Document Type : Research Article

Author

Assistant Professor of Law, Faculty of Literature and Humanities, Malayer University, Malayer, Hamadan.

Abstract

The purpose of the present study is to examine whether or not the status of perpetrators of piracy is consistent with international humanitarian law and is covered by the Fourteenth Geneva Conventions of 1949. Pirates have become a major international shipping challenge in the international seas and waterways in the last decade. It seems that pirates never fall within the scope of these conventions and “humanitarian law”; in addition to historically assessing the status of offenders outside the law of war, there are also significant doubts. There is talk of “armed conflict” as the country's naval battle with pirates. In spite of this, the Third Geneva Convention can have some implications for the arrests of pirates. Arrested persons suspected of piracy may, in the event of compliance with this Convention, claim to be protected and demanded to be treated as prisoners of war. This is, of course, until such time as a competent court declares it inaccurate, and secondly, it merely affects how he was treated during his detention, but will not prevent his trial on charges of piracy under domestic law.

Keywords

A) Books & Articles
1)     Archibugi, Daniele and Marina Chiarugi (2014). “Looking for a Jurisdiction for Somali Pirates”, Italian National Research Council, IRPPS, Vol. 21, pp. 219-238.
2)     Brown, Kenneth B. (1997). “Counter-Guerilla Operations: Does the Law of War Proscribe Success”, NAVAL L. REV., Vol. 44, pp. 121-138.
3)     Chang, Diana (2010). “Piracy Law and the Effective Prosecution of Pirates”, Boston College International law Review, Vol.18, pp. 26-39.
4)     Detter, Ingrid (2017). “The Law of War and Illegal Combatants”, WASH. L. REV. Vol. 85 GEO, pp. 1046-1165.
5)     Elagab, Omer (2016). “Somali Piracy and International Law: Some Aspects”, A&NZ Mar LJ, Vol. 24, pp. 10-21.
6)     Falak, Dieter (2018). Humanitarian Law in Armed Conflict, translated by Seyed Ghasem Zamani and Nader Saed, fourth edition, Tehran: Shahr-e-Danesh Publishing. [In Persian]
7)     Ginkel, Bibi and Maggie Gardner (2012).“Testing The Waters: Assessing International Responses To Somali Piracy”, Journal of International Criminal Justice, Vol. 10, pp. 50-69.
8)     Guilfoile, Douglas (2007). “The Laws Of War And The Fight Against Somali Piracy: Combatants Or Criminals?”, International and Comparative Law, Vol. 59, pp. 137-149.
9)     Guilfoile, Douglas (2012). “Counter-Piracy Law Enforcement and Human Rights”, International and Comparative Law, Vol. 59, pp. 163-178.
10)  Passman, Michael H. (2012). “Protections Afforded to Captured Pirates Under the Law of War and International Law”, Int’l Legal Persp., Vol. 43, pp. 23-35.
11)  Petrusic, Michael (2007). “Comment, Enemy Combatants in the War on Terror and the Implications for the US Armed Forces”, N.C. L. Rev., Vol. 85, pp. 630-647.
12)  Richemond, Daphn (2007). “Transnational Terrorist Organizations and the Use of Fore”, CATH. U. L. REV. Vol. 56, pp. 1001-1121.
13)  Sharifi Taraz Koohi, Hossein (2016). International Humanitarian Law, Second Edition, Tehran: Mizan Publishing. [In Persian]
14)  Ziaee Bigdeli, Mohammad Reza (1997). “Law of War and Treatment of Prisoners of War”, Legal Journal, No. 8, Spring and Winter, pp. 45-64. [In Persian]
 
B) Websites
1)     Roland, Buerk,(2004) ''Pirates' K11 Bangladesh Crew'', BBC NEWS, Oct. 28, http://news.bbc.co.uk/l/hi/world/ south_asia/3961883.stm.pp 28-40.
2)     Bo-Mi Lim, (2006) ''Militants Who TookShip Deny Being Pirates'', ASSOCIATED PRESS, Apr. 5 http://www.benadirwatch. com/2006%2ONews/0405_Militantsdeny being pirates.pdf. pp 26-45.
 
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