 Subject-Law of the sea

Topic- Role of UNSC in Counter piracy operations.

SUBMITTED TO – MS. VISHWA BHATT

SUBMITTED BY SAURABH RAI
ENROLLMENT-21SMM01010
(MBA SHIPPING & LOGISTICS SEMESTER-III)
  Subject-Law of the sea
Topic- Role of UNSC in Counter piracy operations.

SUBMITTED TO – MS. VISHWA BHATT

SUBMITTED BY SAURABH RAI
ENROLLMENT-21SMM01010
(MBA SHIPPING & LOGISTICS SEMESTER-III)
The flow of the Presentation:-

Introduction

Articles
Regarding
Conclusion UNCLOS
piracy
provisions

Case study
 Introduction
 The oceans around the world play a significant role in transportation.
 The majority of global trade, around 90% of the consignment, is shipped by
sea.
 However, these ships operate at risk because they often become the target of
attacks in the ocean.
 The vessel can be taken hostage, goods can be stolen, and the boarded crew
can get killed by pirates.
 What is Piracy ?

 Piracy is essentially any criminal Act, widely defined as robbery on the

high sea outside the 12 nautical miles limit of territorial coastal waters of
the sovereign state.
 But robbery within the limits of 12 nautical miles is treated as robbery
under the law of the coastal state.
Statistical data of the last 10 years of
Piracy attacks.
Articles Regarding UNCLOS piracy provisions.

 Article 100- Duty to Corporate in the Repression of Piracy.

 Article 101- Definition of Piracy.
 Article 102- Piracy by a warship, government ship, or government aircraft
whose crew has mutinied.
 Article 103- Definition of a pirate ship or aircraft.
 Article 104 - Retention or loss of the nationality of a pirate ship or
aircraft.
continue….

 Article 105- Seizure of a pirate ship or aircraft.

 Article 106- Liability for seizure without adequate grounds.
 Article 107- Ships and aircraft which are entitled to seize on account
of piracy.
 Article 108- Illicit traffic in narcotic drugs or psychotropic substances
Case study:- Maersk Alabama hijacking case
8th April 2009.
Location:- Indian Ocean.
 Facts of the Case:
• This Case was brought into the Limelight in 2009 when 4 Somali Pirates gained
unauthorized possession or hijacked the Cargo Ship name “MV Maesark Alabama”
• which was situated at a distance of 240 nautical miles southeast of the Somali port city of
Ely.
• The Vessel carried 20 crew members & was heading toward Mombasa, Kenya loaded
with 17,000 metric tons of Cargo. 4 pirates which were sailing on the “FV Win Far 161”
attacked the Vessel on 8th April 2009.
• As per the defense secretary the pirates were between 17-19 yrs.
 Conflicts Arised:

 The Vessel carried 20 crew members & was heading toward Mombasa, Kenya
loaded with 17,000 metric tons of Cargo. 4 pirates which were sailing on the “FV
Win Far 161” attacked the Vessel on 8th April 2009.
 Fortunately, the “Maersk Alabama” crew had a mock drill session on the vessel the
day earlier & had undergone “anti-piracy training” from Union Training School.
 The Crew Members tried very hard to exchange the pirates they had captured for the
captain however all their tries went in vain when the crew released one of the pirates
but in exchange, they broke the deal.
 on April 9th, 2009, Maersk Alabama was subsequently then escorted away from the
area of the Incident under the arm guard within the area of Mombasa.
 Rescue operation:
 On April 10, 2009, Capt.Phillips attempted to Jump from the boat but
has been shot by his Kidnappers who again retrieved him again.
 "We are safe and we are not afraid of the Americans. We will defend
ourselves if attacked", one of the pirates told on a satellite phone.
Phillips' family had gathered at his farmhouse in Vermont awaiting a
resolution to the situation.
 Under American Military protection, the Maersk Alabama arrived at
Mombasa, Kenya port on Saturday, April 11, 2009.
 Trial & Judgement:
 The last surviving Pirates were captured on “The USS boxer” before being
taken to the US for trial.
 The Muse’s lawyer requested that he should be charged as a “Juvenile” on
the basis of the statement in which officials had said that he was just 15 or
16 years at the time this act was carried out by them.
 The Court concluded by saying that he would be trialed as an adult. In the
later event, the trial happened upon him as an 18-year-old & he received
imprisonment of 33 years & 9 months of the maximum sentence.
 Defamation filled by Crew Member:
 One of the Crew Members, Richard E Hicks, prosecuted Maesark Line
Ltd. & Waterman Steamship Corporation on 27th April 2009.
 Richards Hicks & 8 other crew members are being represented by
advocate Britain Beckom who asserted that Captain Phillips
Purposefully & Voluntarily put them in a Jeopardy situation by not
following commands to keep at least 600 miles away from the Coast
of Somalia as well as news stories of latest piracy & armed robbery.
 conclusion

 Piracy remains a serious problem in the Southeast Asian region

todays time as well.
 The various conventions aimed at combating piracy are not
sufficient in addressing the problem in the regions, as is evidenced
by the lack of success in reducing both the seriousness and the
frequency of attacks.
 The obligation in each of the agreements for states to co-operate has
also proven particularly problematic, particularly due to the regional
political climate.
Thankyou..