Maritime Piracy: Reality, Challenges, and Solutions (A Reading in Public International Law)

Abstract

This research examines maritime piracy as a grave crime that threatens international peace and security. It raises questions concerning the effectiveness of international legislation and treaties in combating this phenomenon, and the role of the UN Security Council in addressing it. The study aimed to clarify the efforts undertaken by public international law and relevant international institutions to counter this phenomenon. The researcher adopted both descriptive and analytical approaches. Findings indicate that the 1958 and 1982 conventions overlooked the capacity limitations of states unable to fight piracy within their jurisdictions. Furthermore, maritime piracy is not within the jurisdiction of the International Criminal Court (ICC), which weakens international accountability mechanisms. Piracy also disrupts navigation routes, increases transportation costs, and negatively impacts global oil trade. The crime’s proliferation is often linked to the collapse of legal systems in affected coastal states. The study recommends enhancing national legislation, supporting weaker states, authorizing the use of force against pirates, and including maritime piracy in the Rome Statute of the ICC to ensure international prosecution and justice.