Title of article :
Analysis of the Action to Combat to Impunity of Modern piracy from the Perspective of International Law
Author/Authors :
Ansarian ، Mojtaba department of Law - Payam Noor University , Tayebi ، Sobhan Islamic Azad University, Science and Research Branch , Fathi Bornaji ، Marzieh Department of Law - Faculty of Humanities - Islamic Azad University, North Tehran Branch , Ehsanpour ، Reza Department of Criminal Law and Criminology - Faculty of Humanities - Shahid University
Abstract :
The crime of piracy as the oldest international crime has emerged in a modern way in recent years. In addition, piracy is one of the first and main crimes that have been subject to universal jurisdiction. Today, this crime has moved away from its classic way and has progressed to the point of a transformation. This has caused the United Nations Security Council, as the main pillar of maintaining international peace and security, to deal with it many times by issuing resolutions. Despite continuous efforts to prosecute the perpetrators of piracy in domestic courts, the international community has not been able to effectively deal with this phenomenon, because states are facing problems to suppress piracy, including the increasing human rights norms. For this purpose to fight against piracy, new and potential solutions have been proposed, including the establishment of a special international court, referring piracy to the International Criminal Court, as well as dealing with the crime of piracy as a terrorist crime through anti-terrorist conventions. In this regard, according to outcomes of this research, combat to modern piracy in the International Criminal Court can be considered the most effective and efficient way. Compiled with a descriptive and analytical method, by setting this outcome as a hypothesis and examining the characteristics and the limitations of combat to this crime, new and potential solutions of combat to impunity of modern piracy, especially in International Criminal Court, has been discussed.
Keywords :
Piracy , International Crime , Impunity , united nation Convention on the Law of the Sea , International Criminal Court
Journal title :
international journal of maritime policy
Journal title :
international journal of maritime policy