In response to the increasing attacks in the Gulf of Aden, the European Union (EU) has called on Kenya to prosecute pirates apprehended in these international waters. An agreement on this matter could be reached in the coming days.
“All activities that threaten the livelihoods and freedom of movement of populations must be combated,” stated the head of the Kenyan Maritime Affairs Department in the press. This development is welcomed by Henriette Geiger, the EU Ambassador to Nairobi, who pointed out that without judicial authority, Operation Atalanta, the EU’s anti-piracy mission off the coast of Somalia, cannot detain the captured pirates.
Piracy often falls into a legal gray area, as highlighted by researcher Jessica Larsen in an article for the Danish Institute for International Studies. In reality, any country can prosecute acts of piracy committed in international waters, regardless of the vessel’s flag or the nationalities of the victims or pirates. Indeed, trials of Somali pirates have already taken place in Europe, notably in France and the Netherlands.
However, European countries are reluctant to handle the subsequent asylum or repatriation cases of acquitted suspects or convicts who have served their sentences. Hence, the EU prefers to engage its African partners. According to Henriette Geiger, the Seychelles has already agreed to this arrangement. Six Somalis accused of piracy were transferred there fifteen days ago.