ABSTRACT

Transnational crime ranks very high among contemporary maritime security challenges. Under such circumstances, maritime law enforcement is a key tool in the quest to ensure safe and unimpeded navigation. Law enforcement at sea, much like policing on dry land, is an activity inclined to infringe on human rights, not least because it may involve coercion and even the use of (deadly) force. Yet, the human rights of suspects at sea have only been uncovered of late, which is unsurprising given that the law of the sea is in large part “human rights blind” and human rights law, in turn, until recently suffered from serious “seablindess”. In fact, it was only with the first truly international maritime law enforcement operation – the counter-piracy missions off the coast of Somalia – that the discussion was propelled forward. Simultaneously, however, the very characteristics of these operations pose particular challenges in the field of human rights.