Better bringing pirates to justice, reflection initiated at the COPS

How to ensure that the pirates taken by the European forces present in the Indian Ocean (Eunavfor Atalanta) can be
brought to justice? Without necessarily repatriating them to Europe; while respecting all the human rights standards to which Europeans are attached; in countries that do not really have significant resources; by ensuring fair burden sharing between Europeans and Africans? The equation is easier to pose than to solve!

This is why the Political and Security Committee of the EU (PSC) examined on February 5 what is called an "option paper" (1) to allow a better bringing to justice of the pirates arrested by European forces.

A reflection started at the start of Operation Atalanta (2) but which experienced a new development after the "adventure" of the Evertsen, this Dutch ship which "lugged around" several arrested pirates, for two weeks on board , to end up freeing them... for lack of a host country (3). Phenomenon which is not completely new, the "traffic jam" of the Kenyan jurisdiction having been obvious for several months already (4).

In the short term, reassure Kenya. This country remains the main country to host pirates for trial (more than 100 hosted). From " high-level contacts should be made with Kenya - we specify on the European side - to assure him that it is not and will not remain the only country to translate pirates ". Above all, it must be encouraged to continue to welcome pirates. This is the only very short-term solution (along with the Seychelles, which have a more limited capacity). The European Commission could thus prepare a second decision to contribute to the Kenyan judicial system. It examines how the main budgetary instruments available (Stability Instrument, etc.) could “provide support to Kenya” beyond 2010.

Medium term, it is a question of finding other African countries ready to welcome pirates. The diplomats will resume their pilgrim's staff. About ten countries are concerned: Mauritius (already approached but refused (5)), Mozambique, Uganda (which already hosts the EUTM training mission for Somali soldiers), Tanzania (which already hosts the African Court Justice and Human Rights), Egypt, Ethiopia, Djibouti. In some countries, penal reforms are necessary to comply with the European standard.

In the medium or long term, the Europeans are exploring the idea of ​​a judgment in a "regional court", using courts already in place. A first avenue considered would be to use the African Court of Justice and Human Rights in Arusha, Tanzania. But the solution is relatively complex. Because it would require, among other things, to modify the protocol of the Court. The second solution would be to have a specialized chamber in one (or more) of the African countries concerned (6). This ad hoc solution - involving only one country - would be easier to implement. It would also make it possible to apply a specific law adapted to piracy (with modification of the criminal rules if the country applies the death penalty to provide an exception to it) and to provide substantial, multinational support to the country which would accept this specialized chamber. .

Long-term, the solution of an International Court of Justice seems to have been ruled out (6): complicated, contested by several States at the international level, it may even never see the light of day, or else after many years (minimum 10 years).

(1) "Prosecution of suspected pirates in the framework of operation EUNAVFOR Atalanta"

(2) Read:The legal set-up of the EuNav Somalia operation, 1st elements (October 2008)
(3) Read: The Evertsen releases 13 pirates for lack of a host country, a bug? (December 2009)
(4) Read: Pirate lawsuit stalls (September 2009)
(5) Read: Mauritius does not want Atalanta "piracy suspects"
(6) Read also: The idea of ​​a regional court for pirates is gaining ground (February 2010)

(photo credit: Bundeswehr - German soldiers from Eunavfor Atalanta bringing a suspect arrested in the Indian Ocean to Kenya)