This Monday, November 29, 2010, the Belgian frigate "Louise-Marie" - participating in the Atalanta - conducted interception and arrest seven suspects [1] from engaging in piracy off the Somali coast and keynianes [2].
doing, Belgium - like other states involved in the fight against piracy - is positioned under the provisions of the UN Convention on the Law of the Sea
more, she meets a very direct the request based cooperation made repeatedly by the Security Council of UN, particularly in its latest resolution [ RES/1950 (2010) ] in this matter dated 23 November 2010.
interception this will end in November 2010 place at the first practical application of the new Belgian legislation in the matter. A diagram (very) simplified the judicial process is presented below.
This does not mean that Belgium will automatically try those suspected of piracy, but that the national judicial authorities (in particular the Federal Prosecution Service) have to be positioned on the advisability of continuing directly or transferring persons concerned, under agreements with other states.
This legislation is interesting in it is amongst the most recent material. It uses a comparative approach to other legislation, innovative in some respects, takes into account recent international case law (including that of the ECHR) and pulls the fruit of the experience of recent years.
noted that different states are also employed to modify their legislation on the subject. This, for example, the case of France .
On several occasions we had the opportunity to address the problem of piracy. For an overview of the issue, for example it is possible to consult the " FUCaM Links "September 2009 or the references page on this blog. Those who want a more technical approach to the laws of 30 December 2009 may refer to the article entitled" The new Belgian law on piracy Seas, published in the International Journal of Comparative Law, 2010-3.
---------------------- [1] On criminalization of attempt, it is necessary to conduct a reading conjugated sections 101, 103 and 110 of the UN Convention on the Law of the Sea
[2] In response, see VRT reportage .
This legislation is interesting in it is amongst the most recent material. It uses a comparative approach to other legislation, innovative in some respects, takes into account recent international case law (including that of the ECHR) and pulls the fruit of the experience of recent years.
noted that different states are also employed to modify their legislation on the subject. This, for example, the case of France .
On several occasions we had the opportunity to address the problem of piracy. For an overview of the issue, for example it is possible to consult the " FUCaM Links "September 2009 or the references page on this blog. Those who want a more technical approach to the laws of 30 December 2009 may refer to the article entitled" The new Belgian law on piracy Seas, published in the International Journal of Comparative Law, 2010-3.
---------------------- [1] On criminalization of attempt, it is necessary to conduct a reading conjugated sections 101, 103 and 110 of the UN Convention on the Law of the Sea
[2] In response, see VRT reportage .
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