MARITIME PIRACY: TO THE DEFINITION OF THE CONCEPT
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2015, Vol 20, Issue 2
Abstract
International legal definition of piracy is examined in the article. The deficiencies of conventional definition of this phenomenon are also analysed. The information which is contained in contemporary reports of the Piracy Reporting Centre functioning under the direction of the International Maritime Bureau shows the disappointing statistics – 54 pirate attacks took place from January 2015 to March 2015. The author came to the conclusion that the definition of piracy generally accepted in international law is incomplete, and creates the gaps which can lead to impossibility of bringing the persons who have committed the pirate acts to trial. It has been traced that the UNCLOS (United Nations Convention on the Law of the Sea) defines piracy as any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers. However, such an idea does not conform to our reality, because the above-mentioned acts can be committed for the ends different from the private ones. Moreover, the criminals who commit piracy attacks towards crews, vessels and property often do not belong to the crew members or passengers. Also, the UNCLOS defines piracy as any act of voluntary participation. Nevertheless, piracy cannot be boiled down only to the persons’ own free will, because offenders can make other people participate in such attacks by force. The definition of piracy which is provided by the Criminal Code of Ukraine does not comply with the international concept of such kind of illegal activity. However, it is not considered to be a problem because the main purpose of criminalization of piracy acts is the opportunity to arraign every person who has committed illegal acts towards the vessel, crew and property.
Authors and Affiliations
V. V. Nizhnikova
Keywords
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