ASIL-West: Piracy Off the Coast of Somalia: Challenges to Deterrence, Pursuit, and Prosecution
March 02, 2009
Co-sponsored by ASIL-West and Pacific McGeorge Global Center for Business and Development, this program will be a discussion of the significant challenges that modern-day piracy is posing for the world community.
Somali pirates have a lucrative business in the Gulf of Aden, one of the world's busiest shipping lanes, and also in the broad expanse of the Indian Ocean. The United Nations Security Council has passed resolutions authorizing states to take action to protect ships on the high seas and within the territorial waters of Somalia. However, despite patrols now in place from Great Britain, France, Germany, Turkey, Russia, India, China, South Korea, Iran, Canada, Malaysia, and the United States, the pirates are continuing to seize ships, hold hostages, and demand ransom. Many questions of international law arise from the pursuit and apprehension of the pirates: What is required under the law of the sea to board, search, and seize vessels or persons? Is it legal to pursue the pirates on land in Somalia? If apprehended, where can or should the pirates be tried? Does international human rights law prohibit trying the pirates in Somalia, which has a troubled legal system? Should there be a special international tribunal established to try cases of piracy?\
Commentary by special guest speaker Hon. Fausto Pocar (Appeals Chamber, ICTY and ICTR) will be followed by an open discussion by those in attendance with Judge Pocar and other experts, including Diane Marie Amann (UC Davis), David Caron (UC Berkeley), Linda Carter (Pacific McGeorge), Franklin Gevurtz (Pacific McGeorge), John Sims (Pacific McGeorge), and Beth Van Schaack (Santa Clara).
5:00 p.m. - 7:00 p.m.
California Reading Room, Pacific McGeorge