International legal framework on maritime piracy

In August 2021, a high-level debate of the UNSC on the topic “Enhancing Maritime Security: A case for international cooperation” was held in the videoconference format on the initiative of India “Remarks at Security Council high-level open debate on `Enhancing Maritime Security: A case for international cooperation' [as delivered], August 9, 2021”. UN. 2021. Accessed June 25, 2023. https://www. un.org/sg/en/content/remarks-security-council-high-level-open-debate-enhancing-maritime-security- case-for-international-cooperation'-delivered.. The President of the Russian Federation took part in the debate and noted that Russia is aimed at combating crime at sea and promoting international cooperation. One of the most effective initiatives proposed by the President of the Russian Federation is the creation within the UNSC of a special body that would combat crimes at sea, piracy, maritime terrorism, hostage-taking. The involvement of experts, researchers, representatives of civil society and private business in the work of such a body would help improve the situation with maritime safety.

The 2015 Maritime Doctrine of the Russian Federation stipulates that one of the goals of the Russian Navy is to maintain maritime security, including taking part in the fight against piracy The Maritime Doctrine of the Russian Federation dated on July 26, 2015. Accessed June 25, 2023. http://www.consultant.ru/document/cons_doc_LAW_208427.. So, in October 2021, Russian sailors prevented the hijacking by pirates of the MSC Lucia, sailing under the flag of Panama in the Gulf of Guinea. After receiving a distress signal from the anti-submarine ship “Vice Admiral Kulakov”, a helicopter was lifted, which immediately flew to the area of the crime. Later, the crew was released and the ship was inspected In the Gulf of Guinea, Russian marines prevented an attempt by pirates to seize a civilian vessel, October 26, 2021. Accessed June 25, 2023. https://www.1tv.ru/news/2021-10-26/415368-v_gvineyskom_za- live_rossiyskie_morpehi_predotvratili_popytku_zahvata_piratami_grazhdanskogo_sudna?ysclid=lfffl0g3 eu801070170..

In January 2022, Russia, in cooperation with Iran and China, conducted CHIRU 2022 exercises in the Arabian Sea CHIRU-2022: Iran, China and Russia hold exercises in the Gulf of Oman, January 20, 2022. Accessed June 25, 2023. https://dfnc.ru/c106-technika/chiru-2022-v-omanskom-zalive-prohodit-uchenie- irana-kitaya-i-rossii.. These exercises were aimed at countering piracy crimes, as well as at practicing rescue at sea. During the exercises, firing, maneuvering, as well as inspections and the release of ships captured by pirates were carried out. The naval exercises were held within the framework of security and military cooperation between the three countries to counter existing threats.

So, Russia is proposing a large number of specific initiatives that could become important and useful mechanisms in the fight against piracy. However, these initiatives have not yet received support in the international community. Nevertheless, Russia continues to cooperate in the field of maritime security and provide legal and technical assistance to other States.

Conclusions

The historical genesis of piracy shows that the attempts made by States to counteract this crime have not always led to success. It was only in the middle of the 19^th century that States realized the importance of creating an international agreement. So, in the Paris Declaration Respecting Maritime Law of 1856, privateering was abolished. At the beginning of the 20^th century, the Draft Regulations on combating piracy of the League of Nations and the Harvard Draft of a group of American scientists were developed. The Harvard Draft laid the foundation for the creation of the 1958 Convention and UNCLOS, which summed up the search for a universally recognized definition of piracy.

Not only the 1958 Conventions and UNCLOS are designed to regulate countering piracy crimes, a number of UNSC resolutions expand and supplement the provisions of these Conventions. The resolutions are binding and contain mechanisms to counter piracy crimes, which have shown positive results in reducing attacks off the coast of Somalia. Regional agreements require additional attention, thanks to which the States of a particular region can cooperate in countering piracy crimes. They are designed to contribute to maintaining maritime security in different regions of the world.

Unfortunately, the existing international legal sources do not contain norms on specific forms of international cooperation, but by a broad interpretation of the general obligation to cooperate to the maximum extent possible, it can be concluded that States have an obligation to extradite pirates and provide legal assistance. This conclusion is also confirmed by the existing judicial practice in cases of piracy. States send requests to law enforcement agencies of foreign countries, exchange information, extradite criminals for prosecution and provide mutual legal assistance on other issues related to the investigation of crimes.

International and regional organizations are countering piracy crimes in different directions, but they pursue one goal, which is to reduce the number of pirate attacks and maintain the safety of maritime navigation. The creation of special mechanisms and the conduct of operations in high-risk regions, the exchange of information, assistance to coastal States and their capacity-building, naval cooperation, the exchange of intelligence data are those areas of activity that, when used in an integrated manner, bring positive results and a real reduction in crime.

Russian proposals to create an international tribunal for the prosecution of pirates and a special mechanism for combating crimes at sea under the auspices of the UN show that Russia is ready to fulfill not only its international obligations, but also to introduce new initiatives of a global nature.

In recent years, it is impossible not to note the positive dynamics and a decrease in the number of pirate attacks. The interested states not only cooperated with each other, but also proposed a large number of initiatives, the result of which was not long in coming. It is too early to talk about the complete eradication of piracy, but statistics for 2022 and the beginning of 2023 showed that the once unprecedented surge in piracy in the Gulf of Aden was reduced to isolated attempts of attacks.

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