Page 27: of Maritime Logistics Professional Magazine (Q1 2014)

26 28

term solutions lie on land – whether we are talking about Somalia, West Africa or any other piracy prone area of the world.”

Another contributing factor is the lack of a legal defi nition of Piracy and lack of legal jurisdiction for prosecution of pira- cy. The pirate ring leader Muse, who was captured by the US Navy in the Captain

Phillips movie, was recently convicted in

US federal court for Hijacking, Hostage

Taking, & Armed Robbery, but not Pira- cy. This is because there is no legal defi - nition of Piracy. Also, there is the lack of jurisdiction. Initially, pirates were being tried in Kenya, but the Kenyan govern- ment has since taken the position that these are Somali citizens, that attacked ships that are under foreign fl ags in in- ternational waters. So, how does Kenya have any jurisdiction or responsibility to prosecute these pirates? It is reported that over 1,500 pirates have been captured and released by naval ships because of the lack of any legal authority or jurisdic- tion for their detention or prosecution.

In short, Piracy is a highly complex in- ternational problem that continues to ex- ist as long as large income inequalities, poverty and political instability continue to exist. Its face might be changing, but we are still talking about the age-old risk.

The Author

John Barnwell is head of Allianz

Global Corporate & Specialty’s Global

Marine Business in the Americas, which includes a team of more than 420 marine insurance professionals in the

United States, Canada, Mexico and

Brazil. Prior to joining AGCS, John was Vice President of Ocean Cargo

Product at Fireman’s Fund Insurance

Company. He started his career at Aetna as a Property and Liability Underwriter before transferring to inland and ocean marine underwriting. He earned his undergraduate degree and MBA from St.

John’s University in New York. For more information: http://www.agcs.allianz. com/insights/white-papers-and-case- studies/piracy-report/ www.maritimeprofessional.com | Maritime Professional | 27

MP Q1 2014 18-33.indd 27 2/26/2014 1:25:16 PM