Evolutionary Trends in Maritime Piracy : a Possible Assessment of Eco-Activists’ Conduct

Ever since its ‘birth’, the conduct of piracy has shown a natural tendency to evolve, to change, and – under a legal perspective – to test and challenge traditional legal frameworks. Currently, one of the main issues is the correct legal qualification of ‘eco-protesters’, who oppose research or exploitation activities to protect the marine environment. Part of the case law has started to assess protesters’ violent conducts on the high seas, showing tendencies of piratical qualification. In the present work, it is argued that – as international law stands nowadays – eco-activists cannot be qualified as pirates. Violent actions on the high seas should rather fall within the scope of application of the SUA Convention. This option would respect eco-activists’ human rights without impairing states from the possibility to prosecute violent actions on the high seas. However, this emerging trend draws the attention on possible future developments in the field of maritime piracy.