Fighting Maritime Piracy under the European Convention on Human Rights

On the basis of real examples of anti-piracy operations conducted in the Indian Ocean by European navies, the article examines the legal implications of such military actions and their judicial medium- and long-term consequences in the framework of the European Convention on Human Rights. The only e...

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Bibliographic Details
Published in:European journal of international law 2011-08, Vol.22 (3), p.829-848
Main Author: Bodini, Stefano Piedimonte
Format: Article
Language:English
Subjects:
Armed Forces
Attribution
Congresses and Conventions
Europe
France
Human Rights
International law
Jurisdiction
Maritime industry
Navy
Oceans
Piracy
Studies
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Summary:On the basis of real examples of anti-piracy operations conducted in the Indian Ocean by European navies, the article examines the legal implications of such military actions and their judicial medium- and long-term consequences in the framework of the European Convention on Human Rights. The only existing authority directly addressing maritime piracy, although from the sole perspective of state jurisdiction, is the recent Grand Chamber judgment in Medvedyev and Others v. France. The Court's approach and conclusions in Medvedyev will be analysed in section 2. Section 3 will explore other important issues likely to be raised under the Convention by anti-piracy operations. Section 4 will consider the question of state responsibility, i.e., jurisdiction and attribution, in the context of anti-piracy operations carried out on the high seas or on the territory of third states.
ISSN:0938-5428
1464-3596
DOI:10.1093/ejil/chr052