Legal Responses to Transnational and International Crimes
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Legal Responses to Transnational and International Crimes

Towards an Integrative Approach

Edited by Harmen Van der Wilt and Christophe Paulussen

This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
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Chapter 4: Piracy at the intersection between international and national: regional enforcement of a transnational crime

Marta Bo


In this chapter, the author rebuts the more orthodox view that piracy is an international crime. This chapter discusses piracy as a transnational crime and contrasts its features with those of international crimes. It further discusses the problematic issues resulting from the multi-layered transnational legal framework applicable to piracy at both the substantive and procedural level. The author concludes by suggesting that a regional adjudicative mechanism may respond to the flaws inherent in transnational criminal law, in its enforcement and adjudication, and ultimately ensure that the rights of suspected pirates are respected and protected.

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