Transfer of Piracy Suspects - A Crucial Element of the Regional Prosecution Strategy in Light of International Law of the Sea

There seems to be a broad consensus that it is unlikely that illicit activities can be stopped if offenders are not prosecuted. However, many patrolling States have long appeared reluctant to prosecute acts of piracy at sea before their domestic jurisdictions and, have preferred to rely upon judicial co-operation from third States within the region prone to piracy. Against this background, this article examines the current prevailing use of transfer agreements for the criminal prosecution of piracy suspects. The author analyzes the legality of this regional prosecution strategy from the perspective of the international law of the sea and focuses on three major issues: first, whether in certain circumstances States may be obliged to prosecute alleged pirates; second, whether the criminal jurisdiction of a prosecuting State may be equally applicable in cases where alleged offenders caught on the high seas are handed over into another State’s jurisdiction on the basis of transfer agreements; third, whether there is any other legal instrument which is able to fill UNCLOS gaps and require States to prosecute criminals, even if caught in territorial waters of other States. From the perspective taken into analysis by the author, it can be assessed that this increasing trend is in line with the relevant provisions of general law of the sea and other international Treaties. A welcoming outcome since regional prosecution seems to be an effective and efficient tool to overcome the legal and practical challenges related to piracy prosecution before the national courts of the seizing States.