An international lawyer makes a powerful claim on the origin of Somalia's Piracy

[NASSIR]

The most convincing argument I have read of the issues of piracy. Pls reflect on it deeply..

 

Monday, August 30, 2010

by Dr. Alexander Mezyaev

Link

The key legal question in the piracy cases is whether the international community is indeed encountering pirates and if it is "are they Somali pirates? The 1982 Convention states clearly that piracy is an act perpetrated in the open sea, that is, not in any country's territorial seas and adjacent zones. The 1982 Convention limited the maximal width of a territorial sea to 12 nautical miles(roughly 22 km), but Somalia had set its territorial sea width at 200 nautical miles (370 km) by its Law # 37 of 1972. The latter law establishes that only ships under the Somali flag or those with a license from the Somali government are authorized to sail or fish in the country's territorial waters. Similarly, several countries Congo, Benin, Ecuador, Salvador, Liberia, and Peru set their territorial sea widths at 12 nautical miles, meeting with no objections from others as there are no legal grounds for disputes over the matter. 

 

Problems arise in the case of Somalia solely due to the fact that the country has no effective central government, and the demise of the Somali statehood opens vast opportunities to loot its natural resources. Somalia was under pressure especially from France, Norway, and Spain - to scrap the 1972 law during the reign of Mohamed Siad Barre whose ouster in 1991 triggered the country's collapse. Several countries hoped the waters would be opened for fishing and, moreover, oil grands were also keenly interested in the region...... 

 

by Dr. Alexander Mezyaev,

Head of Chair of the International Law, Governance Academy (Kazan'), Strategic Culture Foundation expert, was published in International Affairs magazine.

[Burn Notice]

nice try

 

Universal jurisdiction or universality principle is a principle in public international law (as opposed to private international law) whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other relation with the prosecuting country. The state backs its claim on the grounds that the crime committed is considered a crime against all, which any state is authorized to punish, as it is too serious to tolerate jurisdictional arbitrage.

The concept of universal jurisdiction is therefore closely linked to the idea that certain international norms are erga omnes, or owed to the entire world community, as well as the concept of jus cogens - that certain international law obligations are binding on all states and cannot be modified by treaty.

 

Maritime piracy, according to the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, consists of any criminal acts of violence, detention, rape, or depredation committed for private ends by the crew or the passengers of a private ship or aircraft that is directed on the high seas against another ship, aircraft, or against persons or property on board a ship or aircraft. Piracy can also be committed against a ship, aircraft, persons, or property in a place outside the jurisdiction of any state, IN FACT PIRACY HAS BEEN THE FIRST EXAMPLE OF UNIVERSAL JURISDICTION

[NASSIR]

^The UNCLOS of 1982 gives nations bordering ocean an exclusive economic zone but the width it set conflicts with Somalia's Law # 37 of 1972. The law still applies to the present situation of lawless Somalia. The erstwhile resistance by several European nations against the Law # 37 is a reasonable cause why so many countries decided to violate Somalia's territorial waters after the regime collapsed.

 

Universal law also should apply to pirate fishing or the commercial offshore fleets which daily violate Somalia's exclusive economic zone.

 

Who should prosecute all violators? The criminal prosecution trials seem to be selective and applied only to Somali pirates. The UN secretary general Ban has confirmed real cases of the toxic dumpings and pirate-fishing but no real solution except international naval blockade and selective trials.

[Ismahaan]

Indeed.Somalia has since 1972 as Territorial Waters (TW) and – overlaying the same area – since1989 as Exclusive Economic Zone (EEZ) an area of 825,052 square km of Somali Waters and an additional 55,895 square km as Somali continental shelf zone (CSZ), forming the maritime dominion.

 

The sum of the total internal area of Somalia with its 637,657 square km and the TW/EEZ area together give a total of 1,462,709 square km of recognized total Somali area, which with the additional CSZ is expanding to the present Somali area of 1,518,604 square km. read more

 

cadeeyn

[N.O.R.F]

If there is nobody to govern legislation do these legal issues matter? Do they become null and void in the absense of a governing body?

 

Ps, I'm sure the pirates are well versed in international maritime and criminal law.

[Ismahaan]

The international community has to first and foremost respect Somalia’s sovereignty and laws. A paper signed without the knowledge of the Somali parliament in a secret meeting by the French Ambassadress to Kenya, Ms Elisabeth Barbier - for the EU - and by one individual Noor Hassan Hussein (aka cade), who was at the time a Prime Minister in the cabinet of former Somali transitional federal Government President Abdullah Yusuf Ahmed, is legally nil and void and does not give the navies of the European (NATO), American warships or any other vessels any permission in Somalia territorial waters. Article 10 of the Somali Law No. 37 clearly stipulates since 1972: “Foreign warships’’ as well as ‘’foreign merchant vessels’’ have no right to enter in Somali water or the territorial sea (i.e.200 nm) unless they are authorized by the Somali Government.

 

All vessels must stay outside the EEZ, i.e. the nautical miles (nm) zone of the Somali Indian Ocean coast and outside the 50%-part of the waters of the Gulf of Aden, which belongs to Somalia. The so-called international community certainly have violated this basic Somali law governing the Somali coast---period. :cool:

 

 

[NASSIR]

Ismahan, AlJazeera's documentary on the death of Italian journalist, Ilaria Alpi, sheds more light into the dark schemes of this business operation, mainly carried out by Italian mafia syndicates. The mysterious case of her death was more or less exposed by Ilaria's family members who had pursued it vigorously until they discovered useful elements that led to the arrest of one man in Italy.

 

What's even more surprising is the report authored by the financial controller of Italia's Development Aid. He went to Somalia to audit and monitor aid expenditures. In its procurement system, Mr. Franco discovered yet so many irregularities of the development aid. Aid projects that were initially intended for building irrigation channels in farming areas south of Mogadishu had been used to dispose of toxic materials. He immediately called for his government to suspend the aid program. Following that report, he was shot in the right leg in an attempt to assassinate him. That was five months prior to the murder of the Italian TV reporter, Ilaria Alpi and her cameraman.

[NASSIR]

Originally posted by N.O.R.F:

If there is nobody to govern legislation do these legal issues matter?

They matter big time brother just like Somalia's territorial integrity.

[N.O.R.F]

Originally posted by Ismahaan:

The international community has to first and foremost respect Somalia’s sovereignty and laws. A paper signed without the knowledge of the Somali parliament in a secret meeting by the French Ambassadress to Kenya, Ms Elisabeth Barbier - for the EU - and by one individual Noor Hassan Hussein (aka cade), who was at the time a Prime Minister in the cabinet of former Somali transitional federal Government President Abdullah Yusuf Ahmed, is legally nil and void and does not give the navies of the European (NATO), American warships or any other vessels any permission in Somalia territorial waters. Article 10 of the Somali Law No. 37 clearly stipulates since 1972: “Foreign warships’’ as well as ‘’foreign merchant vessels’’ have no right to enter in Somali water or the territorial sea (i.e.200 nm) unless they are authorized by the Somali Government.

 

All vessels must stay outside the EEZ, i.e. the nautical miles (nm) zone of the Somali Indian Ocean coast and outside the 50%-part of the waters of the Gulf of Aden, which belongs to Somalia. The so-called international community certainly have violated this basic Somali law governing the Somali coast---period. :cool:

Have you looked at the said law?

 

This is what it stipulates with regard to foreign merchant vessels:

 

Article 6 - Innocent Passage through the territorial sea

 

Subject to the provision of the Law, merchant ships of all nationalities are allowed passage through the territorial sea within the limits laid down by this law and the general principles of the international laws of the sea

Article 7 gives a definition of 'innocent passage'

 

Therefore, the argument that no ships are allowed to enter Somali waters (thus building an excuse for piracy) is a redundant one.

 

With regard to foreign ships entering Somali waters, article 10 - Warships, states the following:

 

Foreign warships are not allowed to pass through the territorial sea unless they are authorised by the Somali government

How is Cadde's authorisation null and void?

 

The Law

 

Nassir, with the same token, there are no legal grounds for piracy.

[NASSIR]

^I agree but I demand equal justice for all nations, which I'm sure you'll also agree with my above points.

[N.O.R.F]

^Goes without saying but Somalia's offshore issues will only be resolved when there is a functioning government. No one is going to do favours for Somalia if the favour means their respective countries lose out somehow.

[Ismahaan]

Originally posted by N.O.R.F:

For your information there is no such thing as an innocent passage in a war zone. Most foreigner vessels are busily stealing Somalia’s offshore resources, making millions off these illegal resources and taking the food out of the mouths of the poor. Article 8 ’’ Passage is innocent so long as it is not prejudicial to the peace, good order, health or security of the Republic’’. As you may be aware, since 1991, foreign vessels have been dumping hazardous waste on Somalia’s shores and are not as innocent as you think. These crises of the illegal fishing , waste dumping and the loud complaints of the Somali fishermen and civil society have been known to UN agencies and international communities all along but they have never took any positive action against these criminals activities. Simply the UN and the so-called international community do not care if the Somali people exist or not. I don’t know why you’re advocating for those criminals.

 

‘’ In case of violation of the above paragraph the Somali authorities may take any measures necessary to ensure its’’. Well Somalia has been without a functional central government since 1991 and therefore my question is legal issues” in a lawless county like Somalia? How does that work?

 

I am not making any excuses for the pirates and yes, some pirates are clearly just gangsters but I’m more and more concerned with the dumping of toxic waste in Somali water than piracy.

 

Last but not least, yes cadde’s authorisation is null and void because he can’t take decisions by himself or outside the cabinet if such a thing exists in Somalia.

[N.O.R.F]

I highly doubt Somali waters were ever classed as a war zone or part thereof.

 

Most foreign vessels simply pass through Somali waters. Granted some did pillage fish stocks and some dumped toxic waste but the ships hijacked have overwhelmingly been cargo ships just passing through (perfectly ok in Somali Law).

 

Where did I advocate for anyone?

 

The questions I raised on whether the legal issues raised in this thread are relevant was related to any supposed defence for the pirates (they don't have one).

 

Regarding whether Cadde's signature is null and void well this can probably be proven if you look at the TFG Transitional Charter. Do such decisions needs parlimentary/cabinet approval?

[Amistad]

Legal issues mean nada, zip & zero without an enforcement arm, via functioning government. The enforcement arm in Hobyo ARE the pirates!

 

So why cant this international warship flotilla be tasked for arresting poachers & hazmat dumpers?

[Ismahaan]

Originally posted by N.O.R.F:

I highly doubt Somali waters were ever classed as a war zone or part thereof.

 

Most foreign vessels simply pass through Somali waters. Granted some did pillage fish stocks and some dumped toxic waste but the ships hijacked have overwhelmingly been cargo ships just passing through (perfectly ok in Somali Law).

 

Regarding whether Cadde's signature is null and void well this can probably be proven if you look at the TFG Transitional Charter. Do such decisions needs parlimentary/cabinet approval?

With all my respect brother, Somalia has the longest coastline in Africa and indeed is a war zone country, a country at war with itself. The country has been without a functional government nearly 20 years and remains a failed state. The root cause of piracy in Somalia’s unprotected shores, are the foreign vessels that have looted sea resources, dumped toxic waste , and have destroyed Somali’s marine resources. According to the UN report, an estimated US$300 million worth of seafood is stolen from the Somali’s coastline each year by foreign vessels.

 

The country needs a stable government not foreigner warships who are looting Somali sea resources and/or dumping toxic waste into the Somali sea.

 

No, I haven’t read the TFG Charter and I don’t really want to waste my time because TFG barley controls few Block in Mogadishu. The TFG can’t even defend its borders nor protect its citizens let alone sign …treaties with foreign Nations. Thus in my humble opinion any treaties signed after 1991 is void and null. Because of the absence of a legitimate Somali government for the last 20 years, any treaties signed by an individual like Nor Cade or any other person will not be tolerated and honoured. Period.

 

Peace out