Upcoming Event: Second International Counter-Piracy Conference – Dubai, 27-28 June 2012

May 30, 2012 by 4 Comments

As announced during the anti-piracy chapter of the recent London Conference on Somalia, the United Arab Emirates will host its second International Counter-Piracy Conference next month. The event, which follows a similar initiative convened in April 2011, will be held in Dubai, UAE on 27-28 June 2012. The Conference aims to further advance public-private coordination and partnership to combat maritime piracy, bringing together high-level government officials from more than 50 countries, senior representatives of international organizations and CEOs from leading global companies from maritime-related businesses. The UAE, the current chairman of the Contact Group on Piracy Off the Coast of Somalia, has since long engaged in counter-piracy initiatives in the Gulf of Aden and the larger area of the Indian Ocean.

The official website of the Conference can be found here. Notably, some of the main presentations and position papers are already available, giving a sneak preview of the upcoming debate.

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Somaliland’s New Anti-Piracy Law

April 30, 2012 by Leave a comment

The semi-autonomous region of Somaliland has become an increasingly important ally to shipping states in resolving the present quagmire in piracy prosecutions in the Gulf of Aden. In the buildup to t­­­he recent London Conference on Somalia, Somaliland passed legislation criminalizing piracy within its judicial system. It is based to a large degree on the UN Convention on the Law of the Sea definition of piracy with some important differences. The Anti-Piracy Law, together with legislation contemplating the transfer to Somaliland from other States of convicted offenders, were signed into law by Somaliland’s President last month. While not directly referring to piracy repression measures, the Prisoners Transfer Law already facilitated the transfer of several convicted Somali pirates from other countries in the Gulf of Aden region currently carrying out piracy prosecutions, particularly the Seychelles. The passing of both Laws signals Somaliland’s commitment to combat maritime piracy off its coast and elsewhere in the region in its growing engagement with the international community in a quest for international recognition. More importantly, the Laws fill a lacuna in Somalia’s out-of-date and politically-motivated legal framework, as applicable to Somaliland pursuant to Article 130(5) of its 2001 Constitution. The new Law is a case study in the potential hazards in partial implementation of UNCLOS terms.

Under the previous applicable legislation, particularly Somalia’s 1962 Penal Code, acts of piracy and armed robbery at sea where arguably punishable as armed robbery (Article 484), extortion (Article 485) and kidnapping (Article 486). Additional issues arose in connection with the applicable forms of participation to these crimes as well as the punishment of inchoate crimes. Recourse to the 1975 Kidnapping Law, adopted during the military dictatorship, was particularly problematic due to the possible unconstitutional breach of fundamental human rights by its provisions, which also included the jurisdiction over this crime by a special national security court. Finally, Articles 205-206 of the 1959 Somalia Maritime Code criminalize piracy and mutiny carried out by ship masters and crews. However, these articles do not provide sufficient legal basis to contrast the current pirates modus operandi in the Gulf of Aden, where pirates often operate off small and unregistered skiffs and without a formalized chain of command. An excellent analysis of the inadequacy of both Somalia and Somaliland previous anti-piracy legal framework can be found at Somaliland Law.com.

First and foremost, it has to be noted how the Anti-Piracy Law eliminates within its judicial system the customary law distinction between piracy and armed robbery at sea, defining any attack within Somaliland territorial waters as “piracy” (Article 2(1)(c)). The new Law also repels Articles 205-206 of the 1959 Maritime Code (Article 13, see also Article 9) and affirms the applicability of the 1962 Penal Code for matters not specifically dealt with within the Law (Article 14), for instance with regard to forms of participation in the commission of the crime. More importantly, the Law introduces a term of imprisonment of 5 to 20 years (Article 4) without the possibility of conversion of a sentence into a fine (Article 10). In the case of murder, the provisions of Article 434 of the Penal Code, which provides for the death penalty, will apply. In addition, the Law has expanded the definition of piracy set forth in UNCLOS by adding two forms of participation: ‘willful participation’ and ‘aiding’ piracy.

Article 2: Definitions

A. An act of Piracy means:

1. Any illegal act of violence or detention or depredation committed by the crew or the passengers of a private ship or a private aircraft or by armed pirates for the purposes of illegal financial gain and directed:

a) on the high seas, against a ship or aircraft, or against persons or property on board such a ship or aircraft;

b) against a ship, an aircraft, a person or property on board a ship or an aircraft in a place outside the jurisdiction of any state;

c) against a ship, an aircraft, a person or property on board a ship or an aircraft within the territorial waters of the Republic of Somaliland.

2. Any act of willful participation in an act directed knowingly as a pirate’s attack against a private ship or private aircraft.

3. Any act which incites or facilitates or aids piracy as defined in Clauses 1 and 2 of this Article.

4. Similarly, any act of piracy directed at or by a warship or military aircraft or a government ship or aircraft whose crew takes over its control by means of a mutiny and commits acts of piracy as defined in (this) Article 2 of this Law.

B. Ship means any sea vessel including ship, boat, speed boat, launch, canoe or any other sea vessels which are used for acts of piracy.

Law on Combating Piracy – LAW NO. 52/2012

(Unofficial Translation – Courtesy http://www.somalilandlaw.com)

Definitions of Piracy

Article 2 of the Anti-Piracy Law reproduced in extenso above mirrors the provisions of Article 101 of UNCLOS, with the exception of some small but notable differences. Article 2(1) expressly refers to actions of “armed pirates”. Article 6(1) only briefly expands on this notion, identifying pirates as “persons who intend to commit the acts of piracy referred to in Article 2”. Article 2(1) also identifies “illegal financial gains” as the purpose of the acts of piracy thus providing a narrower, though more precise, definition than the customary “private ends” requirement contained in UNCLOS.

Article 2(2) is particularly interesting in that it removes the traditional direct link between acts of piracy and the use of a ship. Because of its wording and its location within the Law, Article 2(2) appears to replace Article 101(b) of UNCLOS which refers to “any act of voluntary participation in the operation of a ship”. Some authors have noted a possible lacuna in the punishment of direct perpetrators of acts of piracy created by the departure from Article 101(b) UNCLOS, which is also referred to as punishing “cruising with pirate intent”. This has prompted a call for an amendment to the Anti-Piracy Law to include this latter provision. However, it is also arguable that Article 2(2) is an entirely novel provision expanding the criminalization of piracy to encompass the responsibility of pirate kingpins and middle-men operating from dry land. Indeed, these types of  criminal conduct might not always fall under the provisions of Article 2(3) of the Law, as well as Article 101(c) UNCLOS, which criminalize inciting as well as internationally facilitating piracy.

Somaliland Territorial jurisdiction

Further to the comment above concerning the abandonment of the customary term of “armed robbery at sea”, pursuant to Article 5 of the Law, Somaliland Courts will have jurisdiction over any offence of piracy committed within Somaliland sea or in an area outside the territorial waters of any other country. In this regard, pursuant to Article 8, the Somaliland Coast Guard have the power to seize ships and to arrest and investigate suspected pirates.

Confiscation of Pirate Property

Article 11 of the Law provides for the confiscation of property seized from pirates. The main goal of this provision, also contemplated by the UNCLOS, is to drain off the resources of pirates’ cartels by removing their main revenues, including equipment and paid ransoms. However, further consideration has to be given to the  full extent of application of this rule, particularly with regard to ships seized by pirates and subsequently used in connection with pirate attacks, for instance as mother ships. The strict application of this norm risks further depriving, even if just temporarily, the legitimate ship owners of costly assets, as well as of their cargo, upon it and its crew being freed from captivity. Crucial in this regard will be the interpretation of Articles 6(2) and 7 of the Law which, respectively refers to the status and the ownership of a pirated ship.

Conclusions

The general thrust of the new Anti-Piracy Law is to adapt Somaliland’s legislation not only to the established international norms, particularly the relevant UNCLOS provisions, but also to provide an effective tool to respond to the modern features of pirates attacks, as well as armed robbery within Somaliland’s coastal waters. The Law identifies relevant criminal conduct and provides a clearer definition of pirate ships. However, an opportunity has been missed for the provision of a more direct definition of pirates. The Law also clearly targets the financing and other actions in support of piracy (see also Article 3(4)). Yet, the Law risks paying too much tribute to the current factual circumstances of the pirates attacks taking place in the Gulf of Aden, departing from a more abstract legislative framework. In several instances, Somali-based pirates have already shown a peculiar capacity to adapt their modus operandi, as well as their targets, as the international community struggles to devise efficient deterrent measures, whether involving increased naval presence in the Gulf of Aden or the harmonization of national anti-piracy laws. With the implementation of the Somaliland Anti-Piracy Law we will soon have a chance to assess whether this criminal trend will continue evolving or whether the legislation managed to fill a long overdue legal gap. It also remains to be seen whether there will be continued political will in Somaliland, and support from the international community, to put this Law into action. Of particular interest will be whether Somaliland will take the responsibility to prosecute suspected pirates even if they are native to other regions within Somalia, particularly from Puntland.

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Privately Contracted Armed Security Personnel and Counter-Piracy: Is France at a turning point?

April 17, 2012 by 2 Comments

A guest post by Valerie Gabard. Valerie is a French national with notable experience in both French and International Law. Previously, she was a legal officer at the Extraordinary Chambers in the Courts of Cambodia. She is currently a legal officer at the International Criminal Tribunal for the Former Yugoslavia. Valerie is also a regular contributor to the Bulletin of the French Society for International Law.

The number of recent blog posts on the issue of Privately Contracted Armed Security Personnel (PCASP) undeniably shows the growing role of PCASP as a piracy deterrent. As mentioned in an earlier post, the United States strongly supports the use of PCASP as an efficient means of containing piracy. In Europe, there is no harmonized position either at the European Union level, or among the individual States. As opposed to Great Britain, France has repeatedly expressed reluctance to rely on PCASP to protect French vessels against pirates’ attacks. So far, the French response has been limited to the on board deployment of Vessel Protection Detachments (VPDs) composed of professional soldiers. Until very recently the organization of French ship-owners (les armateurs de France) showed the same lack of enthusiasm with respect to the use of PCASP. Nevertheless, the deployment of VPDs appears insufficient to ensure the security of all French vessels traveling through the Gulf of Aden. As a result, French ship-owners recently changed their standpoint and began supporting the use of PCASP. This development may lead the French government to review its current position on the matter.

In late February 2012 a statement from the organization of French ship-owners noted the limits of the VPDs in protecting crew members and the urgent need for alternative solutions. They expressed strong support for a report filed by two members of the French National Assembly. The report underlines the need to reform French Law in order to allow the use of private security companies and to create a proper legal framework for their activities. According to its authors, the report aims to end a French taboo that traditionally associates private security with mercenary activities. The report underlines that the use of private security actors is a phenomenon that cannot be ignored at the international level, especially in the field of piracy, and that private security services have a potential worldwide market value of up to 200 billion USD a year. It further suggests that France should legislate to create a proper legal framework that would ensure transparency and address the responsibility of private security firms in contrast with the current legal limbo. Noting that there is a real and immediate need for private security on board French vessels, the report proposes that counter-piracy could be an area in which the use of PCASP can be tested with a view to possible broader application in the future. It also points to the increasing role of PCASP in the fight against piracy and the fact that French ship-owners may turn to British firms for protection if France does not react adequately. The report notes that although the number of French private security firms is still very low (around 10 to 15), there are important business opportunities in this field. The report is not naïve as it underlines the economic implications behind authorizing private security actors to counter piracy. It implies that France’s position against PCASP is untenable at the international level. With or without France, the number and scope of PCASP will increase in the fight against piracy. It is now up to France to decide whether to create a proper legal framework and be part of it or be left behind. The economic pressure represented by French ship-owners may force the French authorities to review their present position on the matter. While there is still no official position it is clear that France is now at a turning point and that there is an urgent need to take decisions on the matter. With the presidential elections looming, it is nevertheless not expected that an official position will be taken before the summer, at very least.

The debate around PCASP in France does not impact or call into question the current French military involvement inthe fight against piracy. This remains the main tool of the French counter-piracy policy and France recently reaffirmed the importance it attaches to a military deterrrent in the Gulf of Aden. Indeed, since April 2012 France assumed command of European Union Naval Force (EU NAVFOR) Atlanta counter-piracy mission off the coast of Somalia. This is the second time that France has held command of the EU NAVFOR Task Force. It is also worth noting that the Council of the European Union has extended the mandate of the EU NAVFOR until December 2014 and has increased the area of operations to include Somali coastal territory and its internal waters.

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Historic Piracy Trial Opens in Italy

March 27, 2012 by 1 Comment

Another landmark piracy trial involving alleged Somali pirates opened on 23 March 2012 in Rome. The trial is the first international piracy trial taking place in Italy, mirroring similar trials already held in France, Germany, the Netherlands, Spain and the US, among others, in addition to “regional prosecutions” in the Seychelles and neighboring States in the Gulf of Aden. This trial provides a perfect opportunity to examine the interplay of international and municipal law as Italy has incorporated in its own fashion the relevant provisions of UNCLOS and the SUA Convention.

Factual Background – Citadel Saves Seafarers

Before reaching these legal provisions, it is important to have an understanding of the rich factual tapestry underlying this case. Nine suspected Somali pirates have appeared before the Court d’Assise of Rome in connection with the 10 October 2011 attack and highjack of the Montecristo, an Italian-owned cargo vessel, some 600 miles off the Somali Coast. At the time of the attack, the Montecristo was en route to Yemen transporting scrap iron from Liverpool, UK to Vietnam, The vessel’s twenty-three men crew was composed of Italians, Indians and Ukrainians. Among the seven Italians on board were four civilians with security tasks, although unarmed.

According to media reports on the incident, the pirates approached the Montecristo from two skiffs and a mothership, firing at the vessel before successfully boarding it. The vessel’s crew immediately sought refuge in a fortified citadel, from which it could control the engine and continue steering. Some 24 hours after the attack, the Montecristo and its crew were rescued by UK and US troops in a NATO Ocean Shield operation. The then Italian Minister of Defence has since indicated that, prior to the security blitz, Italy agreed with UK authorities to detain and try the perpetrators before its national courts. Despite the pirates managing to cut off the vessel’s means of communication, the crew was able to communicate with the naval authorities, apparently tossing a message in a bottle attached to a flashing beacon. With the crew out of harms’ way, the RFA auxiliary ship Fort Victoria and USS frigate De Wert headed to the rescue, launching a helicopter raid from the former. Eleven suspected pirates were found on board and surrendered without opposing any resistance. Four other suspects were later intercepted 200 miles off the Somali coast on an Iranian dhow deemed to be the pirate mothership from which the attack on the Montecristo was launched. Twenty Pakistani members of the hostage crew manning the hijacked dhow for the pirates were freed. Ladders and weapons were also found on board,  including a rocket-propelled grenade as well as life jackets from the Asphalt Venture, a Panama-flagged ship previously hijacked in 2010 and released after payment of a ransom. All fifteen suspected pirates were handed over to Italian authorities and their arrest confirmed. During the judicial investigation into the incident, two suspects from Pakistan were found to have been also previously kidnapped by pirates. They were therefore released by the Italian authorities.

Prosecutors have charged the alleged pirates with depredation and damage to a foreign vessel, kidnapping and illegal possession of weapons. According to the prosecutors, the pirates have connections with Al-Shabaab and the attack on the Montecristo was aimed at financing its terrorist activities and foster a campaign of obstruction of the free maritime transit in the Indian Ocean. The Italian government is participating in the trial as a civil party not only to emphasize the gravity of modern day piracy as communis hostis omnium but also to highlight its relevant social and economic costs vis a vis security and other prevention and deterrence measures. The trial will continue on 15 May 2012 with the testimony of the Montecristo’s captain as well as the captain of the Iranian dhow. The remaining four alleged pirates were previously found to be below 18 years of age and their case was therefore transferred to the juvenile courts. Their trial will commence on 2 April 2012, also in Rome, and will hopefully shed light on the phenomenon of the involvement and use of juveniles as pirates.

Notably, the highjack of the Montecristo triggered the deployment of military forces onboard Italian merchant ships as Vessel Protection Detachment to protect these against pirate attacks. Law N. 130 of 2 August 2001 allows for the deployment of both army personnel as well as contractors onboard commercial ships. As widely reported, two Italian marines on duty aboard the container ship Enrica Lexie are currently detained in Kerala, India in connection with the murder of two Indian fishermen during the shooting of a suspected pirate boat in the Indian Ocean. In 2005, Italy was the first nation to deploy one of its military ships off the Somali coasts, the frigate Granatiere, with anti-piracy tasks. Contrary to an increasing number of other States, Italy did not fully implement the provisions of L. 130/11 allowing privately contracted armed security guards on board of merchant ships operating under its flag. Previously, 2 Italian-flagged ships, the oil tanker Savina Caylyn and the cargo ship Rosalia D’Amato were captured by Somali pirates and released only after the payment of ransoms.

Italian Anti-Piracy Legislation

In connection with the holding of these trials, it is worth highlighting the main anti-piracy norms currently in force in Italy with regard to piracy and armed robbery at sea. Italy ratified the 1982 UNCLOS by means of Law N. 689 of 2 December 1994 which also gives full execution to the Convention on Italian soil. Italy also ratified and gave full execution to the SUA Convention, adopted in Rome on 10 March 1988, with Law N. 422 of 28 December 1989. Article 3 of L. 422/89 introduced various terms of imprisonment for the crimes contained in the Convention. Italy first criminalized piracy by adopting its Navigation Code back in 1942. Articles 1135-39 of the Italian Navigation Code contain the relevant regime for the criminalization of piracy within the Italian judicial system. Notably, Articles 1135 provides as follows (unofficial translation):

Art. 1135 – Piracy

1.   The Master or Officer of a national or foreign ship, who commits acts of depredation against a national or foreign ship or its load, or for the purpose of depredation commits violence against any person on board, shall be punished with a term of imprisonment from ten to twenty years.

2.   For all the others members of the crew, punishment is reduced by a maximum not exceeding one third; for those individuals extraneous to the crew, the punishment is reduced to the maximum of a half.

Article 1136 is particularly interesting, criminalizing the suspicion of piracy where a ship is illegally equipped with weapons while lacking proper navigation papers:

Art. 1136 – Ship on Suspicion of Piracy

1.   The Master or Officer of a national or foreign ship, illegally equipped with weapons, who sails without proper certification, shall be punished with imprisonment from five to ten years.

2.   Para. 2 from art. n. 1135 applies.

This Article, although rarely utilized, does not find immediate comparison within the UNCLOS provisions relevant to the repression of piracy. As elucidated below, its applicability is relevant as a matter of municipal legislation pursuant to the norms enshrined in Article 7 of the Italian Penal Code. Question arises, yet, on the basis of which national legislation, particularly when concerning Somali pirates, the illegality of weapon possession shall be assessed. Article 1137 instead refers to crimes committed within the Italian territorial seas and is relevant for the punishment of armed robbery at sea. Articles 1138-39 are also worth mentioning, criminalizing not only the seizure of a ship or an agreement to this end, respectively, but also providing for a harsher punishment regime for those who promote these acts.

Considering the charges against the suspected pirates, the oldest of which is of twenty four years of age, it has also to be noted that under Article 289bis of the Italian Penal Code, the crime of kidnapping in connection with terrorism carries a possible sentence of twenty-five to thirty years of imprisonment.

In addition, Article 5 of Law Decree No. 209 of 30 December 2008, relevant to Italy’s participation to several humanitarian and peace enforcement missions, originally established a series of criminal sanctions with specific reference to international maritime piracy. In particular, it states that crimes referred to in Articles 1135-36 of the Italian Navigation Code, committed either on the High Seas or territorial waters and covered by the EU NAVFOR ATLANTA mission, are punished in accordance with Article 7 of the Italian Penal Code, which allows the punishment of certain crimes committed outside the Italian territory by foreigners or national citizens. Pursuant to L. 422/89, Article 7 also applies for crimes contemplated in the SUA Convention. In accordance with Law Decree N. 61 of 15 June 2009, to be punished under this Article, the crimes committed off the coast of Somalia need to retain a link with national interests, for instance damage to Italian citizens or property. Furthermore, territorial jurisdiction for these crimes resides in the Ordinary Tribunal based in Rome.

Finally, in case of arrest for these crimes, Article 5, L. 209/08 extends the provisions of Article 9, para. 5, of the Law Decree N. 421 of 1 December 2001, relevant to Italy’s participation in the chapter of the Enduring Freedom mission in the Horn of Africa. Article 9 provides for the applicability of stricter procedures in cases where it is not immediately possible to bring the arrested individuals before the competent judicial authorities for the confirmation of their arrest. These provisions include the possible extension of further 48 hours after formal notification of the arrest and the use of audio-video conference means for interrogation, confirmation of the arrest and access to a defence lawyer in the place of temporary detention.

How will the prosecution charges play out in the Montecristo trial? Particularly relevant appears the piracy-terrorism link, specifically in relation with the funding of Al Shabaab. In this regard, the trial might become the first major trial discussing the link between the activities of the pirates and those of the militias which has been since long theorized but never so far clearly established.

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After the London Conference on Somalia: A First Appraisal of Counter-Piracy Measures

March 12, 2012 by Leave a comment

The much awaited London Conference on Somalia was finally held at Lancaster House, London on 23 February 2012. Fifty-five delegations attended the Conference, including the UK Prime Minister, David Cameron, the UN Secretary General, Ban-ki Moon and the US Secretary of State, Hillary Clinton as well as the leaders of various countries in the Gulf of Aden and East Africa region, such as Djibouti, Seychelles, Mauritius, Kenya and Tanzania. Leaders of Somalia’s Transitional Federal Government as well as of the breakaway regions of Puntland, Galmudug and Aluh Sunnah wal Jamaah (ASWJ) also participated. As anticipated, the self declared autonomous region of Somaliland attended the Conference, marking a major policy shift for the former British protectorate which deliberately stayed away from several previous peace conferences on Somalia. While the participation of all regions of Somalia was certainly a legitimating factor for the Conference, it is worth noting that the direct interests of Somalia were represented by 5 different delegations.

The Conference was meant to be a key moment in Somalia’s troubled history and called for a change in the international approach from the fruitless policies of the past 20 years. The Conference was preceded by much debate and a degree of controversy, particularly on the future of Somalia’s transitional federal institutions, whose mandate will end in August 2012. The Somali diaspora showed hope for more inclusiveness in building the political and economic landscape of the country. On the eve of the conference, in a bid to increase leverage of the decisions to be taken in London, the UN Security Council boosted the current African Union peacekeeping mission, raising its troop contingent up to 17000 soldiers.

The Conference registered a series of important political commitments from the stakeholders of the Somali cause, relevant to political, humanitarian, security and governance issues. Notably, leaders attending the Conference recognized the importance of empowering the Somali population and creating accountability for its political leadership, with the international community acting as a facilitator of the process. We will soon assess whether these commitments could turn into effective and practical action and what will be their contribution in shaping the future of this country. Not surprisingly, the fight against piracy occupied a prominent place in the discussion. Perhaps the most important aspect of the Conference in this regard was the acknowledgment that piracy in Somalia requires a comprehensive approach on land as well as at sea to tackle the root causes of piracy. This is a very important step. A military-focused approach of targeting pirates at sea coupled with limited judicial accountability measures could only provide a short term deterrent if not coupled with social development, economic growth and good governance. The underlying causes of piracy, but also its direct effects, are inextricably intertwined with all other problems affecting Somalia.

“We agreed that piracy cannot be solved by military means alone, and reiterated the importance of supporting communities to tackle the underlying causes of piracy, and improving the effective use of Somali coastal waters through regional maritime capacity-building measures.”

Some of the most encouraging developments of the Conference pertain to the immediate fight against piracy. These include the signing of important agreements enhancing the current plans by the international community to create a “cycle of justice”, or, as we called it, a “Globalized System of Criminal Justice”, where pirates are caught at sea, transferred to regional states for prosecution and, finally, imprisoned in Somalia. Hosting the Conference created momentum upon the UK’s own contribution to tackle piracy. The UK and Tanzania signed a memorandum of understanding allowing the UK Royal Navy to transfer suspected pirates apprehended at sea to Tanzania for prosecution. The UK also signed a statement of intent with Mauritius for the same purposes. These agreements are particularly relevant in light of Kenya’s current suspension of the transfer of suspected pirates for prosecution before its national courts. Plans for the imprisonment of pirates also registered some significant development. Puntland committed to the transfer of convicted pirates in the region to its prisons from August 2012. In an effort to enhance its anti-piracy strategy, Somaliland will also focus on improving its capacity to jail suspected and convicted offenders. Somaliland signed a ground breaking agreement with Seychelles for the transfer of convicted pirates to its prisons. In addition, Somaliland has recently passed a law declaring piracy illegal and making it an offense punishable by a maximum of twenty-five years. Somaliland previously limited prosecutions to charging alleged pirates with armed robbery.

“There will be no impunity for piracy. We called for greater development of judicial capacity to prosecute and detain those behind piracy both in Somalia and in the wider region and recognised the need to strengthen capacity in regional states. We welcomed new arrangements, which enable some states and naval operations to transfer suspected pirates captured at sea for trial by partners across the Indian Ocean region, and if convicted, to transfer them to prisons in Puntland and Somaliland which meet international standards. We noted the intention to consider further the possibility of creating courts in Somalia specialised in dealing with piracy.”

The first chance to evaluate the outcome of the London Conference will be, yet again, at another conference. Turkey, an increasingly growing ally of the Somali cause, will organize in cooperation with the UN the Second International Conference on Somalia. The conference will be held on 1 June 2012 in Istanbul. In addition, the UAE, the current chair of the Contact Group on Piracy off the Coast of Somalia. will host a second International Maritime Counter-Piracy Conference on 27-28 June 2012 in Dubai, further to an initial event hosted in April 2011. But the real work will be on the ground as attempts are made to execute the promises made at the conference, including exercising the rights and obligations set out in the newly minted transfer agreements.

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