To outsource or not to outsource? Rethinking the piracy prosecution model

Over the years, the piracy prosecution model has been characterized by the outsourcing of legal responsibilities. Indeed, in the heyday of Somali piracy, pirate suspects arrested by Western warships were often transferred to other States in the region to be prosecuted there. This trend was prompted by several advantages that came with the prosecution and punishment of pirates within the region concerned, but gave rise to lengthy discussions on the legality of such transfers. Furthermore, there are also a number of drawbacks associated with it, and the reluctance of countries to commit to piracy prosecution might erode the perception of pirates as ‘enemies of all mankind’, who should be fought by the entire international community. The great dependence on a handful of local States with limited resources renders this prosecution model quite vulnerable, so it seems appropriate to share the burden and restore the balance. In this regard, the universal jurisdiction linked to piracy offences appears to be more of a curse than a blessing, and a clear shift in piracy prosecution responsibilities might be needed.