Posted on 11/19/2008 8:27:33 AM PST by reaganaut1
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Capturing pirates is not the critical problem. Rather, the issue is how to handle those in captivity. Traditionally, pirates fell within that category of illegitimate hostiles that once included slave traders, brigands on the roads and, in wartime, unprivileged or "unlawful" enemy combatants.
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The key problem is that America's NATO allies have effectively abandoned the historical legal rules permitting irregular fighters to be tried in special military courts (or, in the case of pirates, admiralty courts) in favor of a straightforward criminal-justice model. Although piracy is certainly a criminal offense, treating it like bank robbery or an ordinary murder case presents certain problems for Western states.
To begin with, common criminals cannot be targeted with military force. There are other issues as well. Last April the British Foreign Office reportedly warned the Royal Navy not to detain pirates, since this might violate their "human rights" and could even lead to claims of asylum in Britain. Turning the captives over to Somali authorities is also problematic -- since they might face the head- and hand-chopping rigors of Shariah law. Similar considerations have confounded U.S. government officials in their discussions of how to confront this new problem of an old terror at sea.
In the last few years, France determined to return its pirate prisoners to Somalia based on assurances of humanitarian treatment. The U.S. has, of course, rendered terror prisoners to foreign governments based on similar assurances, and only time will tell whether they are genuine. An equally important question is whether the transfer of captured pirates to local authorities will result in prosecution at all. In many areas, local governments may be subject to corruption or intimidation by strong pirate gangs.
(Excerpt) Read more at online.wsj.com ...
Beat me by less than two minutes.
I’ve solved the issue of how to handle prisoners.
Don’t take any.
Piracy at sea: shoot up the attackers, sail away. Leave any survivors for the sharks.
Give them a swift drop and a sudden stop. Dead men tell no tales.
H
These pirates are rumored to be Obama’s relatives.
Blow ‘em out of the water and send the pieces to their home country for disposal.
Please don't spread idiocy. Obama's relatives come from many hundreds of miles away, from far inland and from completely different groups.
This remark is like saying the Swiss are related to Sicilians.
“As...explained in 1718: “It is lawful for any one that takes (pirates), if they cannot with safety to themselves bring them under some government to be tried, to put them to death.” This law, of course, has changed since the 18th century. Pirates, brigands and unlawful combatants must now be tried before they can be punished.”
Well, presumably most pirate “punishments” (fatalities) occur when they are attempting to board. It is still legal in all countries to repel boarders by lethal force, isn’t it?
I’m having trouble understanding why modern technology cannot detect an approaching pirate vessel, and why modern weaponry cannot destroy said vessel before it can get too close; also, isn’t there a Delta force that can take out these pirates during the ransom negotiation process?
They are?
Keel hauling and drawn and quartering then walk the plank, matey!.............
Only thru their bank accounts............
Dead pirates tell no tales.
I know, set up yet another world UN Tribunal for them or give the ICC something to do and waste more money. It seems the way the world solves these issues now unfornately. Probably better to hire mercenaries or the Indian government.
send ‘em to Gitmo! Oh! wait... nevermind...
Use them as lab rats for testing new weapons
Trying to work up some sympathy here... Still trying... Still... trying... *grunt*
Phew! Nope, couldn't do it.
They’ll talk themselves to death and your children will still be talking about what to do with them when they become adults. Sink their boats and get it over with.
” These pirates are rumored to be Obama’s relatives. “
Just wondering - did your parents have any children that actually lived?
Idiot.
It would be much less expensive for shippers to equip their ships with a small armed force, and the necessary firepower to ward off pirates, than to continue on the current path.
As well, a “regional” quick reaction force of fighter aircraft that would respond to distress calls, and shoot to kill pirates, would also go a long way towards ending this crap.
If they encountered armed resistance in each attempt, in a year there would be few, if any, further attempts at hijacking ships at sea.
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