of 1

Portada 2 inglés

Published on: Mar 4, 2016

Transcripts - Portada 2 inglés

  • 1.   _________________________________________________________________________________________________________________     “The  application  of  the  Universal  Jurisdiction  above  acts  of  Piracy  and  Armed   Robbery  in  the  coasts  of  Somalia”     Cristina  Rodríguez  del  Valle  Pacheco     Public  International  Law   ________________________________________________________________________________________________________________                                                 Master’s  Final  Project.   Master  in  Legal  Practice.   February  2015.   ESADE  Business  School.       Abstract: Piracy around the Horn of Africa, based in Somalia, has affected the maritime routes close to the area between 2007 and 2013. Among the victims of attacks and hijacks by pirates there have been several Spanish ships (Playa de Bakio, Alakrana, etc.). They have been solved. Firstly, paying the ransom. Later with a coordinated multinational naval intervention that has captured many of the pirates. The risk to maritime traffic is over and now the few cases against the pirates become a surprise. Even having with the principle of universal jurisdiction, only four cases have passed through Spanish courts. One was transferred to Kenya based on a legally doubtful exchange of notes between that country and the European Union and the other three have been problematic. The Spanish courts were not clear with names and identities of the pirates, nor with the legal crimes for their convictions (as piracy had been deleted in the new Penal Code of 1995 and was later reintroduced). Neither scholars nor public opinion have complained for it or for a more outstanding fact: two thirds of the pirates have been finally freely released without any process as no court seemed willing to judge them. These few lines explore this mistery.

Related Documents