Reform Proposals: Part 2, Apply Civil Aviation Laws to Piracy and Use the International Criminal Court to Try Pirates

Paul Hallwood and Thomas J. Miceli
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Thomas J. Miceli: University of Connecticut

Chapter 7 in Maritime Piracy and Its Control: An Economic Analysis, 2015, pp 86-96 from Palgrave Macmillan

Abstract: Abstract This chapter discusses two further reform proposals: first, to apply the principles embodied in international laws regarding ‘air-terrorism’ to the problem of piracy, and second, to use the International Criminal Court (ICC) to try pirates. As with the application of the SUA Convention, application of air-terrorism laws to piracy would substantially improve enforcement efforts compared to the Law of the Sea. Likewise, use of the ICC to try pirates, it is argued, would reduce the incentives of nations that apprehend pirates to release them in anticipation of the high cost of prosecuting them at home. The reason is that the cost of prosecuting pirates in the ICC could more easily be shared by all countries, thereby reducing the incentives for ‘capture and release.’

Keywords: State Parti; International Criminal Court; International Criminal; National Court; Rome Statute (search for similar items in EconPapers)
Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:pal:palchp:978-1-137-46150-6_7

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DOI: 10.1057/9781137461506_7

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