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Law Professor Addresses UN
Professors Scharf and Sterio appear with Ambassador Winkler outside the Danish Foreign Ministry on September 17.
At the invitation of Danish Ambassador Thomas Winkler, Chairman of the UN Contact Group on Piracy off the Coast of Somalia, Professor Michael Scharf traveled to Copenhagen to lead a discussion on the problem of child piracy at the meeting of the UN Contact Group on Somalia Piracy at the Danish Foreign Ministry on September 17. 150 delegates participated in the meeting. Professor Milena Sterio of Cleveland State University also addressed the group with Scharf.
According to Scharf, "Child piracy has become an increasing problem, as nearly half the Somali pirates captured for trial in various countries are juveniles." He adds, "like child soldiers, juvenile pirates are both victims and perpetrators."
Scharf told the UN delegations in Copenhagen that the current approach has been a failure. "The international community's catch and release strategy has only encouraged more pirates to enlist the services of children," said Scharf. "The recruitment and use of child pirates needs to be stigmatized and punished."
Based on a memo prepared by our law student Danielle Fritz, which was distributed to the delegates, Scharf and Sterio recommended a new five-pronged approach to be implemented by the international community:
First, States need to conduct medical and dental examinations to determine the age of pirate defendants before they are subjected to trial.
Second, juvenile pirates need to be detained and tried separately from adults, and subjected to shorter prison terms, followed by efforts at rehabilitation, education, and job training -- so that they don't return to piracy.
Third, States that prosecute pirates need to consider the use of children in piracy as an aggravating factor in sentencing.
Fourth, States should prosecute the separate crime of recruitment and use of child pirates as a crime against humanity.
Finally, the International Criminal Court should consider prosecuting pirate kingpins responsible for recruiting and using child pirates using the recent Lubanga precedent, where the ICC convicted a war lord for the recruitment and use of child soldiers. Students working with the Professors are preparing a memo for the International Prosecutor on this issue.
The two professors, who have traveled to Kenya and the Seychelles to assist in piracy prosecutions, will be heading out to Mauritius in December to meet with judges and prosecutors there.
Law Professor Addresses UN
Professors Scharf and Sterio appear with Ambassador Winkler outside the Danish Foreign Ministry on September 17.
At the invitation of Danish Ambassador Thomas Winkler, Chairman of the UN Contact Group on Piracy off the Coast of Somalia, Professor Michael Scharf traveled to Copenhagen to lead a discussion on the problem of child piracy at the meeting of the UN Contact Group on Somalia Piracy at the Danish Foreign Ministry on September 17. 150 delegates participated in the meeting. Professor Milena Sterio of Cleveland State University also addressed the group with Scharf.
According to Scharf, "Child piracy has become an increasing problem, as nearly half the Somali pirates captured for trial in various countries are juveniles." He adds, "like child soldiers, juvenile pirates are both victims and perpetrators."
Scharf told the UN delegations in Copenhagen that the current approach has been a failure. "The international community's catch and release strategy has only encouraged more pirates to enlist the services of children," said Scharf. "The recruitment and use of child pirates needs to be stigmatized and punished."
Based on a memo prepared by our law student Danielle Fritz, which was distributed to the delegates, Scharf and Sterio recommended a new five-pronged approach to be implemented by the international community:
First, States need to conduct medical and dental examinations to determine the age of pirate defendants before they are subjected to trial.
Second, juvenile pirates need to be detained and tried separately from adults, and subjected to shorter prison terms, followed by efforts at rehabilitation, education, and job training -- so that they don't return to piracy.
Third, States that prosecute pirates need to consider the use of children in piracy as an aggravating factor in sentencing.
Fourth, States should prosecute the separate crime of recruitment and use of child pirates as a crime against humanity.
Finally, the International Criminal Court should consider prosecuting pirate kingpins responsible for recruiting and using child pirates using the recent Lubanga precedent, where the ICC convicted a war lord for the recruitment and use of child soldiers. Students working with the Professors are preparing a memo for the International Prosecutor on this issue.
The two professors, who have traveled to Kenya and the Seychelles to assist in piracy prosecutions, will be heading out to Mauritius in December to meet with judges and prosecutors there.
Archive
Law Professor Addresses UN
Professors Scharf and Sterio appear with Ambassador Winkler outside the Danish Foreign Ministry on September 17.
At the invitation of Danish Ambassador Thomas Winkler, Chairman of the UN Contact Group on Piracy off the Coast of Somalia, Professor Michael Scharf traveled to Copenhagen to lead a discussion on the problem of child piracy at the meeting of the UN Contact Group on Somalia Piracy at the Danish Foreign Ministry on September 17. 150 delegates participated in the meeting. Professor Milena Sterio of Cleveland State University also addressed the group with Scharf.
According to Scharf, "Child piracy has become an increasing problem, as nearly half the Somali pirates captured for trial in various countries are juveniles." He adds, "like child soldiers, juvenile pirates are both victims and perpetrators."
Scharf told the UN delegations in Copenhagen that the current approach has been a failure. "The international community's catch and release strategy has only encouraged more pirates to enlist the services of children," said Scharf. "The recruitment and use of child pirates needs to be stigmatized and punished."
Based on a memo prepared by our law student Danielle Fritz, which was distributed to the delegates, Scharf and Sterio recommended a new five-pronged approach to be implemented by the international community:
First, States need to conduct medical and dental examinations to determine the age of pirate defendants before they are subjected to trial.
Second, juvenile pirates need to be detained and tried separately from adults, and subjected to shorter prison terms, followed by efforts at rehabilitation, education, and job training -- so that they don't return to piracy.
Third, States that prosecute pirates need to consider the use of children in piracy as an aggravating factor in sentencing.
Fourth, States should prosecute the separate crime of recruitment and use of child pirates as a crime against humanity.
Finally, the International Criminal Court should consider prosecuting pirate kingpins responsible for recruiting and using child pirates using the recent Lubanga precedent, where the ICC convicted a war lord for the recruitment and use of child soldiers. Students working with the Professors are preparing a memo for the International Prosecutor on this issue.
The two professors, who have traveled to Kenya and the Seychelles to assist in piracy prosecutions, will be heading out to Mauritius in December to meet with judges and prosecutors there.
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