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On Issue Of Criminal Jurisdiction Over Somali Pirates

Posted on:2011-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:R ShengFull Text:PDF
GTID:2166360305981264Subject:International Law
Abstract/Summary:PDF Full Text Request
Criminal jurisdiction over international crimes is an important theory in the International criminal law. In the early primary , States have the criminal jurisdiction over international crimes ,as the international ad hoc criminal tribunals and the International Criminal Court was established subsequently, International criminal jurisdiction has developed from a single mode that based on Indirect jurisdiction mainly to a compound mode which based on the direct and indirect jurisdiction. This development shows the world's sincerity and determination to cooperate to combat international crime and to protect the Earth's safety, and also reflects the good momentum of international criminal law to tend to be more equitable and righteous. However, as the development of international criminal law as a whole in term is still in the immature period, there will always be lots of specific kinds of problems in the use of the jurisdiction. So there will be lots of work to do such as to make the composite pattern running well.Before the incidents of Somalia piracy in 2008,there has been scholars made studies on problems as international criminal jurisdiction model, the International Criminal Court's jurisdiction and the international jurisdiction ,conflict of competing issues and so on, However, the main emphasis of these studies have been focused on the principle of universal jurisdiction . The incidents of Somali pirates triggered a series of problems related to jurisdiction, such as how to deal with the captured pirates and how to trial them. This makes the research on the international criminal jurisdiction of the specific mode in our country seems even more thin. At this point, making study on the criminal jurisdiction f the Somali pirates as well as our legislation over jurisdiction of the crime of piracy is necessary.This thesis is divided into four parts; it adopts the research methods of substantive analysis, compensation analysis, historical analysis and literature research to elaborate the nature of Somali piracy and the status of international criminal jurisdiction; analysis the reason that why the Somali pirates can not be effectively governed; explore an effective solution to the problem of the jurisdiction of the Somali pirates; analysis the relevant legislation of our country and put forward some relevant recommendations to improve the legislation.The first part describes the concept of international criminal jurisdiction and its current model, and characterizes the conduct of the Somali pirates. Firstly, the part indicates that international criminal jurisdiction are management activities such as the investigation, prosecution, trial and punishment that conducted by the Judiciary of a State or international judicial body for international crimes under international law; Secondly, the part analyses the two modes of the current international criminal jurisdiction : the development and the status quo of the direct and indirect jurisdiction ; Finally, the part determines that the Somali pirates constituted the crime of piracy after anglicizing the relevant provisions of international conventions and the conduct of Somali pirates.The second part analyzes the reason of the invalid jurisdiction over Somali pirates. In the direct control mode, the part concludes that Somali pirates can not be under the jurisdiction of the International ad hoc criminal tribunals and the International Criminal Court from elaboration of the source and scope of their jurisdiction. In indirect jurisdiction, the part analyzes the reason that why countries including Somalia authorities can not have effective jurisdiction over the Somali pirates.The third part explores effective solution to the issue of jurisdiction over the Somali pirates in a number of ways. This article focuses on identifying a solution that is most effective and in line with principles of equity and justice of international criminal law to solve the problem of jurisdiction over Somali pirates.The part analyses several solutions that mentioned by some scholars such as helping to establish an effective government in Somalia, Improving the international treaty by establishing the responsibility terms, referring to the closest connection principles to resolve conflicts of jurisdiction doctrine, strengthening the cooperation international criminal justice and so on. Then the part concludes the most direct and effective way to settle the problem of jurisdiction over the Somali pirates--- to establish the direct jurisdiction over the crime of piracy. And the most practical way is to enhance International Cooperation.The partâ…³takes a look on the relevant provisions of China's Criminal Law, and expounds the lack of China's substantive law, and recommends in the Criminal Code by adding the offense of piracy charges to make our country to join the ranks of the fight against piracy.
Keywords/Search Tags:International Criminal Jurisdiction, Piracy Crimes, Direct Jurisdiction, Indirect Jurisdiction, the International Criminal Court
PDF Full Text Request
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