An article authored by David B. Rivkin Jr. (DC) and Carlos Ramos-Mrosovsky (NY) appeared in The Washington Post on December 8. Titled “A Case for Trying Pirates Before a UN Tribunal,” the article detailed recent court activities that underscore “the need for a comprehensive international legal framework to address the challenges of modern-day piracy.”
The article explained that “Kenya has emerged as the favored spot for the world’s navies to set captured pirates ashore for trial and imprisonment.” This increased volume has “strained the capabilities of Kenya’s courts, and officials have signaled that Kenya will stop prosecuting pirates captured by foreign navies unless its cash-strapped judicial system receives significant assistance,” Rivkin and Ramos-Mrosovsky said.
To combat these challenges, the authors advocated an international tribunal by the United Nations to “develop a consistent rule of decision for captured pirates, with specialized rules of evidence and procedure to accommodate the unique challenges of piracy cases, reducing the number of defendants who escape on technicalities or claim asylum.”
As for the United States’ role in establishing and supporting this framework? “Washington should be at the forefront of legal and military efforts to ensure the freedom of the seas,” the article concluded.