Prosecutors demanded prison sentences ranging from seven to ten years for five Somalis facing charges of piracy at the District Court in Rotterdam. They are accused of attempting to capture a South African yacht and using automatic weapons and rocket launchers against the French naval vessel which came to its aid.

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They were eventually overpowered by the crew of the HNLMS Amsterdam, the Dutch navy's rapid combat support ship. The captain of the South African yacht was rescued but two others on board are still missing, presumed kidnapped.

The five suspects have admitted to setting sail in rubber boats to attack ships off the coast of Somalia.

Piracy on the rise
Earlier this month the International Maritime Bureau reported that piracy attacks were on the rise. Although Somali piracy in particular has been increasing since 2009, these attacks have become less successful because ships have installed guards and security has been stepped up by international naval forces. However pirates are now using automatic weapons instead of knives and rocket-propelled grenade launchers. They are thus using new methods of attack to overcome circumstances such as bad weather, under which they would not have attacked a few years ago.

Impunity on the rise?
Pirates have rapidly become a thorn in the side of the shipping industry, as their attacks are costing companies not only thousands of dollars in ransom, but also thousands of dollars in security.

On June 21st, 2011 the UN’s top legal advisor, Patricia O’Brien, informed the Security Council that Somalia prefers to have a specialized piracy court in Somalia itself. In January 2011 Jack Lang, UN special envoy on maritime piracy, warned that gangs of pirates are operating with impunity. However no solution has been found yet.

In the Netherlands, twelve pirates are currently facing trial before the District Court in Rotterdam in two separate trials - one involving seven; the other, five pirates.

A US court sentenced five Somali pirates to life in prison in March. And Kenya, Tanzania, South Korea and Yemen have also prosecuted pirates.

The disadvantage of putting pirates on trial in countries far from their homes is that some pirates are actually attracted by national prosecutions, because after life in Somalia - things can only get better.

A piracy tribunal?
The international community patrolling the seas is searching for other solutions to halt the rise in piracy.
Due to better security on board and at sea, many pirates have been apprehended and questions are being asked about what to do with them.

Should they be released, or tried? If tried, where? In the country under which flag the ship sails, in Somalia or at a special tribunal?

However, trying the pirates in Somalia is not possible either.

Somalia is the prototype of what is considered a ‘failed state’, without a government or judicial system to try the pirates or even a prison where they could serve their sentences.

Thus an international piracy tribunal would offer a solution. However there is no international agreement on this!

And existing international maritime agreements and treaties are regarded as outdated and unsuitable in dealing with modern piracy.

On April 27, 2010 the UN Security Council unanimously approved Resolution 1918, which calls upon member states to prosecute, and criminalize piracy under their domestic laws, as well as urging the Secretary-General Ban Ki-moon to consider an international tribunal for prosecuting piracy.

The Netherlands and Russia have both proposed setting up an international piracy tribunal. Now it is up to other countries to offer suggestions on the way forward in dealing with international piracy.