SUA Convention Instead if we consider it as a customary law principle because piracy—as crimen iuris gentium—offends international community as a whole then such principle shall be binding without any limit or condition

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