Samenvatting

The increase of piracy attacks in the Horn of Africa as of 2007-2008 as well as its changing face towards types of maritime terrorism, has given rise to the question as to whether the contemporary system on the Laws of the High Seas needs to be revisited.In particular, the question merits thought as to the effectiveness of the adjudicatory system in piracy cases. At present, this is left into the hands of national jurisdictions to decide whether to investigate and prosecute such cases. However, the discretionary powers of states as to such prosecutions result in many lacunae. Should or could the International Criminal Court, instead of national jurisdictions, assume jurisdiction in these matters? If not, is there ample argument for the advent of an ad hoc international criminal tribunal on this area? In this article, answers to these queries will be provided.