Secretary General Issues Report of Piracy Court Possibilities
July 17, 2011 Leave a comment
After several months of consultations with the relevant parties in Somalia and regional states that could assist with piracy prosecutions, the Secretary General has issued a report . My very brief synopsis: Somaliland, Puntland and the TFG in Mogadishu want any and all piracy courts to be based in Somalia, but disagree as to precisely where. Regional and national legislation will need to be enacted that is in accordance with the Somali Constitution. The UN may still provide international assistance in the form of judges, prosecutors and defence, and there is a preference to send members of the Somali diaspora to fill these posts. Although the report was requested in order to bring these courts into existence, the SG could not estimate with any precision the potential cost of these courts or the length of time it might take to lay the legal and logistical groundwork. In order to create a special Somali court, there will need to be agreement between the various factions and regions in Somalia as to legal basis and potentially the seat of the court. On the one hand, there is not a sterling track record for reaching consensus between these parties. On the other hand, the financial and security incentives that could arise from creating these courts may be a golden opportunity to initiate successful negotiations. See the full report here.