Ayo Olorunfemi May 13, 2025

Maritime Piracy: Legal Frameworks and Security Challenges

Introduction

Maritime piracy remains a persistent global security threat with significant economic and humanitarian implications. The International Maritime Bureau reported 195 piracy incidents in 2020, representing a 20% increase from 2019. The annual global economic impact is estimated between $7-12 billion, encompassing ransoms, insurance premiums, re-routing expenses, security equipment, and naval force deployments.

This summary examines the complex legal frameworks developed to combat maritime piracy, analyzing international conventions, national legislative responses, and the operational challenges facing maritime stakeholders.

International Legal Frameworks

United Nations Convention on the Law of the Sea (UNCLOS)

UNCLOS, which entered into force in 1994, provides the most comprehensive international legal instrument addressing piracy. Key provisions include:

A precise definition of piracy in Article 101, characterizing it as illegal acts of violence, detention, or depredation committed for private ends on the high seas or in areas outside any state’s jurisdiction.
A universal jurisdiction principle requiring all states to cooperate in suppressing piracy.

However, UNCLOS has significant limitations:

Restricted definition excluding territorial waters
Requirement of a “two-ship” scenario
Limitation to acts committed for “private ends”

Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA)

Adopted in 1988 following the Achille Lauro incident, the SUA Convention addressed UNCLOS gaps by:

Extending jurisdiction to territorial waters
Eliminating the two-ship requirement
Removing the “private ends” limitation
Establishing a “prosecute or extradite” legal framework

The 2005 Protocol further expanded the Convention’s scope to address terrorism-related offenses.

National Legal Frameworks

Comparative Analysis of Maritime Piracy Legislation

Nigeria

Merchant Shipping Act of 2007
Suppression of Piracy and Other Maritime Offences (SPOMO) Act of 2019
Nigerian Maritime Administration and Safety Agency (NIMASA) Act

United Kingdom

Piracy Act of 1837
Merchant Shipping and Maritime Security Act 1997
Police and Criminal Evidence Act 1984

United States

Constitutional power to define and punish piracy
18 U.S.C. § 1651 prescribing life sentences for piracy
Maritime Transportation Security Act of 2002

Singapore

Maritime Offences Act
Penal Code Section 130B
Republic of Singapore Navy Act

Operational Challenges

Jurisdictional Challenges

Conflicting national interests
Varying interpretations of “high seas”
Prosecution difficulties in territorial waters of unstable states

Stakeholder-Specific Challenges

Shipowners

Balancing security measures with operational efficiency
Managing rising insurance premiums and ransoms
Implementing Best Management Practices
Legal implications of employing armed guards

2. Flag States

Fulfilling cooperation duties under UNCLOS
Exercising effective vessel control
Addressing “flags of convenience” issues

3. Coastal States

Limited maritime enforcement capabilities
Balancing sovereignty with international cooperation
Managing economic impacts of regional piracy
Addressing root causes like poverty and governance instability

Case Study: MV Sirius Star Hijacking

The 2008 hijacking of the Saudi-owned supertanker highlighted critical maritime security challenges:

Jurisdictional complexities
Debates surrounding ransom payments
Questions about naval intervention
Prosecutorial gaps leading to “catch and release” phenomena

Recommendations

Harmonize national laws to facilitate prosecution
Expand regional cooperation mechanisms
Enhance capacity building in piracy-affected regions
Address underlying socioeconomic causes
Revise UNCLOS to account for contemporary maritime threats

Conclusion

Maritime piracy continues to pose significant challenges to global commerce and security. While substantial progress has been made in developing legal frameworks, gaps and operational difficulties persist. Continued international cooperation, legal refinement, and addressing root causes remain crucial to effective maritime security governance.