ABSTRACT
Piracy off the coast of Somalia has solicited unparalleled amounts of international attention, media, and political and military investment in the decade. As the economic and human costs of Somali piracy reached 'crisis' levels, the international community's response was the establishment of various multilateral and bilateral counter-piracy operations that remain in operation today. This chapter seeks to highlight the challenges associated with a universal definition of maritime piracy by exploring the dynamics of Somali piracy within its local legal context. It attempts to push beyond the conventional understanding of maritime piracy as a criminal act by presenting an alternative understanding of maritime piracy as a form of maritime xeer – Somali customary law defined in terms of property rights. It is important to note that this chapter does not seek to legitimize the violence associated with maritime piracy, absolve pirates from blame of wrongdoing, or claim to understand the many diverse interpretations and applications of a very complex xeer system.
