Challenges of Criminalizing Piracy as a Terrorist Act in Light of International Law

Abstract

Piracy, as a threat to human security and maritime transport, is one of the oldest international crimes, which has been a subject of discussion in international law for many years and has been addressed in numerous international treaties. Although today piracy is subject to universal jurisdiction, allowing all countries to exercise jurisdiction over the crime, due to the sensitive nature of the offense, its global scope, and its impact on maritime crews, fleets, and international trade, it is crucial that it be prosecuted through the International Criminal Court. For this purpose, criminalizing piracy in the statute of the Court is essential and significant. In this regard, identifying instances of piracy and the challenges ahead is necessary. The research question addressed in this study is: What are the challenges related to piracy in international criminal law? The major challenge in this context is the implementation of rules related to piracy within the legal framework of jurisdiction that states have in prosecuting this crime. The descriptive-analytical and library research methods were employed.