New Article on the MV Montecristo Trial

CHO Contributor Marta Bo has published a new article in the Italian Yearbook of International Law on the interplay between national and international law in the MV Montecristo trial.

The MV Montecristo, an Italian flagged bulk carrier, was hijacked by pirates on 10 October 2011 in international waters in the Indian Ocean about 620 miles east off the Somali coast. After being captured by British RFA Fort Victoria, operating under NATO Operation Ocean Shield, the suspected pirates were handed over and taken into custody by the ITS Andrea Doria, the Italian unit contributing to Operation Ocean Shield.

For our previous posts on the MV Montecristo incident and trial before Italian courts, see here and here.

The article scrutinizes the complex relationship between international law and national criminal law in the prosecution of piracy. It questions the suitability of the UNCLOS definition of piracy as a standalone legal basis for detention in light of the requirements of legal certainty that must be satisfied to permit the arrest and the “pre-transfer arrest” of piracy suspects.

Here is the link to the article (subscription required).

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