O conceito de pirataria marítima para o Direito Internacional e as implicações ao exercício da jurisdição sobre os suspeitos da prática desse crime na atualidade

Abstract

This master thesis discusses the historical and conceptual formation of the figure of the pirate and the crime of piracy under International Law. The intention is verify the difficulties at present in exercising jurisdiction over the defendants in this crime. The problem is that if the concept of hostis humani generis ( enemy of mankind ) has implications on the enforce of jurisdiction over the actual pirates. The initial hypothesis is affirmative: there is relation between the hostis humani generis concept and the jurisdiction over maritime pirates. To understand the issue, the work is divided into four chapters, in which the first three provide the basis for the analysis of the difficulties to prosecute pirates captured in the Horn of Africa region. The first chapter is intended to study the formation of the concept of piracy and the association of the pirate with the notion of hostis humani generis, or enemies of all mankind . The goal is analyze the context in which the nascent International Law recognized and condemned the practice of maritime piracy. The second chapter aims to address a practical aspect, which is the understanding of the limits to the state s jurisdiction over the sea, as well as the exercise of extraterritorial jurisdiction in criminal matters. This is important to understand, among other issues, the complexity of applying the law in an area outside the jurisdiction of any State, as the high seas. The third chapter is devoted to the examination of restrictions on freedom of navigation on the high seas, with emphasis on maritime piracy, which was consolidated on International Law by the Geneva Convention on the High Seas, 1958, later replaced by the United Nations Convention on the Law of the Sea, 1982. Finally, the fourth chapter focuses on the characteristics of the main actual maritime piracy hot spots, with emphasis on attacks perpetrated by Somalis in the Horn of Africa, Red Sea, Persian Gulf region and throughout the all western part the Indian Ocean. Subsequently, it will be analyzed the exercise of criminal jurisdiction over individuals suspected of practicing piracy. The main question is the compatibility of the transfer captured pirates to the jurisdiction of third countries, without any link with the pirate incident.