A Sea Free From Piracy – When Mare Will be Really Liberum?

Written by Lina Laurinaviciute

pirates

A spot of a small boat approaching a merchant vessel crossing the Red sea or a cruise ship riding to the sunny Seychelles can be a sign of a great danger and a terrible misfortune if not noticed in time. Hugo Grotius, the Dutch philosopher, more than 400 years ago in his book “Mare Liberum” (The Free Sea) declared that it was not possible to own sea.[1] However, soon it was realized that its treasures were not without a master. In the same 17th century Sir Edward Coke, an English jurist and Member of Parliament, expressed concern about the criminals – the pirates, who were characterized as the hostis humani generis (enemy of all mankind). The recent situation, especially in Somalia, reveals, that this problem still has an alarming tendency even in the 21st century.

Indeed, nowadays, the character of a pirate is far from the one romanticized by Capt. Jack Sparrow. Usually, they are local seamen looking for a quick score, highly-trained guerrillas, rouge military units, or former seafarers recruited by crime organizations. Armed with knives, machetes, assault rifles and grenade launchers, they steal out in speedboats and fishing boats in search of supertankers, cargo ships, passenger ferries, cruise ships, and yachts, attacking them at port, on the open seas, in international waters.[2] Also, the “Jolly Roger” – a famous flag of pirates, is not used by pirates themselves, but indicates a great danger in the various maps of maritime risk intelligence.

The first international efforts to define piracy were made by signing the United Nations (hereinafter – UN) Geneva Convention on the High Seas in 1958 and the following UN Convention on the Law of the Sea, signed in 1982, which stated that piracy consists of any of these acts:

(a) 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:

(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).[3]

The estimated figures of the International Maritime Bureau’s (IMB) Piracy Reporting Centre show, that worldwide in 2012, pirates have committed 278 attacks, hijacked 27 vessels, took more than 400 hostages, from which 147 are still held by Somali pirates.[4] In addition, 58 attempted attacks were reported.[5] Indeed, the drop in Somali piracy has brought global figures for piracy and armed robbery at sea down compared with 2011, when 439 worldwide piracy attacks were reported. Nonetheless, there can be no room for complacency till entire ships are hijacked and cargo crews simply vanish.[6] Mariners are warned to be cautious and to take necessary precautionary measures, especially when transiting through the coasts of Somalia, Nigeria, Benin, South East Asia and Indonesia.[7]

As mentioned before, in Somalia attacks have dropped significantly, mostly due to the increased military action on suspected skiffs, military anti-piracy operations and increase in armed guards onboard ships. However, Somali pirates still remain the greatest global threat, as the majority of the worldwide piracy attacks are attributed to them. Usually, the tactics of the Somali pirates is to attack ships in the northern, eastern and southern coast of Somalia. According to the IMB’s report of 2011, these pirates have also attacked vessels much farther off the Somali coast. They have moved deeper into the Indian Ocean, off Seychelles and the Maldives, and further south along the East African coast, off Kenya, Madagascar, and Mozambique.[8] To proceed with attacks very far out to sea, pirates normally use “mother vessels”, which are able to launch smaller boats to attack and hijack unsuspecting passing vessels.[9]

In the case of Nigeria all waters are considered to be risky. Pirates attack, hijack and rob vessels, kidnap crews along the coast, rivers, anchorages, ports and surrounding waters.[10] Piracy in the Gulf of Guinea has been over shadowed by Somali piracy in recent years and is becoming increasingly dangerous (34 incidents from January to September 2012, up from 30 last year) and has pushed westward from Benin to Togo, Ivory Coast and Ghana.[11] The recent attacks indicate a worrying development of a dangerous business in the region. Attacks in Indonesia remain a concern as well. These attacks, which are normally launched during the night, have largely taken place in the Malacca Strait, through which 30 percent of the world’s trade and half of the world’s oil shipments pass.[12]

As reported by the IMB, pirates’ attacks are often violent, planned and aimed at stealing oil, gas or other products which can be easily sold on the open market. To cover their tracks once the vessel is hijacked, they damage the communication equipment and at times even the navigation equipment. A ransom demanded for the release of the vessel and crew is also a prospective criminal deal of piracy.[13] An estimated global cost of piracy for 2010 was in the range of $7 to $12 billion, while for 2011 $7 billion were estimated only as Somali piracy’s impact on the global economy.[14] Piracy and armed robbery have great economic consequences, as they are disrupting the delivery of humanitarian aid, especially to Somalia, threatening vital sea lines of communication, economic interests and security of countries at risk, as well as international maritime security and commerce.

As a result of these challenges, many ships have begun to hire armed guards. While this tactic can be quite effective, however, there is not yet a process for regulating these guards, creating potential legal complications. The killings of pirates by security companies, as the one of 2010 when the private security contractors shot dead a Somali pirate, raises questions over who has jurisdiction over a growing army of armed guards on merchant ships flying flags from many nations.[15] A piracy expert Roger Middleton, from the British think tank Chatham House, cautions, that : ”there’s currently no regulation of private security on board ships, no guidelines about who is responsible in case of an attack, and no industrywide standards”. Therefore, the shipping industry and national governments should better coordinate their response to the threat of piracy.

The international community has taken a number of steps to tackle piracy when it emerged as a threat to international maritime security several years ago. In 2008, the UN Security Council passed a series of measures targeting Somali piracy, including Resolution 1816, which authorized states to undertake enforcement actions against piracy and armed robbery in Somalia. Following this and other UN resolutions, NATO, European Union, and United States started naval patrols operations in the Gulf of Aden.[16] This has improved security in that narrow body of water and pushed pirate activity into the broader Indian Ocean, making attacks more costly and risky for pirates, but also making it more difficult to counter attacks across such a vast area.[17]

Similarly, in 2011, Indonesia and Malaysia deployed two warships to the strait as part of a joint patrol targeting pirate attacks. The countries have also developed an “Eye in the Sky” operation with Singapore and Thailand, by which they jointly carry out air patrols.[18] However, not all navies, especially in the Gulf of Guinea have the resources to fight piracy far out at sea, so criminal gangs shift to other areas.[19]

Nonetheless, despite these efforts, it is realized that piracy cannot be solved by military means alone. The amount of ocean to patrol is too vast to protect every ship and, as risk analysis shows, pirates have responded to the increased naval presence by moving attacks farther out to sea. Piracy is most often just one symptom of the general collapse of law and order in the failed state. As a result, the attacks on shipping will continue as long as there is no central government capable of taking on the well-armed and well-paid pirate gangs.[20] Thus, tackling the root causes of piracy, supporting local communities and improving prosecution have a key importance for the rescue of the seas from pirates.

The UN Convention on the Law of the Sea makes piracy a universal crime, and subjects pirates to arrest and prosecution by any nation.[21] Taking the example of Somali’s piracy, the root of problem here has been the lack of an effective central government tied with limited economic opportunities throughout the country, where piracy became a mean of survival. In addition, Somalia is composed of a large number of clan groups, and the law is largely implemented at the local level. For many of these groups, piracy provides an economic lifeline, and so they are not willing to prosecute pirates.[22]

Indeed, pirates usually operate as a part of an organized crime network, such as JakartaGlobe in Indonesia. The warlords have intervened sending a good deal: traffickers living in Dubai or Yemen and fisherman are hired by gangs of pirates to execute criminal business. Foreign warships patrolling the area are creating some difficulties but the business is too lucrative to stop the traffickers.[23] Thus, it is clear that, if convictions of pirates in courts will not be successful, with many pirates walking away free, the threat of going to prison will not be a credible deterrent from piracy.

Furthermore, to combat piracy effectively means not only focusing on the pirates operating at sea but also changing the risk-reward equation for the ringleaders, clans providing support to pirates and agents providing intelligence from African ports. Further, it means reducing the freedom of movement pirates currently enjoy despite the private, national and international efforts. Piracy cannot also be defeated without the active cooperation of all the actors involved, including the regional governments.[24]

Pirates are well organised and resourced criminals. They rapidly adjust their tactics and manage to avoid naval patrols by operating farther offshore. Therefore, the holistic approach and the measures including military sea and land based anti-piracy action, preventive techniques used by the merchant vessels, strengthening law enforcement for the affective arrest and prosecution of pirates in the coastal countries, increasing cooperation between all counter-piracy actors and optimizing their efforts should be the priority to tackle evolving pirate trends and tactics. Equally, more significant impact should be made to eradicate the roots of piracy by building-up the capacity of the states and accelerating social and economic development. These measures in long term perspective can mitigate new developments in piracy, reduce its recent effect and contribute to the final defeat, enabling to declare that mare is liberum once more.


[1] United Nations Interregional Crime and Justice Research Institute, Freedom from Fear 3, Pirates of the XXI Century on the Treasure Hunt, April 2009, p. 31.

[2] Ibid., p 48.

[3] United Nations Convention on the Law of the Sea, 10 December 1982, Article 101.

[4] International Chamber of Commerce, Piracy & Armed Robbery News & Figures,3 December 2012,available at: http://www.icc-ccs.org/piracy-reporting-centre/piracynewsafigures, [accessed 19 December 2012].

[5] International Chamber of Commerce, IMB Reports Drop in Somali Piracy, but Warns Against Complacency, available at: http://www.icc-ccs.org/news/811-imb-reports-drop-in-somali-piracy-but-warns-against-complacency,[accessed 19 December 2012].

[6] Ibid.

[7] International Chamber of Commerce, Piracy & Armed Robbery Prone Areas and Warnings, available at: http://www.icc-ccs.org/piracy-reporting-centre/prone-areas-and-warnings, [accessed 18 December 2012].

[8] International Maritime Bureau, Global Piracy Report 2011, available at: http://www.ibm.com/investor/pdf/2011_ibm_annual.pdf, [accessed 19 December 2012].

[9] Supra note 8.

[10] Ibid.

[11] Supra note 5.

[12] Council on Foreign Relations, Combating Maritime Piracy, available at: http://www.cfr.org/france/combating-maritime-piracy/p18376,[accessed 18 December 2012].

[13] Supra note 5.

[14] One Earth Future, The Economic Cost of Maritime Piracy, Working Paper, December 2010, available at: http://www.cfr.org/france/combating-maritime-piracy/p18376, [accessed 18 December 2012].

[15] World, Private Guards Kill Somali Pirate For First Time, 24 March 2010, available at: http://www.huffingtonpost.com/2010/03/24/private-guards-kill-somal_n_511143.html, [accessed 19 December 2012].

[16] Supra note 14.

[17] Council on Foreign Relations, Smarter Measures in Fight Against Piracy, 10 December 2010, available at: http://www.cfr.org/somalia/smarter-measures-fight-against-piracy/p23611, [accessed 19 December 2012].

[18] Supra note 14.

[19] Supra note 5.

[20] Supra note 15.

[21] Supra note 14.

[22] Ibid.

[23] Supra note 1, p. 13.

[24] Supra note 17.

* Photo of Mohamed Dahir / AFP – Getty Images

The Troubled Waters of India: Problem of Sea Piracy and the Law

Written by Garima Tiwari

Sea Piracy – a not very talked about subject and also not understood well because it doesn’t directly affect the daily lives of most people. But it is a major concern for shippers, insurance agencies, underwriters, crews and cargo owners and it does ultimately affect all consumers because it can drive up the price of goods, including oil, other commodities and manufactured products. In a way, shipping companies have pretty much been on their own to cope with piracy. Then national navies took up the cause, with loosely coordinated patrols to waive off pirates. This cooperation was enhance by reporting mechanisms and armed guards on ships. Then armed guards came on commercial vessels. Most guards are from private maritime security companies, and some came from host militaries.[i] This issue of confused safety regime came much into light in February 2012, when the Italian Marines based on the tanker Enrica Rexie allegedly fired on an Indian fishing trawler off Kerala, India killing two of her eleven crew. The Marines allegedly mistook the fishing vessel as a pirate vessel. The incident sparked a diplomatic row between India and Italy. [ii] Enrica Rexie was ordered into Kochi where her crew were questioned by officers of the Indian Police.

It must be noted that currently, India does not have a separate domestic legislation on piracy despite the fact that India is a signatory to both United Nations Convention on the Law of the Sea adopted by the United Nations on the 10th December, 1982 and 1988 Suppression of Unlawful Activities Convention. [iii]

In the absence of a dedicated legal mechanism; normally the pirates are charged under the Indian Penal Code(IPC) with Trespassing (Sections 441 & 447), Waging War Against the Country(Section 121), Attempt to Murder(Section 307) and Armed Robbery(Sections 397 and  398) and other laws such as Foreigners and Passport Act. Besides these, certain provisos of the archaic British Admiralty Law were also invoked. An attempt to repeal this vintage Admiralty Law with was initiated in 2005 through a draft Indian Admiralty Bill. Also the UN General Assembly Resolution 64/71 of 12 Mar 2010 which urged all member states to take necessary steps under their national law to facilitate the apprehension and prosecution of personnel who are alleged to have committed acts of piracy. The resolution also called for cooperation with the International Maritime Organization by adopting appropriate procedures including adoption of national legislation.[iv]

Given the increasing incidence of piracy, including within India’s Exclusive Economic Zone, and the increasing number of pirates apprehended by the Indian Naval forces, a need was felt for a domestic legislation on piracy which could provide the necessary legal framework within the country for prosecution of persons for piracy related crimes and in response the Piracy Bill 2012 has been laid.[v] India is not the only country grappling with the intricacies of law dealing with piracy and therefore, the bill might be of some help to other countries in need of it.

Following are some of the features of the Bill:

  1. Definition of Piracy is verbatim from the United Nations Convention on the Law of the Sea, 1982.
  2. Punishment: An act of piracy is punishable with imprisonment for life except where the accused has caused death in committing the act of piracy or attempt thereof in which case he may be punished with death and in addition the Designated Court may also subject to any restitution or forfeiture of property involved in the commission of the offence. On one hand, there is a demand for abolishing death penalties at all forums, including death as a punishment might not be taken well by the international community at large.
  3. An attempt to commit piracy or any unlawful attempt intended to aid, abet, counsel or procure for the commission of an offence of piracy shall also constitute an offence and is liable on conviction to be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine. In addition, an accomplice to an act of piracy shall be liable on conviction to be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.
  4. Extradition and Reciprocity: The offence shall be deemed to have been included as extraditable offences and provided for in all extraditable treaties made by India. In the absence of a bilateral extradition treaty, the offences under this Act shall be extraditable offences between India and other Convention States on the basis of reciprocity.  What is interesting here is that for the purposes of application of the provisions of the Extradition Act, 1962 to the offences under this Act, any ship registered in a Convention State shall, at any time while that ship is plying, be deemed to be within the jurisdiction of that Convention State whether or not it is for the time being also within the jurisdiction of any other country.
  5. Extension to Exclusive economic Zones: It is also for the first time that the Indian jurisprudence is being extended beyond the territorial waters with particular reference to the Exclusive Economic Zone(EEZ) of India. This might raise some debate since the contiguous zones and EEZ for all practical purposes are considered as high seas except for certain environmental, fiscal related purposes and for the use of maritime resources by the coastal state.
  6. On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. A seizure on account of piracy may be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorised to that effect.

The Bill seeks to address the ambiguous nationality issues of Somali pirates[vi] operating from a dysfunctional territory by including stateless persons under the ambit of the legislation. The second issue that has been dealt with is the ‘two ship dilemma’ when one or more of the crew members directly or indirectly facilitate an act of piracy. It also allows for inabsentia prosecution of the offences, and also provides for dedicated Sessions Court under each High Court through a consultative process with stringent bail provisions.  An interesting aspect of the Bill is that it puts the onus of proving the innocence on the accused, instead the basic caveat of ‘being innocent until found guilty’.[vii]

In addition there are some talks on coping with the problem like India, Sri Lanka and Maldives will soon sign a trilateral agreement on maritime cooperation to pool resources and share data in the region for better control over the territorial waters, and detect suspicious movements. The agreement aims for cooperation in carrying out surveillance, anti piracy operations and in curbing illegal activities including maritime pollution. A key aspect of information sharing is Maritime Domain Awareness. India had also agreements with Royal Thai and Indonesian naval forces to conduct coordinated patrolling in the east, around the region of the Malacca Straits.[viii]

While the law and agreements are in pipelines, an issue that came up sometime back was whether private military security companies (PMSC) are proving successful. It is agreed that there are many benefits of the PMSC but, the limitation comes from the lack of clear rules of engagement (ROE) on the use of force at sea and the consequences the contractors might face. There is a particular need for greater awareness of the consequences of opening fire against suspected pirates and insurgents who are subsequently found to be innocent. This is evident in light of the incident when the Italian guards wrongfully killed the fishermen.Accidental death or injury, for instance, could expose contractors, and conceivably those that employ them, to exorbitant liability claims and, worse, criminal charges as happened in India. [ix]

It is critical therefore, that a solid international legal framework regulating the use of PMSCs and their ROEs is developed. A  strong law, is definitely needed to avoid the ambiguities yet as the challenge is clearly beyond the capability of national navies alone, collaboration with the shippers is essential to getting control of this problem. Lacking international agreement to address the problem could, in the worst cases, lead to conflict.


[i] Lawrence P. Farrell Jr., Piracy: A Threat to Maritime Security and the Global Economy, November 19, 2012 available at http://www.marsecreview.com/2012/11/piracy-a-threat-to-maritime-security-and-the-global-economy/

[vi] A Template for Those at Risk: India’s Response to Maritime Piracy 2010-11 by  Swadesh M Rana, OEF Project Adviser and Focal Point for South Asia available at http://southasia.oceansbeyondpiracy.org/sites/default/files/a_template_for_those_at_risk_indias_response_to_maritime_piracy_2010-11v3.pdf

[ix] Peter Chalk  , Private Maritime Security Companies (PMSCs) and Counter-Piracy available at http://www.counterpiracy.ae/upload/Briefing/Peter%20Chalk-Essay-Eng.pdf

Clear Waters Ahead: National Piracy Prosecutions in Italy and the US

Written by: Regina Paulose

The United Nations Convention on the Law of the Sea (UNCLOS), considered to be customary international law, defines an act of “piracy”[1] as any one of the following acts:

(a) 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: (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b) Any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(c) Any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).[2]

The punishment for piracy is left up to the state that captures the pirates.[3]  Under the US Code, piracy is defined as, “whoever on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life.”[4]  Prior to the recent cases that have been filed in Federal Court, the governing case was US v. Smith (from 1820) which interpreted piracy as “robbery at sea.”[5]

While things remained quiet with regards to the interpretation of sea piracy laws in the US, the decision in US v. Said disturbed the status quo waters. A federal judge dismissed the charge of piracy at the pre-trial stage, interpreting piracy to narrowly mean a “robbery at sea.”[6] The prosecutor filed an interlocutory appeal, and the Appeals Court remanded the case for proceedings to be consistent with US v. Dire.[7]

In US v. Dire, the defendants, a group of Somali pirates, approached a vessel assuming it was an unarmed merchant vessel.[8] Dire and two other defendants on the skiff were armed and began shooting at the vessel, which was actually the USS Nicholas on an anti-piracy mission. The defendants attempted to flee after the crew of the Nicholas returned fire, but were caught before reconnecting with its mothership. There were two more defendants aboard the mothership who were also apprehended. During questioning the defendants each separately confessed the scheme to hijack the vessel.

The defendants on appeal asserted that their attack did not amount to piracy under USC 1651 because it was not a “robbery at sea.”[9] In summary, the Appeals Court disagreed and found that USC 1651 “incorporates a definition of piracy that changes with advancements of the laws of nations.” Further, piracy under the law of nations encompasses the violent conduct of the defendants.[10]

The Dire decision should  allow the Said court to reconcile its decision in light of the analysis made in Dire. This should make the laws in the US consistent with regards to the interpretation of what piracy constitutes.

In the EU, Italy has also begun national prosecutions of pirates. The newest piracy cases to emerge in Italy are the Montecristo Hijack trials and the Valdarno.[11] In October 2011, the Montecristo, an Italian cargo ship carrying scrap metal, was attacked by Somali pirates.[12] The crew “sealed” themselves off in the citadel room. The crew continued to watch the pirates attack the ship with RPG’s from the citadel. The pirates boarded the Montecristo. When a helicopter was heard outside, the crew fired flares and flashed SOS signs to indicate they needed help. They were rescued by British and US warships who then arrested the pirates onboard the Montecristo.[13] The pirates were brought to Italy for trial and were charged with “attempted hijacking” among other charges.[14] The Somali pirates were convicted and sentenced between 16 to 19 years.

In Valdarno, the pirates were not able to board the vessel, but attempted to stop the vessel by firing at it. They were apprehended by the Italian military on board a Yemeni ship, thus making one of the critical issues whether Italy had proper jurisdiction. This issue was not flushed out in litigation because the defendants accepted plea deals.[15]

All of these cases point to a possible increase in national prosecutions of piracy cases. These cases indicate that the emerging jurisprudence seems to be consistent with international norms and that countries are willing to prosecute these criminals. This should come as good news to the Kenya Piracy Court which claimed in 2010 that it would “stop prosecuting piracy cases” unless other countries were willing to “share the burden.”[16]  The importance of the Kenya Court should be emphasized. The cases prosecuted by Kenya have been used in decisions such as Dire to further illustrate what the legal norms and the exact contours of piracy are.

In light of these cases, perhaps one important discussion the international community should take the time to have is what kind of sentences and plea offers should be acceptable in piracy cases. While each case will have a different set of facts, the trends in litigation indicate that challenges to jurisdiction are extremely common. If sentences are similar it would prevent defendants from “forum shopping.” All the defendants in the cases discussed so far are from Somalia. Many of them are motivated to engage in this behavior because of the lack of opportunities and the quick availability of funds. It is important that during sentencing national judges also consider incorporating educational and opportunities for rehabilitation (if needed) if they exist within the prison system. Otherwise, once the pirates have served their sentences, they will return to venture out to the high seas for work again.


[1] This definition is similar to the 1958 UN Convention on the High Seas

[2] UNCLOS Article 101

[3] UNCLOS Article 105, “On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.”

[4] 18 USC §1651

[5] US v Smith 18 US 153 (1820)

[6] US v. Said, 757 F. Supp. 2d at 556- 57, See Douglas Guilfoyle, “Prosecuting Pirates in national courts: US v. Said and piracy under US law” EJIL: Talk! August 23, 2010) available at: http://www.ejiltalk.org/prosecuting-pirates-in-national-courts-us-v-said-and-piracy-under-us-law/. See also Professor Eugene Kontorovich, who argues that the lack of a definition was because Congress foresaw changes to the definition in “Piracy Charges dismissed by Federal Judge” The Volokh Conspiracy blog, (August 17, 2010), available at: http://www.volokh.com/2010/08/17/piracy-charges-dismissed-by-federal-judge/

[7] US v. Said, US Court of Appeals Fourth Circuit, No. 10 -4970, May 23, 2012, available at: http://www.ca4.uscourts.gov/opinions/Published/104970.p.pdf

[8] These were the facts presented at the trial of the defendants. US v. Dire, No. 11-4310, 4th Circuit Court of Appeals, May 23, 2012, 5.

[9] Dire at 9

[10] Dire at 41

[11] Enzo Mangini, Somali Pirates Sentences, November 28, 2012, Maritime Security Review, http://www.marsecreview.com/2012/11/somali-pirates-sentenced/

[12] Maritime Security Review, Vessel Re-Taken, October 11, 2011, available at: http://www.marsecreview.com/2011/10/vessel-taken/

[13] This is the reported testimony presented during trial by the crew members aboard the Montecristo.  Enzo Mangini, Montecristo Hijack Trial, October 26, 2012, available at: http://www.marsecreview.com/2012/10/montecristo-hijack-trial/

[14] Italian Prosecutor Scavo charged the pirates under Italian Navigation Code Article 1135.  See also Matteo Crippa, Historic Piracy Trial Opens in Italy, March 27, 2012, available at: http://piracy-law.com/2012/03/27/historic-piracy-trial-opens-in-italy/

[15] Mark Lowe, “Italy Jails More Somali Pirates” Maritime Security Review, December 4, 2012, available at: http://www.marsecreview.com/2012/12/italy-jails-more-somali-pirates/

[16] BBC, “Kenya Opens Fast Track Piracy Court in Mombasa” June 24, 2010 available at: http://www.bbc.co.uk/news/10401413