Transfer of Suspected Pirates and Human Rights : Axiomatic Theories, State Practice, and Judicial Interventions : a European Perspective on Some Possible Shortcomings of the Current International Legal Framework

The intensity of the phenomenon of maritime piracy has led States to organise military reactions whose aim is to ensure the safety on the high seas, and avoid impunity for pirates. In the context of coordinated actions, a number of legal issues become of particular relevance, also in light of economy-of-law considerations. In particular, the need for states to respect human rights law in the repression of piracy can promote the exercise of indirect universal jurisdiction so to ensure a speedy trial before a court that is theoretically better placed to hear the case. Nonetheless, from a European perspective, transfers of pirates to processing countries also raise a number of significant legal questions that have recently been – partially unsatisfactorily – tackled by some domestic courts. The aim of the present work is to assess these issues, along with considering whether or not transfer agreements remain a feasible option, also in light of an economy-of-law reasoning drawn by the human rights law limits that appear to postpone the applicability of such an international practice.