Browsing by Author "Magwe, Lucas Joseph"

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    Piracy on the east African coast with reference to international and municipal law
    (University of Dar es Salaam, 2013) Magwe, Lucas Joseph
    This research paper intends to investigate the problem that hinders prosecution of suspected pirates on the East African Coast once captured in the higher seas. Primarily, this study will seek to investigate whether East African littoral States prosecute suspected pirates effectively with reference to international and municipal law. Indeed the United Nations Convention on the Law of the Sea (1982) with regard to the principle of universal jurisdiction on piracy spells out in clear terms the measures that ought to be taken in combating maritime piracy. To what extent these littoral states together with naval forces in this part of the Indian Ocean have been effectively apprehending and bringing suspected pirates before justice is yet to be seen. From that outset, it has been revealed that effective apprehension and prosecution of the suspects still has a long way to go in this part of the region. The main hurdle to trying suspected pirates in the national courts of the East African Coastal States has continued to be lack of the political will to prosecute among nations. Countries feel shy to prosecute people being suspected involving in piratical acts due to many considerations, more importantly being whether the attacks directly affect their national interests. Nations weigh whether the incident involve their vessels or nationals and where their national interests are not touched, they fear for burdens that might be associated with prosecution processes including detention, interrogation, transferring, handling of evidence together with other logistical issues.This study is based on two research questions: What really deter prosecution of suspected pirates after their capture on the high seas on the East African Coast and whether municipal legislations within the East African littoral states conform with international law particularly the UNCLOS (1982) regime.In its concluding remarks, this research paper recommends various ways that would contribute towards ending maritime piracy in this part of the region. It is suggested that littoral states should cooperate in criminalising the acts of piracy in their national laws so as to have uniform laws that complement with international law of piracy. Most importantly, this work argues that sustainable solutions towards ending the problem of piracy in the East African Coast will only come with recreation of a viable Somali state that will deliver essential services that include reducing poverty and creating opportunities. Increasingly, littoral states are called to strengthen efforts in conducting joint exercises that involve regular patrols and monitoring mechanisms in their areas of territorial sea and beyond. These efforts also involve sharing intelligence information on navigational issues especially maritime piracy.