International legal framework on maritime piracy

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International legal framework on maritime piracy

E.A. Postoeva, V.A. Shestak

The article examines the phenomenon of piracy crimes based on the study of the international legal framework. The goal set by the authors is to identify possible ways and mechanisms by which States will be able to carry out effective international cooperation to bring pirates to justice and reduce the number of pirate attacks. The authors note that the beginning of the development of the efforts of the international community in the field of combating piracy falls in the middle of the 19^th century. Further attempts to create a treaty at the beginning of the 20^th century did not lead to success, but laid the foundation for the adoption of the 1958 Convention on the High Seas and the 1982 UN Convention on the Law of the Sea, which contain the universally recognized concept of piracy. The authors analyze the main elements of the crime of piracy (an illegal act of violence or detention, or any act of depredation; private ends; the “rule of two ships”; outside the jurisdiction of any State) and consider controversial issues of interpretation of these elements. Attention is drawn to the fact that existing sources aimed at countering piracy crimes include the obligation of States to cooperate. Since they do not contain specific forms of international cooperation, but are only limited to a general obligation to provide assistance to the maximum extent possible, the authors consider it appropriate to interpret the obligation of cooperation broadly to include such forms as extradition and mutual legal assistance in the prosecution of piracy crimes. The authors investigate the activities of international and regional organizations in the field of combating piracy and their proposed methods and mechanisms aimed at reducing crime on the high seas. The initiatives proposed by the Russian Federation to combat piracy are being considered.

Keywords: maritime crime, maritime piracy, armed robbery against ships, high seas, universal jurisdiction, international cooperation, mutual legal assistance, maritime security.

Introduction

There are currently three regions in the world that are piracy hotspots. These regions include the Gulf of Guinea, the Caribbean, as well as the basins of the Pacific and Indian Oceans, washing Southeast Asia (Fig. 1)¹.

In these regions alone, more than a hundred pirate attacks are recorded annually (Fig. 2), which are often associated with other equally serious crimes, such as kidnapping, hostage-taking and murder.

Fig. 1. Piracy and armed robbery in 2022 (source: IMB Piracy & Armed Robbery Map 2022. Accessed June 25, 2023. https://www.icc-ccs.org/piracy-reporting-centre/live-piracy-map)

Fig. 2. Statistics of piracy and armed robbery (2017-2022) (source: ICC-IMB Piracy and Armed Robbery Against Ships Report -- 1 January -- 31 December 2022. Accessed June 25, 2023. https://www.icc-ccs. org/reports/2022%20Annual%20IMB%20Piracy%20and%20Armed%20Robbery%20Report.pdf)

In January 2023, 10 incidents were recorded Piracy monthly report January 2023. Accessed June 25, 2023. https://wwwcdn.imo.org/localresourc- es/en/OurWork/Security/Documents/Piracy%20monthly%20report%20January%202023.pdf.. The number of attacks in January decreased by 2 compared to 12 incidents in 2022 over the same period. There were 13 incidents in February 2023, which is 3 cases less than in February 2022 Piracy monthly report February 2023. Accessed June 25, 2023. https://wwwcdn.imo.org/localre- sources/en/OurWork/Security/Documents/Piracy%20monthly%20report%20February%202023.pdf.. The reduction in the number of reported cases shows a positive trend, but piracy still poses a real threat to maritime security. The waters off the coast of West Africa remain a region with a high risk of pirate attacks “Where have the pirates gone? Maritime Security in West Africa”. Dryad Global. N. d. Accessed June 25, 2023. https://www.dryadglobal.com/west-africa-piracy-where-have-the-pirates-gone.. Reports of pirate attacks indicate that the level of violence against crew members remains high in many areas.

Every year piracy causes huge economic damage, takes people's lives, and also makes sailing in these regions extremely unsafe. Over the past decades, States striving for maritime security have been ready to not only provide legal assistance and extradite pirates for their further prosecution, but also to conduct special operations and exercises in these regions, as well as to support coastal States in building up their own potential.

Basic research

2. International legal characteristics of piracy crimes

In accordance with Art. 101 of UNCLOS and Art. 15 of the 1958 Convention on the High Seas, the definition of piracy includes four main elements that need to be considered in more detail.

2.1 An illegal act of violence or detention, or any act of depredation

When considering the first element, it is worth noting that UNCLOS does not contain definitions of the terms “violence”, “detention” and “depredation”. Scientists at the World Maritime University, located in Malmo, Sweden, say that the main debate is whether the harm should be physical, or whether mental harm can also be considered violent (Logina 2009, 6-7). If we consider a narrow understanding of violence, then only physical harm is included in it. The broader concept of violence also includes mental harm (for example, threats and intimidation). The inclusion of mental harm in the concept of violence correlates with the position of the World Health Organization The intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation. World Report on Violence and Health, Geneva. 2002. Accessed June 25, 2023. http://apps.who.int/iris/bitstream/handle/10665/42495/9241545615_eng. pdf?sequence=1.. UNCLOS does not provide a universal answer to the question of what illegal violence is, the reaction of different States to similar acts of violence may be different, even if all these States are parties to it. Like violence, detention is also illegal unless it is sanctioned by the State. Moreover, the term “detention” must be understood in the broad sense of the word, since detention can be carried out not only by official institutions, but also by private persons -- crews and passengers of private ships, which directly follows from the definition of Art. 101 UNCLOS.

2.2 Private ends

The second element considers piracy as an act committed for private ends. The French-Israeli legal scholar Y. Gottlieb, who has extensive experience in the field of maritime piracy, says that there are two points of view regarding the interpretation of private ends (Gottlieb 2017, 26-27). The first approach treats “private ends” as financial goals. According to this point of view, the interpretation of private ends will be based on the subjective assessment of the offender (Tanaka 2015, 356). The most significant result of this approach is the exclusion of all acts of maritime terrorism from the scope of the UNCLOS definition. This approach has the disadvantage that in practice there have been situations when a person belonging to a group that committed a pirate attack admits that his main goal was financial gain, while another co-executor claims that in his case the desire to change the political system was of paramount importance, which potentially excludes him actions from the definition of piracy. The second approach to interpretation is based on an objective criterion that distinguishes private ends from public ones (actions authorized by the State), thereby including all acts of violence unauthorized by the State and committed for private ends within the meaning of Art. 101.

This approach was confirmed in the comments of the International Law Commission. The Polish historian, Y.Makhovsky, when studying the issue of the formation of the international legal framework, noted that the conference considered the problem of whether piracy is understood only as actions committed for private ends or also with political ones (Makhovsky 1972, 288). In the course of the work of the ILC, serious differences of opinion on this issue have emerged. In articles concerning the law of the sea, with commentaries, the ILC expressed the following position that piracy can be committed out of hatred or revenge for private ends. This position means that private ends are an integral definition of piracy, but they have a broad scope and include not only the desire for financial enrichment, but also other intentions (Mazyar 2020, 62-63).

The use of an objective criterion has been supported in practice. In Castle John v. NV Mabeco (1986), a Belgian court ruled that Greenpeace protesters who took violent actions against a Dutch ship in international waters “in support of a personal point of view” committed an act of piracy. Since the criterion of private ends was met, the Court of Appeal ruled that the jurisdiction provided for by the provisions on piracy was applicable. Therefore, the Court ordered the defendants to refrain from any actions impeding freedom of navigation or dumping of waste “Castle John and Nederlandse Stichting Sirius v. NV Mabico and NV Print 1986”. Belgium, Court of Cassation. Accessed June 25, 2023. https://www.cambridge.org/core/journals/international-law-reports/ article/abs/castle-john-and-nederlandse-stichting-sirius-v-nv-mabeco-and-nv-parfin/830AF191CA29982 F87588BB78702DC69..

2.3 The “two ships” rule

This element of the definition considers piracy as an act committed by the crew or passengers of a private ship against another ship. This element aims to exclude attacks committed by government ships from the scope of the definition. The debate about treating the attacks of warships as piratical actions resumed after the attacks of German submarines during World War I and the sinking of neutral ships by unidentified submarines during the Spanish Civil War. This led to the signing of the Nyon Agreement of 1937, in which such attacks were compared with acts of piracy “The Nyon Agreement entered into force September 14, 1937”. Accessed June 25, 2023. http://hrli- brary.umn.edu/instree/1937a.htm.. Thus, Art. 2 of the Nyon Agreement stipulates that any submarine that attacks a ship in a manner contrary to international law is subject to counterattack and destruction.

In articles concerning the law of the sea, with commentaries, the ILC introduced the concept of considering an attack by a government ship whose crew mutinied and seized control of the ship as equivalent to acts of piracy within the meaning of Art. 101. This is consistent with the view that as long as a government ship is not under government control, it is perceived as private, and therefore an attack committed by such a vessel falls under the definition of piracy.

2.4 Universal jurisdiction

If a State wishes to bring someone to criminal responsibility, it must have jurisdiction over that person (Azubuike 2009, 53). According to UNCLOS, each State has the right to set the width of its territorial sea to a limit not exceeding 12 nautical miles measured from the baselines it has established (Fig. 3).

Fig. 3. Maritime zones in accordance with UNCLOS (source: The Commander's Handbook on the Law of Naval Operations. Edition August 2017. Accessed June 25, 2023. https://www.lawandisrael.org/wp- content/uploads/Topics/Gaza/MaviMarmara/CDRs_HB_on_Law_of_Naval_Operations_AUG17.pdf)

Art. 105 UNCLOS grants States the right to exercise jurisdiction in areas where territorial sovereignty does not exist. There are several explanations according to which the universal principle operates (Paige 2013, 150-152). On the one hand, jurisdiction can be based on the idea that pirates are the enemies of all mankind, so every State has the right to prosecute pirates. Back in 2002, in the case of the arrest warrant in the International Court of Justice, experts shared the opinion that universal jurisdiction can “be exercised only in relation to those crimes that the international community considers the most serious. Piracy is a classic example” Arrest warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium). Judgement of 14 February 2002. Accessed June 25, 2023. https://www.icj-cij.org/public/files/case-related/121/13743.pdf..

On the other hand, piracy is not a crime of universal jurisdiction, but is a crime committed outside the sovereign territory of any State, and therefore all States have the right to exercise jurisdiction. Unlike war crimes, genocide, and crimes against humanity, which are clearly based on the severity of the acts committed (and usually occur within the territorial sovereignty zone), such an argument regarding piracy cannot be supported. This point of view is confirmed by the arguments of New Zealand law professor N. Boister about the possibility of creating an International Court on Piracy, where he calls piracy a transnational crime (Boister 2012, 307).

2.5 Distinguishing piracy from armed robbery against ships and maritime terrorism

Piracy should be distinguished from armed robbery. The definition of armed robbery is given in IMO Resolution A. 922 (22) Resolution A. 922(22). Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery against Ships 2001. Accessed June 25, 2023. https://wwwcdn.imo.org/localresources/en/Knowl- edgeCentre/IndexofIMOResolutions/AssemblyDocuments/A.922(22).pdf.. The definition of armed robbery was developed to address crimes similar to piracy, but which do not fall under its definition according to UNCLOS. Armed robbery is understood as the commission of actions that fall under the actus reus of piracy, but committed within the territorial jurisdiction of the State.

Piracy should also be distinguished from maritime terrorism. It is worth noting that currently there is not a single treaty containing exactly this term. The 1988 Convention for the suppression of unlawful acts against the safety of maritime navigation (SUA Convention) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation done at Rome on March 10, 1988. Accessed June 25, 2023. https://treaties.un.org/doc/db/terrorism/conv8-english. pdf. was adopted after the hijacking of the Achille Lauro cruise liner in 1985, when the ship was hijacked by a group of Palestinians posing as passengers Klinghoffer v. S.N.C.Achille Lauro, decided June 21, 1991. Accessed June 25, 2023. https://www. uniset.ca/other/cs4/937F2d44.html.. The main purpose of the SUA Convention is to bring to justice acts committed for political reasons (Dutton 2010, 208-210). According to Russian Professor Y.S.Romashev, this follows, firstly, from the history of the creation of the Convention, and, secondly, from the Preamble, which refers to the condemnation of terrorism committed on board or against ships (Romashev 2013, 54-55). At the same time, the developers of the SUA Convention did not pursue the goal of combating piracy. In addition to the difference in goals, international terrorism can be committed within any maritime zones, and not only on the high seas. Some legal scholars, on the contrary, believe that piracy and maritime terrorism should be considered in unity. So, L. A. Modzhorian believes that the concept of maritime terrorism should be included in the concept of piracy, since there is no fundamental difference between them (Modzhorian 1991, 10). Their common features include a common object, that is, relations in the field of ensuring the safety of maritime navigation, as well as the widespread use of intimidation. However, it is impossible to ignore the fact that the main goal of pirates is still to make a profit, and not political or religious motives. Russian scientist, judge of the International Tribunal for the Law of the Sea, A. L. Kolodkin rightly notes that the expansion of the concept of piracy by including politically motivated violent acts at sea is impossible (Kolodkin 2007, 30-31).

3. Forms of international cooperation in countering piracy crimes

Countering piracy requires the commitment and active participation of States. As H. Tuerk, a judge at the International Tribunal for the Law of the Sea, noted that the practice of piracy has been widespread for centuries and continues to pose a threat. As a result, each State not only has the right, but is also obliged to take measures to curb piracy activities (Tuerk 2008, 342). States should take measures both at the national level (criminalization of piracy) and at the international level. The key element is international cooperation, whether directly between States or with the involvement of international organizations and other mechanisms established by States. The same position was held by A. L. Kolodkin, who believed that international law alone cannot solve the problem of piracy, therefore it is necessary to include provisions on piracy in national legislation, as well as to encourage active international cooperation of states (Kolodkin 2007, 11-12).

Art. 100 of UNCLOS refers to the obligation to cooperate in the suppression of piracy. All States should cooperate to the maximum extent possible in suppressing piracy on the high seas. However, UNCLOS has not defined the exact obligations that fall within the scope of the general obligation to cooperate, thus this provision remains open to interpretation with respect to the means that States should use to fulfill this obligation (Gottlieb 2014, 307-308). Although Art. 100 UNCLOS does not establish an absolute obligation, its clear wording implies a presumption of cooperation, which also follows from the general principle of good faith in the performance of contractual obligations. The provisions of UNCLOS do not explicitly require or mention extradition, mutual legal assistance or other forms of international cooperation, but by a broad interpretation of the general obligation to cooperate, it can be concluded that States have an obligation to extradite pirates and provide legal assistance (Cheah 2013, 11). This position has received support in the practice of States.

Judicial practice in piracy cases shows that mutual legal assistance facilitates the efforts of States not only in catching criminals, but also in bringing them to justice. For example, Russia cannot stay away from participating in countering piracy crimes, even though they are committed in regions remote from Russian territory. The victims of crimes are Russian citizens who are taken hostage by pirates. So, on August 15, 2019, the ship Marma- laita, sailing under the flag of Antigua and Barbuda, was attacked by pirates off the coast of Cameroon on the night of August 14 “Pirates Abduct Eight Crewmembers from Freighter off Cameroon”. The Maritime Executive. N. d. Accessed June 25, 2023. https://www.maritime-executive.com/article/pirates-abduct-eight-crewmembers- from-freighter-off-cameroon.. Eight members of her twelve-man crew were abducted. The German shipowner MC-Schiffahrt stated that an emergency response team was assembled and every effort was made to resolve this case in cooperation with government authorities and the ship's crew leaders. According to the Ministry of Foreign Affairs of the Russian Federation, three of the abducted crew members were Russian citizens. The Investigative Committee of the Russian Federation has instituted criminal proceedings on the abduction of Russian citizens during a pirate attack. As part of the proceedings in the case, requests were sent to foreign countries with a request for mutual legal assistance and information exchange.

Particular attention should be paid to the obligation to exchange information in order to counter piracy crimes. The UNSC resolutions on combating piracy also call on States to exchange information on actions related to piracy and armed robbery against ships Resolution 1816 (2008) adopted by the Security Council at its 5902^nd meeting on June 2, 2008. Accessed June 25, 2023. https://digitallibrary.un.org/record/627953.. States are responsible for alerting other countries to potential threats by transmitting relevant information and updating international police databases. Thus, in the Corfu Channel case, the International Court of Justice pointed to the obligation of States to notify and warn countries of impending danger on the basis of generally recognized principles, such as elementary considerations of humanity Corfu Channel (United Kingdom of Great Britain and Northern Ireland v. Albania). Judgment, 1949. Accessed June 25, 2023. https://www.icj-cij.org/en/case/1..

The obligation to exchange information with other States presents some difficulties. When exchanging information, restrictions are often imposed for reasons of national security, sovereignty or commercial confidentiality. Art. 302 of UNCLOS stipulates that the State may not provide information that contradicts the basic interests of its security. However, such restrictions should be implemented only as an exception to the general obligation to exchange information arising from Art. 100 UNCLOS. Other difficulties may arise in the exchange of information between the naval forces and law enforcement agencies. All the data collected is classified information, so there are obstacles to the use of data in the course of prosecution, as well as in the course of international cooperation with organizations that usually do not have access to classified information.

4. Activities of international and regional organizations in countering piracy crimes

4.1 The United Nations

The UN is called upon to assist States in applying the international legal framework aimed at countering piracy crimes. Assistance includes the provision of support and technical and any other assistance to States. The activities of the UNSC, which supplements the existing international legal framework on combating piracy with its resolutions, are particularly significant.

In 2002, the UN Office for West Africa and the Sahel (UNOWAS) was opened to achieve peace and security in West Africa The United Nations Office for West Africa and the Sahel. N. d. Accessed June 25, 2023. https://dppa. un.org/en/mission/unowas.. In 2011, the UN Regional Office for Central Africa (UNOCA) was established at the UN The United Nations Regional Office for Central Africa. N. d. Accessed June 25, 2023. https://dppa. un.org/en/mission/unoca.. Resolution 2039 (2012), adopted by UNSC, assigns to UNOCA the responsibility for facilitating the search for solutions aimed at ending piracy committed in the Gulf of Guinea Resolution 2039 (2012) adopted by the Security Council at its 6727^th meeting on February 29, 2012. Accessed June 25, 2023. https://digitallibrary.un.org/record/721780?ln=ru.. Resolution 2039 (2012) proposes cooperation with UNOWAS. Both offices played an important role in the preparation and organization of the summit of interested States in Yaounde in June 2013 “Fight against maritime piracy”. UNOCA. N. d. Accessed June 25, 2023. https://unoca.unmissions. org/en/fight-against-maritime-piracy.. During the Summit, a regional strategy to combat piracy in the Gulf of Guinea was adopted “Security Council, in Statement, Welcomes Adoption of Code of Conduct by Regional Leaders to Prevent Piracy in Gulf of Guinea, August 14, 2013”. UN. 2013. Accessed June 25, 2023. https://press.un.org/ en/2013/sc11091.doc.htm.. Thus, regional maritime patrols should be conducted in accordance with international law and national and regional maritime security strategies should be developed and implemented. UNOWAS, in partnership with UNOCA, supports efforts to develop and adopt a comprehensive Joint Regional Maritime Strategy to effectively combat piracy and related transnational criminal activities in the Gulf of Guinea

The United Nations Office on Drugs and Crime (hereinafter -- UNODC) is actively engaged in countering piracy crimes. On October 26, 2020, UNODC and the EU held a parallel event on maritime piracy within the framework of the 10^th session of the Conference of the Parties to the Palermo Convention “UNODC set to tackle maritime piracy in the Gulf of Guinea”. UNODC. N. d. Accessed June 25, 2023. https://www.unodc.org/nigeria/en/unodc-set-to-tackle-maritime-piracy-in-the-gulf-of-guinea.html.. A legal assessment conducted by UNO- DC throughout the region revealed that only a few countries have sufficient legal framework to effectively prosecute pirates. Moreover, weak national justice systems and the lack of procedures for the collection and transfer of evidence have negative consequences in countering piracy. UNODC recommends that States bring national criminal legislation on piracy in line with UNCLOS and criminalize the financing of piracy.

4.2 International Maritime Organization

IMO is a specialized agency of the United Nations International Maritime Organization. N. d. Accessed June 25, 2023. https://www.imo.org., which is responsible for the safety and security of international shipping. IMO, with the support of the shipping industry, has developed and adopted a number of anti-piracy measures that have helped mitigate the negative effects of piracy worldwide. IMO provides assistance to Member States that seek to develop their own national or regional measures to combat the threat of piracy or other illegal maritime activities.

In 2021, IMO convened a maritime safety working group in response to the growing number of pirate attacks on ships in the Gulf of Guinea. IMO Secretary General K. Lim expressed concern about the increasing number and severity of attacks on ships and crews in the Gulf of Guinea Region and insisted on the need for stakeholders to work together to restore security and reduce threats to the safety of crews and ships (Schuler 2021).

4.3 Interpol

Interpol Interpol. N. d. Accessed June 25, 2023. https://www.interpol.int. is an international criminal police organization, which, among other things, carries out counteraction to piracy crimes. In this area, Interpol carries out activities in the following areas:

— facilitating the exchange of information; the exchange of information is carried out between the Interpol General Secretariat and the member countries of the Organization through the encrypted Interpol Global Police Communications System (I-24/7);

— strengthening the capacity of rapid response services and law enforcement agencies; thus, Interpol has provided direct assistance to the Kenyan authorities in expanding access to Interpol's information and communication tools; the Kenyan police can use modern investigative tools (fingerprint devices, SIM card readers, etc.) to simplify and improve the effectiveness of further investigations and prosecutions “Contribution from Interpol to the CGPCS (WG1). Report”. UN. N. d. Accessed June 25, 2023. https://www.un.org/depts/los/general_assembly/contributions_2010/INTERPOL.pdf..

4.4 International Maritime Bureau

International Maritime Bureau (IMB) International Maritime Bureau. N. d. Accessed June 25, 2023. https://www.icc-ccs.org. is a specialized division of the International Chamber of Commerce and a non-profit organization. One of the main areas of competence of IMB is the fight against piracy. In 1992, the IMB Piracy Reporting Center was established. The center is based in Kuala Lumpur, Malaysia. He conducts round-the-clock surveillance of the world's shipping routes, reports on pirate attacks to local law enforcement agencies.

4.5 African Union

The African Union is a regional intergovernmental organization that unites 55 African States The African Union. N. d. Accessed June 25, 2023. https://au.int.. One of the goals of the African Union's activities is to maintain maritime security, including countering piracy crimes. The African Charter on Maritime Safety, Security and Development in Africa is the result of an Extraordinary Summit of the African Union held in Lomd, Togo, in October 20 1 6 The African Charter on Maritime Security, Safety and Development in Africa (the Lome Charter) 2016. Accessed June 25, 2023. https://au.int/sites/default/files/treaties/37286-treaty-african_charter_on_ maritime_security.pdf.. The purpose of the Lomd Charter is to prevent national and transnational crime, including piracy.

On July 23, 2021, the African Union adopted the Communique of the 1012^th Meeting of the African Union Peace and Security Council on the state of maritime security in Africa, which focused on the difficult situation in the field of maritime security, including piracy Communique of the 1012^th meeting of the African Union Peace and Security Council on the State of Maritime Security in Africa 2021. Accessed June 25, 2023. https://reliefweb.int/report/world/communi- que-1012th-meeting-african-union-peace-and-security-council-state-maritime.. States that have not yet signed and ratified the Lomd Charter have been called upon to consider signing and ratifying. The African Union called for further cooperation, dialogue, and exchange of best practices.

It is necessary to note the positive experience of the African Union in the fight against piracy in Somalia. The African Union Mission in Somalia (AMISOM) is assisting the Somali authorities in maintaining security. The fight against piracy must be carried out both on land and at sea, therefore, reducing the threat posed by the Somali terrorist group Harakat al-Shabaab and maintaining stability in this region help to reduce the number of pirate attacks. Since the tasks of combating piracy in the Gulf of Aden were completed, from April 1, 2022, AMISOM was replaced by the African Union Transition Mission in Somalia (ATMIS) in accordance with UNSC Resolution 2628 Resolution 2628 (2022) adopted by the Security Council at its 9009th meeting, on March 31, 2022. Accessed June 25, 2023. https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3- CF6E4FF96FF9%7D/S_RES_2628.pdf..

4.6 Association of Southeast Asian Nations

Association of Southeast Asian Nations (ASEAN) ASEAN. N. d. Accessed June 25, 2023. https://asean.org. adheres to an integrated and comprehensive approach to solving problems related to maritime security. ASEAN recognizes maritime piracy as a transnational crime. The ASEAN Action Plan on Combating Transnational Crime (2016-2025) stipulates that the continuation of close cooperation of ASEAN member States in the field of preventing and combating transnational crime is an important task ASEAN Plan of Action in Combating Transnational Crime (2016-2025). Accessed June 25, 2023. https://asean.org/wp-content/uploads/2021/01/ASEAN-Plan-of-Action-in-Combating-TC_Adopted-by- 11th-AMMTC-on-20Sept17-4.pdf.. The main duties of the Member States include consultations of ministers, the work of ministers on the extradition of criminals, the expansion of cooperation with other organizations and the development of regional documents.

In 2004, the ASEAN member States, namely Malaysia and Singapore, in cooperation with India, introduced a multilateral measure to combat piracy -- Trilateral Coordinated Patrols (MALSINDO) Launch of Trilateral Coordinated Patrols -- MALSINDO Malacca Straits Coordinated Patrol, July 20, 2004. Accessed June 25, 2023. https://www.nas.gov.sg/archivesonline/data/pdfdoc/MIND- EF_20040720001.pdf.. MALSINDO was needed to coordinate patrols in territorial waters. However, there has been no reduction in the number of pirate attacks since the introduction of this new measure. The main drawback of this measure was the absence of a provision on cross-border navigation into the territorial waters of each of the participating States, since such pursuit could be regarded by the participating States as an encroachment on their sovereignty.

4.7 Caribbean Community

The Caribbean Community (CARICOM) Maritime and Airspace Security Cooperation Agreement (CMASCA) is a multilateral agreement between CARICOM member States on the carriage of passengers and boarding of ships CARICOM Maritime and Airspace Security Cooperation Agreement 2008. Accessed February 27,

2022. https://www.un.org/depts/los/doalos_publications/LOSBulletins/buUetinpdf/bulletin68e.pdf.. The CARICOM Agreement classifies piracy as an activity that could endanger the security of a participating State or region.

It provides for mechanisms for cooperation and exchange of operational information, and also addresses the issue of jurisdiction over detained courts. The CARICOM Agreement allows ships of the security forces of one State Party to patrol in the waters of another State Party and, subject to certain conditions, to conduct law enforcement operations in the waters of another State Party. In addition, the State may search the ship, its cargo and persons on board, and detain the ship if evidence of any activity that may endanger maritime security is found.

4.8 European Union

The EU is one of the main participants in the fight against piracy in the Gulf of Guinea. The EU's interest in combating piracy in this region is due to the fact that European merchant ships constantly ply the waters of the Gulf of Guinea. In 2014, the EU adopted the Gulf of Guinea Strategy, which is a 12-page document describing the scale of the problem, what was done earlier, response measures and further actions to achieve four strategic goals EU Strategy on the Gulf of Guinea, 2014. Accessed June 25, 2023. https://www.consilium.europa. eu/media/28734/141582.pdf.. In addition, the EU has approved an Action Plan in the Gulf of Guinea for 2015-2020, which indicates the results of activities and difficulties faced by countries in countering piracy crimes Joint Staff Working Document. Gulf of Guinea Action Plan 2015-2020. Fifth Implementation Report. 2020. Accessed June 25, 2023. https://data.consilium.europa.eu/doc/document/ST-6183-2020-INIT/ en/pdf..

In countering piracy crimes in the Gulf of Guinea, the EU conducts bilateral dialogues with regional organizations and national governments; exchanges information; provides assistance in training employees of national institutions; introduces modern information and communication technologies; supports the economy of the region (increasing employment, supporting fishing and extractive industries).

Summing up the activities of international and regional organizations, we note that a fairly large number of different initiatives are proposed to help reduce pirate attacks. The fight against piracy in Somalia has been actively conducted for more than a decade both on land and at sea. The positive result is that no attacks were recorded in 2022. The fight against piracy in other regions also shows positive dynamics. However, factors such as lack of adequate funding, insufficient professionalism of law enforcement agencies, high crime growth do not make it possible to completely eradicate piracy.

5. Russia's participation in the fight against piracy

Since 2009, Russia has proposed the creation of an international tribunal for the prosecution of pirates. Deputy Prosecutor General of the Russian Federation Alexander Zvyagintsev (from January 2003 to December 2015) stated in an interview with Rossiys- kaya Gazeta that the Prosecutor General's Office concluded that it was possible to bring to justice persons committing acts of piracy under Russian law Interview of Deputy Prosecutor General of the Russian Federation A. G. Zvyagintsev to Rossiys- kaya Gazeta, May 13, 2009. Accessed June 25, 2023. https://epp.genproc.gov.ru/ru/web/gprf/mass-media/ interviews-and-presentations?item=4633619.. The transfer of detained pirates to Somali institutions does not make sense, since there are no prosecution mechanisms in Somalia. That is why all responsibility for investigative actions, prosecution should be assigned to the state whose vessel captures pirates, he argues.

In 2010, the issue of the creation of an international tribunal arose again. This was due to the fact that piracy off the coast of Somalia was getting worse, as well as legal uncertainty, which forced some States to release suspected pirates. Vitaly Churkin (Permanent Representative of Russia to the UN from April 2006 to February 2017) said that a stable legal mechanism is needed that will not leave pirates unpunished. One of the options, according to Vitaly Churkin, would be the creation of a special tribunal to try suspected pirates captured off the coast of Somalia. Other UNSC diplomats said that such special tribunals are quite difficult to create, they are expensive mechanisms and may not be worth the cost. According to them, it would be better to cooperate with countries like Kenya to help them continue to prosecute pirates in national courts “Vitaly Churkin called for the creation of international mechanisms for the trial of sea pirates, July 9, 2009”. UN. 2009. Accessed June 25, 2023. https://news.un.org/ru/story/2009/07/1147791..