Judicial Trial of Pirates in Pakistan: An Analysis

Abstract

Maritime piracy has been a threat to global trade and commerce on maritime territory besides maritime security and navigation for the seafarers on the high seas. Concerted efforts have persistently been made to counter maritime piracy internationally and the role of Pakistan in improving sea navigation and maritime security and safety has always been applauded. While combating this transnational menace, a detailed and comprehensive review of the subject matter has been undertaken. This elucidates the complicacy surrounding maritime trials and maritime policy. It has been found that socio-economic factors, challenges and risks are associated with trial when it comes to adjudicating suspects involved in piratic activities. Along with the security risks in conducting trial there are evidentiary hurdles when it comes to gathering evidentiary and witness support during these trials. International Laws, Conventions, covenants, and treaties though cover the arrest of pirates and their custody but are silent on modes of their trials by a nation or an international forum. The most important question remains as to who would prosecute them under given laws and who will safeguard their right of fair trial right of audience and defense. Like other international communities, Pakistan has to face similar issues in the judicial trials of the pirates, if brought to Pakistan territory. This study analyses the same for a better understanding of issues and to find a viable solution for times to come.