Duncan Gaswaga, a former judge of the Seychelles Supreme Court who has presided over numerous piracy trials, asked the following question: "What is a judge to do when a bearded piracy suspect facing justice asserts that he is fourteen?" This book addresses this important question by focusing on the treatment of juvenile piracy suspects under international law within national prosecutorial regimes. Beginning with the modern-day Somali piracy model, and exploring the reasons for piracy organizers and financiers to have employed Somali youth as pirates, author Milena Sterio analyzes the relevant international legal framework applicable to the treatment of juvenile criminal suspects, such as international human rights law, international criminal law, including the statutes of several international and ad hoc tribunals, as well as legal issues related to the use of child soldiers, as a parallel to the use of child pirates.
This volume examines recent national piracy prosecutions involving juvenile suspects in Germany, Spain, India, Italy, Malaysia, the Seychelles, and the United States, developing a set of recommendations and best practices for all piracy prosecuting nations dealing with juvenile suspects to refer to in developing their national policy toward the treatment of juvenile piracy suspects.
Introduction Part 1: The Problem of Juvenile Pirates in Somalia 1. The Basics of the Somali Piracy Model 2. Using Juveniles to Perform Piratical Acts Part 2: International Law on the Treatment of Juvenile Criminal Suspects 3. International Human Rights Law on the Treatment of Juvenile Suspects 4. International Law on the Use of Child Soldiers: An Important Parallel Part 3: Age Determinations: A Difficult Challenge 5. Determining a Suspect’s Age: When a Bearded Man States That He is Fourteen 6. Recent National Prosecutions of Juvenile Suspects: European Countries 7. Recent National Prosecutions of Juvenile Suspects: (India, Malaysia, and the Seychelles) 8. Prosecuting Juvenile Piracy Suspects in the United States Part 4. Recommendations and Best Practices 9. Recommendations for Best Practices Regarding the Prosecution of Juvenile Piracy Suspects Conclusion
The series offers a space for new and emerging scholars of international law to publish original arguments, as well as presenting alternative perspectives from more established names in international legal research. Works cover both the theory and practice of international law, presenting innovative analyses of the nature and state of international law itself as well as more specific studies within particular disciplines. The series will explore topics such as the changes to the international legal order, the processes of law-making and law-enforcement, as well as the range of actors in public international law. The books will take a variety of different methodological approaches to the subject including interdisciplinary, critical legal studies, feminist, and Third World approaches, as well as the sociology of international law. Looking at the past, present and future of international law the series reflects the current vitality and diversity of international legal scholarship.