WILL KENYA WIN THE WAR AGAINST PIRACY ALONG HER COAST?

In the recent past millions of children, women and men have been the victims of unimaginable atrocities that have left the conscience of humanity in shock. Such crimes threaten the peace, security and well-being of the world.The most serious crimes of concern to the international community as a whole must not go unpunished. All persons are united by common bonds, their cultures pieced together in a shared heritage. This delicate mosaic may be shattered at any time if crimes and atrocities as have been seen during recent times in this century are not stopped and avoided. The post-election violence experienced in Kenya in 2008 is an example of atrocities that have shocked the conscience of humanity and should not be allowed to be repeated at all costs.

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.