A Research On Military Strikes Against Somalia Pirates Involved In The International Law

Since 2007, Somali pirates make waves frequently in Gulf of Aden, a large number of vessels were hijacked, hundreds of millions of dollars ransom into the pockets of the pirates. The rampancy of Somali pirates has making the Gulf of Aden, even of the whole Somalia Sea, become the most dangerous waters of the world, casts a heavy shadow to the International Maritime to the context of the international financial crisis, and even brings serious risks to the peace and security of Africa and the world. Of course, the international community did not turn a blind eye to piracy in Somalia, the UN Security Council has passed five resolutions that authorizing States to go to the Gulf of Aden to combat piracy, many countries and relevant international organizations have respond to the resolutions. By the end of 2009, more than 40 countries from 20 countries have gathered in the Gulf of Aden to fight against Somali pirates together.In modern international relations,"the principle of prohibition of the use of force"has become one of the most important principles of international law. However, the prohibition of the use of force is not absolute, under exceptional circumstances of that principle, the use of force is permitted. To maintaining regional or international peace and security, United Nations Security Council has the right to take or authorize States to take force. That the current national force operations in the Gulf of Aden to combat piracy are collective actions with the authorization of the UN Security Council, which are justifiability.Logically, in the event of armed conflict, it should be involving the application of international humanitarian law. The aim of international humanitarian law is to protect and respect of victims of the war or armed conflicts. When countries and the pirates have conflicts, both sides must comply with international humanitarian law, regardless of international humanitarian law is violating international law. Specifically, the two sides should be limited means and methods of warfare, protection provided for civilians and their property in wartime, and wartime sick and wounded, prisoners of war ought to compliance with international humanitarian law.At present, countries in the Gulf of Aden to combat piracy have made some effects, but we must realize that force can't resolve the problem of Somali piracy fundamentally. There are lots of limitations which are hard to overcome in the technical, legal and political aspects of force operations, and they will restrict our further actions. Based on existing force action, countries should pay more attention to cooperation and communication between them, establish a unified anti-piracy mechanism, and focus on addressing the root causes of Somalia piracy, promote political stability in Somalia, and, achieve peace and development in Somalia, in order to address the issue of the Somali piracy better.