Outsourcing the prosecution of Somali pirates to Kenya: A failure of international law, or a response to domestic politics of states?

Abstract

There has been a failure by the international community to establish an effective system of prosecution for the trial of captured Somali pirates. This failure is in part due to the inability of the United States and by developed countries in Europe to carry out their responsibility as prescribed under international laws dealing with the prosecution of captured pirates. Owing to domestic political pressures, it has become politically expedient to outsource the trial of captured Somali pirates to Kenya and other developing countries in the East African region. By the end of 2009, Kenya had signed six memoranda of understanding with Canada, China, Demark, the United Kingdom, the United States and the European Union. Kenya has become the single largest destination for the trial of captured Somali pirates whose victims are not Kenyans; the attacked vessels do not fly the Kenyan flag, the attacked ships are not managed by Kenyans and the crimes did not occur in Kenya's territorial waters...