This Article argues that pirates should be treated as terrorists and that piracy-fighting countries should rely on a variety of antiterrorist conventions to justify the capture and prosecution of pirates. To provide a comprehensive outlook on piracy, Part I of this Article describes the history of piracy and its reappearance in the modern world. Part II briefly describes the resurgence of modern-day piracy, first in Southeast Asia and then in Somalia. Part III provides the current international legal framework for battling piracy, by focusing first on the definition of piracy in international law, and then on the existing international legal authority to apprehend and prosecute pirates. Part IV describes the existing options and solutions for fighting pirates, including domestic prosecutions, prosecutions in ad hoc tribuals, regional partnerships, and the aid of international maritime organizations. Part V advocates the need to fight piracy more aggressively, explaining the similarity between pirates and terorists. Finally, Part V also advocates the need to rebuild Somalia and its institutions, as this is the only permanent solution to eradicate piracy in this region of the world.
Fighting Piracy in Somalia (and Elsewhere): Why More Is Needed,
33 Fordham Int'l L.J. 372
Available at: http://ir.lawnet.fordham.edu/ilj/vol33/iss2/3