The “Cygnus”Case (Somali Pirates)

Abstract

Jurisdiction — Universal jurisdiction — Piracy — Pirates apprehended by warship of one State but tried by courts of another — Whether any barrier to exercise of jurisdiction

Sea — High seas — Piracy — United Nations Convention on the Law of the Sea, 1982 “UNCLOS”, Article 105 — Whether UNCLOS conferring exclusive criminal jurisdiction on the flag State of the capturing warship — Universal jurisdiction of national courts not displaced — Matters to be considered in sentencing pirates

Terrorism — Treaties — Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 — Jurisdictional provisions — Jurisdiction over allegations of piracy

Human rights — Detention before charge — Piracy — European Convention on Human Rights, 1950, Article 5 — Application in high seas maritime law enforcement — Application when suspect transferred between jurisdictions — Violation of the right to be brought promptly before a judicial authority — Joint State responsibility — Whether violation sufficiently grave to be a bar to prosecution — European Convention on Human Rights, 1950, Article 6 — Application when suspect transferred between jurisdictions — No violation of the right to legal assistance — Legal assistance provided at the time of legal procedures requiring assistance — The law of the Netherlands