Maritime Piracy: A Human Right Implication Under International Law
- IJLLR Journal
- Mar 28
- 2 min read
Sujitha L, School of Excellence in Law (TNDALU), Chennai
INTRODUCTION:
Economic growth of the country mostly depends on trade. Trade through Seas is considered as the most effective way to boost the Country’s economic growth. Navigation through the Seas, port facilities and tourism plays an important role in the economic growth of the country. Further, Seas are considered as an important source for oil, mobile telephone connectivity, and pipes for data cables. Although seas had developed these far, it also paved a way for piracy and other maritime crimes. Among maritime crimes, Piracy is considered as a serious threat to the maritime security, maritime trade and free navigation of the ship, vessel, yacht etc., This article aims to explain Maritime Piracy.
DEFINITION, SCOPE, AND CAUSES OF MARITIME PIRACY
An act by which a ship is captured for stealing the cargo that is present in the ship, or capture the crew members for collecting ransoms or seize the ship which is done by an individual or by a group of people is considered as maritime piracy. Maritime piracy is a criminal act and is illegal. Maritime piracy may lead to the loss of life, serious injury to the crew members, destruction in the smooth flow of the trade, increase in insurance premiums, increase in security cost, losses to the owner of the ship, etc., There are two basic elements for a crime to be recognized as maritime piracy. They are ransom and other is promise to return.
Maritime piracy is explained under Article 100 – 107 and Article 111 of the United Nation Convention of Law of Sea (UNCLOS). Article 100 provides that “ every State should cooperate to their maximum extent to repress Piracy”. Piracy is defined under Article 101 of UNCLOS as:
Piracy consists of any of the following acts:
(a) Any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
