PROSECUTING SOMALIA PIRATES AS TERRORISTS

• Main Author: ODHIAMBO E.O.S., ONKWARE K., KASSILLY J., NTABO O. M.
• Format: Article
• Language: English
• Published: Regional Department of Defense Resources Management Studies 2011-01-01
• Series: Journal of Defense Resources Management
• Subjects: piracy; terrorism; country development; Kenya Navy; Horn of Africa
• Online Access: http://journal.dresmara.ro/issues/volume2_issue2/04_odhiambo_onkware_kassill_ntabo.pdf

This article starts from the assumption that piracy resembles terrorism in many aspects and attempts to support it through both a theoretical investigation and practical examples. The argument it makes is that Somali pirates should be prosecuted as terrorists. Moreover, it emphasizes the idea that for Somalia’s neighboring countries and not only the implementation of such an approach consists in resorting to the antiterrorist conventions already in place. Thus, for example, Kenya Navy as a piracyfi ghting agency should rely on these conventions to justify the capture and prosecution of pirates in Kenyan courts. In this respect, we emphasize the idea that only by resorting to an established international legal framework can Kenya identify the tools to counter pirates’ actions within legal limits. Moreover, this should be paralleled by efforts towards rebuilding Somalia and its institutions if long-term solutions are to be envisaged in the eradication of piracy in the Indian Ocean. In conclusion, the article looks at the concepts of piracy, terrorism and development in the Horn of Africa, suggests that piracy is a form of Terrorism and, makes a series of recommendations.