INTERNATIONAL CONVENTIONS ON PIRACY

- Mirza M.Baig

Following numerous attempts to codify international law provisions on piracy, the Convention on
the High Seas was adopted in 1958. The 1958 Convention restates provisions that were considered
to be generally declaratory of established principles of international law at that time. The
provisions of the 1958 Convention, in turn, formed the basis of the 1982 United Nations
Convention on the Law of the Sea (UNCLOS) provisions on piracy. These provisions, which are
presented in overview below, provide the contemporary international legal framework for
countering piracy; they are binding for Contracting States to UNCLOS, but are considered to also
reflect customary international law.

Other conventions that may be of relevance in the repression and effective prosecution of
piracy include:

(a) The Convention for the Suppression of Unlawful Acts (SUA) Against the Safety of
Maritime Navigation, 1988, and its Protocols

(b) The International Convention Against the Taking of Hostages, 1979

(c) The United Nations Convention on Transnational Organized Crime, 2000

It is worth noting, however, that the relevant provisions in UNCLOS are not in all respects
comprehensive. For instance, UNCLOS does not provide procedures for investigation or
prosecution of pirates or regulate liability issues arising in the context of modern anti‐piracy
measures.

International Maritime Organisation (IMO) and regional bodies has set out certain resolution time
to time regarding piracy and how to combat it is enumerated below:

IMO Resolution A.922(22) Code of Practice for the Investigation of the Crimes of Piracy and
Armed Robbery against Ships: IMO Resolution A.922(22) Code of Practice for the Investigation
of the Crimes of Piracy and Armed Robbery against Ships can be found in its annex, point 2.2,
which define armed robbery at sea as: “any unlawful act of violence or detention or any act of
depredation, or threat thereof, other than an act of piracy, directed against a ship or against persons
or property on board such a ship, within a state’s jurisdiction over such offences.

Regional Cooperation Agreement on Combating Armed Robbery against Ships in Asia (ReCAAP):
ReCAAP is a collaboration on eradicating armed robbery at sea which has been most ratified by
states in the world. ReCAAP was approved in Tokyo, Japan, on November 11th, 2004, and became
effective on September 4th, 2006. The agreement was attended by 16 states, namely Japan, China,
South Korea, India, Bangladesh, Sri Lanka and 10 ASEAN states.

The Regulation in Handling Piracy and Armed Robbery Off the Territorial Sea and Waters of
Somalia Piracy and armed robbery at sea outside the territorial sea of Somalia and Somali waters
emerged after the state fell into an internal crisis after the coup carried out in 1990. The crisis
triggered a variety of social problems and caused increased poverty due to lack of employment.
Piracy and armed robbery at sea in this region increased in 2008 and attracted international
attention.

Regulations for Handling Armed Robbery at sea in the Malacca-Singapore Strait :In Singapore
meeting 4-6 of September 2007 it has been agreed between three coastal states, established in
Singapore Statement, regarding the establishment of Cooperative Mechanism (CM). Furthermore,
CM is regulated in the Co-Operative Mechanism Between the Littoral States and User States on
Safety of Navigation and Environmental Protection in the Straits of Malacca and Singapore.