Punishment of international crimes in failed states: the Somali piracy imbroglio
The legal impediments encountered in the global anti-piracy campaign off the coast of Somalia have awakened the international community to the realisation that there are still gaps in the international criminal justice system. One such gap relates to the non-existence of a readily available internat...
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Taylor & Francis (Routledge)
2014
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| Online Access: | http://hdl.handle.net/11408/499 |
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| author | Tsabora, James |
| author_facet | Tsabora, James |
| author_sort | Tsabora, James |
| collection | DSpace |
| description | The legal impediments encountered in the global anti-piracy campaign off the coast of Somalia have awakened the international community to the realisation that there are still gaps in the international criminal justice system. One such gap relates to the non-existence of a readily available international criminal justice institution to address international crimes not covered by the Rome Statute of the International Criminal Court. The other gap is the lack of a legal mechanism to respond to international crimes arising from failed or collapsed states. This paper argues that international criminality from failed and collapsed states cannot be addressed by the mere prosecution of offenders in foreign courts; as long as the security vacuum exists in such states, it would be virtually impossible to combat international crimes originating from states in crisis. The actions taken by important international actors and organisations have been aimed at protecting the economic interests of the major powers of the North. These actions are essentially reactive, fragmented and not sufficiently holistic and are thus unlikely to succeed in providing a multifaceted approach needed in the fight against piracy. |
| format | Article |
| id | ir-11408-499 |
| institution | My University |
| language | English |
| publishDate | 2014 |
| publisher | Taylor & Francis (Routledge) |
| record_format | dspace |
| spelling | ir-11408-4992022-06-27T13:49:06Z Punishment of international crimes in failed states: the Somali piracy imbroglio Tsabora, James Piracy, failed state, criminal justice The legal impediments encountered in the global anti-piracy campaign off the coast of Somalia have awakened the international community to the realisation that there are still gaps in the international criminal justice system. One such gap relates to the non-existence of a readily available international criminal justice institution to address international crimes not covered by the Rome Statute of the International Criminal Court. The other gap is the lack of a legal mechanism to respond to international crimes arising from failed or collapsed states. This paper argues that international criminality from failed and collapsed states cannot be addressed by the mere prosecution of offenders in foreign courts; as long as the security vacuum exists in such states, it would be virtually impossible to combat international crimes originating from states in crisis. The actions taken by important international actors and organisations have been aimed at protecting the economic interests of the major powers of the North. These actions are essentially reactive, fragmented and not sufficiently holistic and are thus unlikely to succeed in providing a multifaceted approach needed in the fight against piracy. 2014-11-12T07:17:06Z 2014-11-12T07:17:06Z 2011-09-11 Article 1024-6029 print / 2154-0128 online http://hdl.handle.net/11408/499 en African Security Review;20.3, open Taylor & Francis (Routledge) |
| spellingShingle | Piracy, failed state, criminal justice Tsabora, James Punishment of international crimes in failed states: the Somali piracy imbroglio |
| title | Punishment of international crimes in failed states: the Somali piracy imbroglio |
| title_full | Punishment of international crimes in failed states: the Somali piracy imbroglio |
| title_fullStr | Punishment of international crimes in failed states: the Somali piracy imbroglio |
| title_full_unstemmed | Punishment of international crimes in failed states: the Somali piracy imbroglio |
| title_short | Punishment of international crimes in failed states: the Somali piracy imbroglio |
| title_sort | punishment of international crimes in failed states: the somali piracy imbroglio |
| topic | Piracy, failed state, criminal justice |
| url | http://hdl.handle.net/11408/499 |
| work_keys_str_mv | AT tsaborajames punishmentofinternationalcrimesinfailedstatesthesomalipiracyimbroglio |