Andreas Fischer-Lescano, Lena Kreck
Piraterie und Menschenrechte Rechtsfragen der Bekämpfung der Piraterie im Rahmen der europäischen Operation Atalanta
40,00 € including VAT
This essay discusses the German Federal Armed Forces' exterritorial obligations to basic and human rights in the fight against piracy as well as the legal issues arising from the detention and transfer to third countries of persons who are suspected of having committed acts of piracy. Interventions into the rights of the suspects caused by the detentions are unjustified. Sufficient justification is neither offered by § 127 StPO nor, due to insufficient specificity, by Art. 105 LOS in conjunction with the respective Security Council Resolutions. As piracy is a private offence, the deployment of the German Navy infringes the precept to keep separate police and the military. Furthermore, there exists well-founded proof that the conditions of detention and the criminal proceedings in Kenya violate human rights. Before this backdrop, the Federal Republic has failed to take sufficient measures for the protection of the suspects. In the case of transfer despite its ban in customary international law, the persons concerned are entitled to compensation.