Combatting terrorist attacks at sea : an analysis of the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and 2005 Protocol thereto

Abstract

The aim of this dissertation is to analyse the provisions and assess the effectiveness of the 1988 SUA Convention and 2005 Protocol thereto, in combating maritime terrorism. Significant awareness on terrorism at sea was generated by the Achille Lauro hijacking of 1985, an event which led to the development of a new legal regime with the objective of fighting unlawful acts against the safety of maritime navigation. The 1988 SUA Convention was the first to address terrorism at sea, while incorporating an aut dedere aut judicare mechanism, present in previous Conventions on terrorism. The Convention is not solely limited to terrorism at sea but is rather applicable to terrorism in general. The 1988 SUA Convention’s most important provision is Article 10, which obliges State parties to prosecute or extradite perpetrators. However following 9/11 and other events of maritime terrorism, it became clear that the previous work of the IMO, to combat terrorism at sea, was insufficient with respect to new forms of terrorism threatening the safety of international shipping. This led to the adoption of the 2005 SUA Protocol. A revision of both instruments would be beneficial, considering that the last Protocol was ratified back in 2005, and new forms of terrorism and terroristic movements have since emerged.