The international law on piracy and maritime terrorism : comparative perspectives

Abstract

The evolution of the crime of piracy and the fast-growing phenomenon of maritime terrorism has led to the discussion of a possible nexus between the two crimes. The absence of universal definitions, overlap in crucial characteristics and the receding importance of the element of motive all provide a basis for amalgamation. Furthermore, legal developments show a tendency to conflate piracy and maritime terrorism, by placing them, without any differentiation, under the same blanket term: ‘maritime security’. The speculation of pirates and terrorist working together has also encouraged International organisations to perceive them as a singular maritime threat and apply the same countermeasures. The objective of the dissertation is to determine whether a nexus exists or not, since it is the authors belief that fusing the two crimes into a singular maritime threat will improve maritime security. However, such conflation cannot happen without legal and de facto evidence that a nexus exists between the two, the dissertation deliberates on this issue.