The Journal of Foreign Policy

The Journal of Foreign Policy

Scrutinizing International Law Mechanisms for Adjudicating Modern Pirates

Document Type : Research Paper

Authors
1 Associate Professor, Faculty of Law, University of Qom
2 PhD candidate, International Law
Abstract
Maritime Piracy has been emerged in the international community and in particular, the coast of Somalia and the Gulf of Aden, after the period of recession and silence. Piracy has been altered in some ways, which can rightfully be considered as the completely new step of piracy. The evolution of the piracy (modern pirate actions and ommissions) has made it necessary to clarify the legal mechanisms to know how to adjudicating them. Following the explanation of the “Modern” facor of modern piracy which shows the evolution in conception of piracy, the present paper, scrutinized the indication of international responsibility in respect of the international law of international responsibility and considered the jurisdiction of tribunals to clarify what is (are) the propriate way(s) to adjudicating them. The paper in hands, showed that, independent, individual and derivative responsibility (shared responsibility), should and must be considered in respect of the issue in question. Contribution of national legal systems and international law to dealing with modern pirates is considered as the keypoint to achieving the said goal. Logically, not occurring this contribution as a whole in combatting such pirates, dealing with this issue will not be fruitful.
Keywords