International law imposes on states the duty to prosecute or extradite persons responsible for international crimes. The blogger focuses on this, presenting an analysis of the position of international law on the question whether and to what extent states are under a legal obligation to prosecute international crimes. He reviews this question in relation to the concepts of jus cogens and the obligation erga omnes. Although it is sometimes contested that piracy is not an international crime, we nevertheless think that piracy deserves to be included in the category of international crimes affecting the international community. This crime has persisted in the Indian Ocean and the Coast of Somalia in Africa. The blogger is looking at the international legal framework regulating piracy and Kenya’s domestic system, which has been singularly entrusted with the task of prosecuting pirate cases off the coast of Somalia. He concludes that, although
Kenya has prosecuted piracy, it has faced several challenges including inadequate international and municipal legislative frameworks, jurisdictional problems and a lack of capacity. The blogger will focus on crimes under international law – that is, conduct that infringes international law and which is punishable as such by the imposition of individual criminal liability – rather than all crimes that have an international aspect. Furthermore, he does not analyse all conduct that may constitute a crime under international law but rather deliberates on those crimes that constitute jus cogens violations of international law, especially war crimes, crimes against humanity, genocide, and torture.
