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86 Tul. L. Rev. 1111 (2011-2012)

handle is hein.journals/tulr86 and id is 1121 raw text is: Maritime Piracy and the Impunity Gap: Insufficient National Laws or a Lack of Political Will? Yvonne M. Dutton* Nations ar not prosecutmgpinicy suspects with anyregularity One reason cited for this cultur of impunity is the lack of domestic legislation to facilitate the prosecution of suspected puates. However universaljuisdiction overpiacyhas existed formore than one hundrd years, and most nations are parties to the United Nations Convention on the Law of the Sea (UNCLOS) and the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA Convention), both of which encoumge nations to cooperate n prosecuting acts of maritime piracy Given this legal famework should we not expect that nations would have domestic laws crninalizing phfacy and would use those laws to try the phates they have gone to such lengths to capture? This Article explors these questions by examining the domestic ant piracy laws h1 about fidy states for which information is available i English. The analysis supports a conclusion that on the whole states lack the political will to share m the burden of prosecuting pirates because relatively few states have enacted comprehensive antipiacy laws that include a framework for exercising universaljwsdiction over pirate attacks. The analysis also shows that the laws states have enacted may not be sufficient to allow for a successful prosecution for todayk pates. Although states may have many reasons to sit back and wait for others to prosecute mantime piracy offenses, this Article concludes that all states must embrace their duty to share in the burden ofprosecutingpiates, which means that all states must lfrst pass the necessary domestic laws cnminalzing maritime piracy I. INTRODUCTION. ............................ ..... 1112 II. THE INTERNATIONAL LEGAL FRAMEWORK GOVERNING THE CRIME OF PIRACY ............................1119 A. Universal Jurisdiction............... ....... 1119 B. UNCLOSf&PiracyProvisions....................... 1121 C The SUA Convention Pacy Provisions.... ..... 1126 III. THE PIRACY THREAT AND THE RESPONSE OF THE INTERNATIONAL COMMUNITY .............. ............... 1127 A. The Matitirne Piacy Problem ........... ...... 1127 B. CoordinatedAntipimcy Naval Operations and the Security Council ResolutionsAuthorizing and EncouragingAntpiracy Operations ......... ......1130 * C 2012 Yvonne M. Dutton. Faculty, University of San Diego School of Law; J.D. Columbia Law School; Ph.D., Political Science, University of Colorado at Boulder. I wish to thank the University of San Diego School of Law for providing a summer research grant to support this project. For research assistance, I thank Kian Meshkat. 1111

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