ABSTRACT
Geographical Scope of the Offence 45 Limitations within UNCLOS Definition of Piracy 46 Exercising Jurisdiction over Pirates: Limitations or Rules of Priority 47 Capacity to Try Pirates 47 Nexus between Rule-of-Law, the Economy, and Piracy 48
Recent Successful Arrests, Prosecutions, and Convictions of Pirates within SADC Region 48 Recommendations 49
Address Underlying Causes 49 Extend Mandate of Maritime Security Coordination Centre 49 Implement Standing Maritime Committee Functions 50 Technology 50 Establish an SADC Standby Brigade 50
Sea piracy is an organized crime. The degree to which it is a threat at any level, from the purely local to the international, depends on the degree to which it is organized effectively. Even with the lowest level of organization, piracy like street crime can be immensely destructive. If not confronted, it can suppress economic activity and distort economic incentives, lower productivity by increasing security and replacement costs, erode confidence in authority, and undermine notions of justice. The Southern African Development Community (SADC) region is a major trading partner to some of the largest economies of the world, including the United States, Europe, China, and the rest of Africa. This means that the transportation of goods via the southern African coastline is of vital importance. Strategically situated along vital sea routes of the world, the South Atlantic, the Indian, and the Southern Oceans, SADC has a coastline of about 3000 km along which its maritime waters are vulnerable to pirate activities. Therefore, it is important for the region to guard against pirates because one cannot predict with absolute certainty when pirates will strike its shores. This chapter seeks to explore the causes, extent, and modus operandi of piracy, as well as proposed strategies to combat it.
