Prosecuting International Crimes in Africa - PULP - University of ...

246 Chapter 11
support us. They did not support us. Others supported us but not well
enough’. 66
4 Conclusion
Kenya has been at the centre of prosecuting the now rampant cases of
piracy off the coast of Somalia. However, these efforts have met with real
challenges. Some of these relate to an inadequate international and
(earlier) municipal legislative framework, jurisdictional problems, a
number of risks, lack of capacity, amongst others.
There is thus need for the reviewing of the law to expand the scope of
piracy. Jurisdictional problems should be at the centre of such review. At
the very least these efforts ought to make sure that virtually all civilized
states have legislation proscribing piracy in the modern sense of the
offence. Further, the capacity of states/forums chosen for the prosecution
of pirates should first be evaluated. Even then support from the
international community is necessary to make the entire effort a success.
Support in this regard may involve material support in which case the
establishment of trusts and funds might be necessary. Cooperation may
also be in the form of sharing intelligence to aid both the seizing and
prosecution of piracy. If possible, the shipping fraternity could come
together to support and facilitate efforts at suppressing piracy. In the end,
it might help society to work towards the stabilization of Somalia and all
other failed or failing states.
66 Associated Press, available at http://news.yahoo.com/9/ap/privacy (accessed on 24
April 2010).