Maritime Piracy as a Violation of Human Rights: A Way Forward for its Effective Prevention and Suppression?

Abstract

This article analyses the regulation of maritime piracy from a human rights perspective. After a brief historical development of piracy in international law, the article highlights the key weaknesses inherent in the current legal framework as represented by the United Nations Convention on the Law of the Sea 1982 and the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation 1988, and explains how international human rights law can alleviate some of these problems. Finally, key obligations imposed upon states as well as a challenge posed by extraterritorial application of human rights law will be analyzed.

Keywords: piracy, human rights, law of the sea