What is the VFA

8/19/2019 What is the VFA

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What is the VFA?

-It is a bilateral visiting forces agreement between the Philippines and

the United States which came into force on May 27, 1! "his

agreement sets the parameters regarding visitation of US armed

#orces and the treatment of US personel d$ring these visitation

periods!

"he %greement &ontains articles along with its preamble !

The VFA breakdown:

Article I -Definitions

Military Personnel ' memebers of the US %rmy, (avy, Marie &orps,

%irforce and &oast )$ard

&ivillian Personel- individ$als who are neither nationals of nor

ordinarily resident in the Philippines and who are employed by theUnited States armed forces or who are accompanying the United

States armed forces, s$ch as employees of the %merican *ed &ross

and the United Services +rganiation!

Article II – Respect for P !aw

*espect for Philippine aw!

Article III- "ntr# and depart$re

.ntry and /epart$re-the agreement dictates that the Philippines will

facilitate in the depart$re and entry0epidited of US personnel and

that no visa or passport restrictions be implemented against them!

Article IV - Transport

US iss$ed official /rivers icenses will be valid!

US vehicles need not be registered in the P3

Article V - %ri&inal '$risdiction

"he article defines the 4$risdictions of the parties when it comes to

&riminal 5$stice!

1! Section 1 defines that the P3 will have 4$risdiction over US

personnel with respect to offenses which are comitted in the

P3 which is againsts P3 law6

"he P3 generally has primary right of 5$risdiction

2! It also gives the US the right to eercise criminal and

diciplinary 4$risdiction comitted by US personnel in the P3!

"he same goes for offenses relating to P3 sec$rity! 0treason,.spionage, Sabotage or violations of laws relating to national

defense

"he %greement contains vario$s proced$ral safeg$ards which

amongst other things establish the right to d$e process and proscribe

do$ble 4eopardy!

0do$ble 4eopardy does not apply for r$lings in the Philippines vs the

US! +nly US r$lings vs P3

&US"+/89

:"he c$stody of any United States personnel over whom the

Philippines is to eercise 4$risdiction shall immediately reside with

United States military a$thorities, if they so re;$est, from the

commission of the offense $ntil completion of all 4$dicial proceedings!<

"he %greement also prevents U!S! military personnel from being tried

in #ilipino religio$s or military co$rts!

Article VI -%lai&s

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*e;$ires both governments to waive any claims concerning loss of

materials 0tho$gh it does re;$ire that the U!S! honor contract$al

arrangements and comply with U!S! law regarding payment of 4$st

and reasonable compensation in settlement of meritorio$s claims for

damage, loss, personal in4$ry or death, ca$sed by acts or omissions

of United States personnel

Article VII –I&port ( ")port

US e;$ipment, Materials, S$pplies and other imported property are

eempted from d$ties or taes

Article VIII – *o+e&ent of Vessels and Aircraft

Upon approval of the P3 government US =essels and %ircraft are

given entry into P3 territory !

(o doc>ing and landing fees shall be d$e!

VFA in relation to "D%A:

"he =#% lays o$t the terms and conditions on the entry and visit of US

military personnel for military eercises! "hese provisions shall

li>ewise apply to the entry and temporary stay of US personnel $nder

./&%!

Wh# do we need still need "D%A?

In advancing the benefits that co$ld be derived from o$r defense

alliance with the United States, we needed to artic$late the

parameters, modalities and mechanisms to a greater degree!

What is "D%A,"nhanced Defence %ooperation Aree&ent.?

- It is a 2?1@ agreement between the United States and

the Philippines that see>s to bolster the U!S!'Philippine alliance! "he

agreement allows the United States to rotate troops into the

Philippines for etended stays and allows the U!S! to b$ild and

operate facilities on Philippine bases, for both %merican and

Philippine forces!

-"he ./&% is an agreement between the Philippines and the United

States which is envisioned to advance the implementation of the

Philippine-U!S! M$t$al /efense "reaty 0M/"!

What is *DT?

"he *$t$al Defense Treat# /etween the Rep$blic of the

Philippines and the 0nited 1tates of A&erica was signed on

%$g$st A?, 1B1 in Cashington, /!&! between representatives of

the Philippines

and the United States!

"he overall accord contained eight articles and dictated that both

nations would support each other if either the Philippines or the

United States were to be attacked by an external party.

Is "D%A %onstit$tional?

8es!

+n 5an$ary 12, the S$preme &o$rt voted 1?-@-1 to declare

constit$tional the .nhanced /efense &ooperation %greement

0./&%, the military deal signed by the Philippines and the United

States in 2?1@!

"he S& agreed with MalacaDang in its position that ./&% is an

eec$tive agreement and does not need the SenateEs conc$rrence

1o Is it a Treat# or an ")ec$ti+e aree&ent?

In declaring the ./&% constit$tional, the S& noted the PresidentEs

power to enter into an eec$tive agreement on foreign military bases,

troops, or facilities if it aims to implement an eisting law or treaty, and

if it is not the very instr$ment that allows the presence and entry of

these foreign troops!

"he high co$rt pointed o$t that the law re;$ires Senate conc$rrenceto a treaty and that an agreement can only be considered a treaty

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when it serves as an :instr$ment that allows the presence of foreign

military bases, troops or facilities!<

"he S& emphasied ./&% is :not the instr$ment that allows US

troops or facilities to enter as the =#% already has done that,< ' =#%

vailidity cited

:"he ./&% provides for arrangements to implement eisting treaties

following entry of foreign military troops or facilities $nder the =#% and

the M/", and th$s may be in the form of an eec$tive agreement

solely within the powers of the President and not re;$iring Senate

conc$rrence $nder %rticle F=III, Section 2B of the &onstit$tion,<

When was "D%A sined?

"he agreement was signed by Philippine Defense Secretary =oltaire

)amin and U!S! %mbassador to the Philippines Philip )oldberg in

Manila on %pril 2G, 2?1@!

+n 5an$ary 12, 2?1H, the Philippine S$preme &o$rt $pheld the

agreementEs constit$tionality in a 1?'@ vote!

What is its p$rpose?

"he ./&% is designed to promote the following between the

Philippines and its defense treaty ally the United States9

•

Interoperability• &apacity b$ilding towards %#P moderniation

• Strengthening %#P for eternal defense

• Maritime sec$rity

• Maritime domain awareness

• 3$manitarian assistance and disaster response 03%/*

ow?

0

5oint training eercises, s$ch as the ali>atan, and $nderta>ing

h$manitarian assistance and disaster relief cooperation activities, i!e!,

d$ring the aftermath of "yphoon 8olanda

1! &onstr$ction of facilities and infrastr$ct$re $pgrades6 and2! Storage and prepositioning of defense and 3%/* e;$ipment,

s$pplies and material!

Chere will these str$ct$res be constr$ctedJ /oes this mean that US

bases will be bac> in the P3J

-"hese will ta>e place in designated areas within a few %#P bases tobe agreed $pon by both Parties!

:%greed ocations< ' #acilities and areas that are provided by he P3

govt thro$ght the %#P and that the US can $se!

(ote that these are tempoary! "herefore the conccern that Permanent

bases in the P3 is witho$t merit! It is in the Preamble of ./&%

“Affirming that parties share an understanding for the US not to

establish a permanent military presence or base in the territory of the

Philippines.” Preamble! "D#A

Will "D%A i+e the 01 &ilitar# blanket a$thorit# to b$ild facilities

in AFP &ilitar# bases? Will the Philippines ha+e access to these

facilities? Who will own the&?

Under ./&%, before constr$ctions and other activities can be

$nderta>en, prior consent of the Philippines will have to be sec$red

thro$gh the M$t$al /efense oard 0M/ and Sec$rity .ngagement

oard 0S. which were established $nder the M/" and the =#%!

"he %#P base commander will have access to the entire area of thefacilities shared with the US military! "he Philippines will also own any

b$ilding and similar infrastr$ct$re that will be b$ilt by the US military!

3ow long will ./&% be in effectJ

/&% will have an initial term of 1? years! "here will be reg$lar bilateral

cons$ltations on the implementation of the %greement!

Will the entr# of n$clear weapons2 che&ical weapons and

bioloical weapons be allowed $nder the "D%A?

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(o according to ./&%6

%mong the Materials the US may bring :shall not incl$de n$clear

weapons,< in compliance with the Philippine &onstit$tion! ./&% also

reaffirms the two co$ntriesK respective obligations $nder the

&onvention on &hemical Ceapons and &onvention on iological

Ceapons!

1I1: Is the Isla&ic 1tateReall# a 1tate?

"he Islamic State 0also >nown as LISISL, LISIL, and /aash is aterrorist organiation that developed initially $nder the patronage of al-

aida! Its activities have ta>en the violence of terror organiations

and the threat they pose to democratic co$ntries to new heights!

%gainst this bac>gro$nd, many ;$estions arise concerning the

activities and stat$s of the organiation! In this article, I/I eperts on

terrorism and democracy address a basic legal ;$estion9 Chat criteria

m$st the caliphate of the Islamic State meet in order to be considered

a State $nder international lawJ

Introd$ction

"he Islamic State is a terrorist organiation that developed

$nder the a$spices of al-aida! It is also >now by the name ISIS

0an acronym for :"he Islamic State in Ira; and )reater Syriaing over large swaths of territory in

Ira; and Syria and has declared a M$slim caliphate in the

con;$ered territory, employing methods of fighting so br$tal that

even al-aida deno$nced the organiation! %s it en4oys new

military s$ccesses and gains more s$pporters, the threat it

poses to the Middle .ast region grows stronger with each

passing day!

"he Islamic StateEs methods of fighting involve infliction of

severe harm to h$man life, physical integrity, and property

res$lting in systematic violations of h$man rights! "his raises

serio$s concerns within the international comm$nity and calls

for a strong reaction against the Islamic State! %bo$t a month

ago, the organiation capt$red media headlines when it was

acc$sed of committing acts of m$rder, abd$ction, ep$lsion,

rape, and other h$man rights violations against the 8aidi

minority in Ira;! "he plight of the 8aidi, who fo$nd temporary

ref$ge on a mo$ntaintop in the Sin4ar region, prompted the

United States to attac> strategic targets of the organiation!

"hese attac>s were also intended to prevent the organiationEs

advance into additional areas in Ira; in which %merican citiens

are present!

In response to the %merican attac>s, some fo$r wee>s ago, the

Islamic State released a video clip doc$menting the beheading

of %merican 4o$rnalist 5ames #oley! In the last moments before

his eec$tion, #oley was forced to deno$nce the U!S! actions

and to even acc$se his brother, a pilot in the U!S! %rmy, of being

directly responsible for his impending death!

"he video also showed Steven Sotloff, another 4o$rnalist held bythe organiation, and sent a warning to U!S! President arac>


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+bama that contin$ed action against the Islamic State wo$ld

seal the fate of other captive 4o$rnalists and other %merican

citiens thro$gho$t the world!

%fter contin$ed attac>s by the U!S! against Islamic State

militants, an additional video was released, this time

doc$menting the beheading of Sotloff! 5$st before his br$tal

m$rder, Sotloff too was forced to deno$nce the U!S! action

against the Islamic State! In the video, the organiation again

showed another captive, this time a ritish citien, /avid

3aines, as a warning to other States against 4oining the U!S! in

its fight against the organiation!

ast wee>, the Islamic State released a third video, in which

/avid 3aines was eec$ted, following ritainEs decision to

cooperate militarily with the United States! "his time, 3aines

was forced to ma>e acc$sations against Prime Minister /avid

&ameron prior to being m$rdered, and the video showed

another ritish captive held by the organiation!

"he activities of the Islamic State have ta>en campaigns of

terror to new heights! %ltho$gh the Islamic State has s$cceeded

in generating headlines on a daily basis, it is still $nclear how it

will contin$e to evolve and how the international comm$nity willrespond to its activities! %gainst this bac>gro$nd, many

;$estions have been raised concerning the organiationEs

activities and its stat$s! In this article, we will see> to address a

basic legal ;$estion9 Chat criteria m$st the caliphates of the

Islamic State meet in order to be considered a State $nder

international law, and why co$ld its legal categoriation as a

State have a meaningf$l impact on the policy choice available to

the international comm$nity in its fight against the Islamic StateJ

The %riteria for Definin a 1tate

In recent years, international law has developed considerably

and now incl$des broad recognition of the legal rights and

d$ties of individ$als, non-State actors, and other entities!

(onetheless, as in the past, States remain the most important

actors in international law today, endowed with broader sets of

legal rights and obligations that those available to any other

international legal actor! "h$s, disc$ssing the ;$estion of

whether an entity is considered a State $nder international law

still has enormo$s legal significance!

"he definition of what constit$tes a State in international law has

been infl$enced over the years by important developments,

s$ch as the decoloniation of States in atin %merica, %frica,

%sia, and the Middle .ast, and the development of the right to

self-determination! +ther important developments incl$de the

dissol$tion of State blocs 0s$ch as the Soviet Union and States

0s$ch as 8$goslavia, attempts to anne territories 0s$ch as

*$ssiaEs activity in the &rimean Penins$la and in eastern

U>raine, and the need to cope with $ni;$e 0 sui generis cases,

s$ch as the Palestinian- controlled territories! "hese

developments have triggered etensive academic debate on

how to define a State in international law, and almost every new

development has led to new proposals for addressing the iss$e

in a $ni;$e manner!

In this short article, we will foc$s on the most accepted

re;$irements for determining the eistence of a State in

international lawNthe criteria stip$lated in the 1AA Montevideo

&onvention on the *ights and /$ties of States! "he fo$r criteria


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of this &onvention are9 a a permanent pop$lation, b a defined

territory, c an effective government, and d a capacity to enter

into relations with other States! eyond that, we will address two

additional re;$irements that are c$stomarily raised in relation to

an entity see>ing recognition as a State by the international

comm$nity9 independence and legitimacy! Ce will eamine the

possibility that these criteria can be f$lfilled in the case of the

Islamic State!

34 A Per&anent Pop$lation

"he re;$irement of a permanent pop$lation stems from the fact

that a State is a means of realiing the shared aspirations of

gro$ps that have $nited d$e to c$lt$ral, religio$s, historical or

other characteristics they have in common! "here is nothreshold of a minim$m n$mber of nationals necessary for a

State! %ll that is necessary is a permanent pop$lation that

identifies itself as citiens of the nation that ma>es $p the State!

"his re;$irement is f$lfilled when the pop$lation ties its fate to

the place in which the entity has been established and eercises

its power of governance!

It is still too early to determine whether the caliphate establishedby the Islamic State meets this re;$irement! %fter all, the

citiens of Ira; and Syria who are now in territory controlled by

the caliphate did not choose to tie their fate to that of the Islamic

State6 rather, they fo$nd themselves in their c$rrent sit$ation

beca$se of the Islamic StateEs 4o$rney of con;$est! Moreover,

the citiens of Ira; and Syria who are $nder the organiationEs

r$le cannot oppose the organiation witho$t ris>ing their lives6

conse;$ently, it is impossible to say that they chose to be

citiens of the caliphate and that they are interested in realiing

their shared aspirations within that State!

%nother possibility that co$ld res$lt in the pop$lation

re;$irement being met in the f$t$re is if the tho$sands of

members of the organiation, who identify completely with the

caliphate, were to be considered the citiens of the new State!

"he depth of the identification of members with the caliphate

can be seen both from symbolic acts that they have performed,

s$ch as b$rning the passports of their States of origin, and from

more concrete actions, ranging from active participation in

activities of the Islamic State thro$gh sacrificing their lives for

the common ca$se! 3owever, this possibility m$st be ;$alified

beca$se at this stage, the etent to which the members of the

organiation have chosen to permanently tie their fate to the

fate of the territory $nder their control is $nclear!

54 A Defined Territor#

"he interpretation of Ldefined territoryL $nder international law is

also ;$ite fleible! "he principal re;$irement of this condition is

that the entity m$st eercise effective control over a partic$lar

piece of land! "here is no minim$m re;$irement for scope of territory, as we can learn from the fact that States with very

small territory, s$ch as Monaco, have been recognied as

States! Permanent borders are also not necessary in order for

the eistence of a territory to be recognied6 for eample,

altho$gh the borders of the State of Israel were not eplicitly

recognied when the State was established, and some of them

remain in disp$te $ntil this very day, this does not detract from

IsraelEs legal stat$s as a State $nder international law!


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In the case of the caliphate established by the Islamic State, it is

clear that the organiation is eercising control over a broad

swath of land, which is li>ely to contin$e growing! 3owever, if

the bo$ndaries of territory $nder the caliphateEs control were to

shrin> or become $nstable, this wo$ld diminish the chances that

this re;$irement will be f$lfilled! More importantly, the manner in

which the Islamic State ac;$ires territoryNby $se of force and

gross violations of international lawNis problematic with regard

to the ;$estion of the StateEs legitimacy, as will be disc$ssed

below!

64 An "ffecti+e 7o+ern&ent

Chile an effective government is re;$ired for State stat$s,

international law does not dictate a preferred form of

governance! "hat is, both a democratic government and a

dictatorial government can e;$ally meet the re;$irement of

effective government! #rom the perspective of international law,

as long as the r$ling entity eercises governmental a$thority

within the territory, e!g!, by collecting taes and reg$lating the

4$dicial system, this re;$irement is met!

"he Islamic State $ses to$gh and br$tal means in order toestablish its governmental a$thority in the territory it controls!

"hese incl$de beheading opponents and $sing etreme

violence against those who ref$se to accept the Islamic faith!

"he caliphate eercises governmental a$thority over varied

facets of life in the territory it controls, ranging from reg$lating

local b$sinesses to impacting personal stat$s! In addition, there

are reports that in certain cases, the organiation allows non-

M$slims living $nder its r$le to pay a poll ta 0in %rabic9 'i(ya

that enables them to contin$e living in the caliphate, albeit as

second-rate citiens! It is reasonable to ass$me that the

organiation also collects other taes from the general

pop$lation!

ased on the above, it seems that the caliphate indeed

eercises governmental a$thority in the regions $nder its

control! If there are areas of life in which the Islamic State has

yet to impose its a$thority, it is reasonable to ass$me that this

will happen in the near f$t$re! Chile there are military forces

that are fighting against the Islamic State for control of the

territory, it seems that these forces are concentrating on the

hostilities at the moment and are not eercising competing

governmental a$thority in areas controlled by the Islamic State!

"he re;$irement of effective government may be even more

clearly f$lfilled in the near f$t$re if the caliphate s$cceeds in

eercising governmental a$thority in a consistent and stable

manner!

84 %apacit# to "nae in Relations with 9ther 1tates

"he capacity to engage in relations with other States seems to

be the least important re;$irement of the Montevideo&onvention! "his criterion pertains to the entityEs ability to

cond$ct foreign relations6 it does not necessarily mean that

other States agree to maintain diplomatic, economic, or other

relations with it! In other words, a State that is not recognied by

most States in the world can still theoretically meet this criterion!

3istory has shown, however, that when a State is not

recognied by most co$ntries, s$ch as in the case of


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Somaliland, the eistence of the State becomes largely

meaningless!

In the c$rrent contet, it is not clear whether or not the caliphate

see>s to cond$ct relations with other States! Similarly, it seems

that the States of the world are not interested in recogniing the

caliphate or in cond$cting any sort of relations with it!

(onetheless, in light of the considerable abilities the Islamic

State has demonstrated in a n$mber of areas, incl$ding military

capability and meas$res designed to infl$ence p$blic relations,

it appears that if it were to decide to do so, it wo$ld be able to

establish relations that wo$ld be s$fficient to meet this

condition!

4 The Independence of the Isla&ic 1tate

In addition to the fo$r re;$irements of the Montevideo

&onvention disc$ssed above, some international lawyers add

another criterion9 whether the State is independent! "he

re;$irement of independence refers to the StateEs ability to

operate as a State within the international comm$nity! "his

independence co$ld be, for eample, economic or political!

Chile it has been arg$ed that the Islamic State receives f$nding

from certain States, its operational s$ccess is strengthening its

economic independence with each passing day! Members of the

organiation, inter alia, pl$nder territories they invade,

appropriating f$nds from ban>s and val$ables from privately

owned safe deposit boes! "he organiation has also ta>en

over oil fields in Ira; and Syria, and generates s$bstantial

reven$e from the sale of nat$ral reso$rces! Cith regard topolitical dependence, it seems that the Islamic State does not

see itself as s$bordinate to any other State, and that other

etremist S$nni organiations, s$ch as al-aida and 3amas,

see it as a distinct entity that sho$ld be deno$nced!

;4 !eiti&ac#

"he last re;$irement fo$nd in international law literat$re that we

will address, which is one of the most important aspects of o$r

disc$ssion, is the re;$irement of legitimacy! In the past,

especially in the decoloniation of %frican States, entities were

created that did not completely f$lfill the conditions stip$lated

above, b$t the fact that they received international legitimacy

and recognition from other States served as the basis for their

legal stat$s as States! +n the other hand, there are entities

s$ch as Somaliland, which meet the criteria disc$ssed above in

a more s$bstantial way, b$t have not received legitimacy since

they were not established in accordance with international law

principles, and have not been recognied by other States! %s a

res$lt, s$ch Lillegitimate entitiesL cannot f$nction as States in

the international comm$nity by, for eample, 4oining the United

(ations!

.ntities receive legitimacy when they are regarded as a form of realiation of the right to self-determination of the people in the

territory they control! #or eample, it has been claimed by some

rebel gro$ps that people in a partic$lar region have the right to

secede from a sovereign State in order to realie their right to

self-determination! 3owever, since the sovereignty of the State

is a f$ndamental principle and cornerstone of international law,

the ability of regional gro$ps to realie the right to self-


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determination is generally limited by the overriding right of

eisting States to preserve their territorial integrity!

In the case at hand, we m$st determine whether the caliphate is

a legitimate realiation of a peopleEs right to secede from an

eisting State, in partic$lar from parts of Ira; and Syria!

)enerally spea>ing, secession from an eisting State violates

the sovereignty of that State, b$t in some cases it can be

4$stified! .amples of s$ch cases incl$de sit$ations in which a

people is s$b4ect to colonial r$le, cases in which there is a racist

regime, or cases in which a people is s$ffering from severe and

ongoing violations of basic h$man rights! "here are also those

who believe that secession from a State can be legitimate when

the seceding gro$p is ecl$ded from participating in the eercise

of national government and does not have access to means that

will enable it to develop politically, economically, socially, or

c$lt$rally!

In the case of the caliphate, it cannot be arg$ed that the

establishment of the State was based on one of the scenarios

that wo$ld 4$stify the secession of a gro$p from a region that is

$nder the sovereignty of Ira; or Syria! In fact, it seems that it is

act$ally the new regime that is systematically violating theh$man rights of the people in the territory, incl$ding the right to

life, the right to liberty, freedom of religion, and freedom of

epression!

%nother ;$estion related to the caliphateEs lac> of legitimacy is

the way in which the Islamic State has established its control!

"hro$gho$t history, States ac;$ired territory thro$gh the $se of

force! % s$bstantial part of the territory of the States of the worldhas been ac;$ired in this way! (onetheless, since the

establishment of the United (ations, which enshrined a

prohibition against the $se of force between States in its charter,

it has become c$stomary to say that territorial ac;$isition is

inadmissible thro$gh the threat or $se of force! "his r$le has

been invo>ed many times, for eample in U( Sec$rity &o$ncil

*esol$tion 2@2, which was adopted after IsraelEs Si /ay Car!

"his also clarified that sovereignty cannot be etended to

territories con;$ered in war!

"he caliphate of the Islamic State controls territory that was

ac;$ired $sing br$tal force that is almost indescribable! Perhaps

the international comm$nity wo$ld view the sit$ation differently if

the Islamic State had established its control via legitimate

means, s$ch as elections! 3owever, the activity of the Islamic

State is characteried by violations of international law, and

specifically war crimes and crimes against h$manity! Some

arg$e that the organiationEs actions against the 8aidi minority

constit$te genocide or an attempt to commit genocide! In

addition, the territories $nder the Islamic StateEs control are part

of the sovereign territory of Ira; and of Syria6 and so long as

these States have not formally disintegrated or s$rrendered

sovereignty over parts of their territory thro$gh one of the

methods accepted $nder international law 0s$ch as anagreement, their right to sovereign integrity remains in force!

%ccordingly, at this stage, the caliphate does not have

international legitimacy and is not recognied by the States of

the world! .ven if the caliphate were to meet the

aforementioned condition, it will find it very diffic$lt to f$nction as

a State in the international comm$nity! % change in this sit$ation

co$ld occ$r if Ira; or Syria officially dissolve, as was the case in


10/19

the former 8$goslavia! "he events in Ira; and Syria can act$ally

be seen as the start of a process of dissol$tion6 at the c$rrent

stage, however, it seems that the international comm$nity is not

interested in enco$raging or recogniing s$ch a process!

%oncl$sions

It is too early to declare that the caliphate established by the

Islamic State meets the re;$irements of a State $nder

international law! "he primary barrier the caliphate faces, and

apparently will contin$e to face in the near f$t$re, is its lac> of

legitimacy in the eyes of the international comm$nity and the

$nwillingness of States to recognie the Islamic State as a State

$nder international law and to cond$ct political, economic,

c$lt$ral, or other relations with it!

%t present, there is no $niform and $nified international

response to the Islamic State! &learly, the right to sovereignty,

and probably also the right to self-defense, entitles Ira; and

Syria to ta>e military action against the organiation! In addition,

it appears that the United States is relying on Ira;Es re;$est for

assistance in military activity aimed at reclaiming control of the

territories capt$red by the Islamic State! "he internationalcomm$nity has refrained so far, however, from ta>ing practical

action against the atrocities that are being committed by the

Islamic State!

+n the practical level, since the Islamic StateEs actions violate

international law, other States sho$ld not cooperate with the

organiation in a way that wo$ld legitimie its wrongdoings!

+ther States co$ld 4$stify military action against the IslamicState $nder the doctrine of h$manitarian intervention, which

see>s to stop severe and systematic violations of h$man rights

or h$manitarian law6 this was the 4$stification invo>ed by (%"+

for its military intervention in the former 8$goslavia! #$rther

4$stification for military action against the Islamic State can be

drawn from the Lresponsibility to protectL doctrine, which was

recognied by the U( )eneral %ssembly in 2??B and was $sed

to 4$stify the international military intervention in ibya d$ring the

revol$tion against addafiEs regime! %t the moment, it does not

appear that there is a State or gro$p of States that see> to base

their action on this specific doctrine! Perhaps the Islamic StateEs

advancement toward 5ordan, ebanon, or other States will lead

to a change in this regard!

#rom an instit$tional perspective, it seems that the correct and

proper co$rse of action wo$ld be for any international

intervention to be bac>ed by a resol$tion of the U( Sec$rity

&o$ncil, which is entr$sted with maintaining peace and sec$rity

in the world! "he Sec$rity &o$ncil is a$thoried to determine

that the Islamic State is a threat to peace, and, conse;$ently, to

impose economic sanctions on the organiation and even

approve the $se of military force against the Islamic State in the

name of the international comm$nity! %gainst the bac>gro$nd of

the severe damage to life and property, and together with theorganiationEs growing military strength d$e to its achievements

and the swelling ran>s of those who wish to 4oin it, it seems that

the threat posed by the Islamic State transcends borders,

religions, and c$lt$res, and is becoming more serio$s every day!

"herefore, decisive and $nited international response sho$ld be

ta>en against it!


11/19


12/19

increasingly impractical! S$bse;$ently, the worldKs n$clear weaponsstoc>piles grew!

"he clima of brin>smanship came in early 1H2, when an %merican U-2 spyplane photographed a series of la$nch sites for medi$m-range ballisticmissiles being constr$cted on the island of &$ba, 4$st off the coast of theso$thern United States, beginning what became >nown as the &$ban Missile&risis!

%fter stepping so close to the brin>, both the U!S! and the USS* wor>ed tored$ce their n$clear tensions in the years immediately following! "he mostimmediate c$lmination of this wor> was the signing of the Partial "est an"reaty in 1HA, in which the U!S! and USS* agreed to no longer test n$clear weapons in the atmosphere, $nderwater, or in o$ter space! "esting$ndergro$nd contin$ed, allowing for f$rther weapons development, b$t theworldwide fallo$t ris>s were p$rposef$lly red$ced, and the era of $singmassive n$clear tests as a form of saber-rattling ended!

In 1HA, all n$clear and many non-n$clear states signed the !i&ited Test/an Treat#2 pledging to refrain from testing n$clear weapons in theatmosphere, $nderwater, or in o$ter space! "he treaty permitted$ndergro$nd tests! $t even then, a lot of n$clear testing occ$rred!

Initial proliferation

In the fifties and sities, three more co$ntries 4oined the Ln$clear cl$b!L"he first UO n$clear weapon on 11 +ctober 1BH at Maralinga, So$th

%$stralia! ater came a missile, l$e Steel, intended for carriage by the =#orce bombers, and then the l$e Strea> medi$m-range ballisticmissile 0later canceled! %nglo-%merican cooperation on n$clear weaponswas restored by the 1BG US-UO M$t$al /efence %greement! %s a res$lt of this and the Polaris Sales %greement, the United Oingdom has bo$ght UnitedStates designs for s$bmarine missiles and fitted its own warheads! It retainsf$ll independent control over the $se of the missiles! It no longer possesses

any free-fall bombs!#rance had been heavily involved in n$clear research before Corld Car IIthro$gh the wor> of the 5oliot-&$ries! "his was discontin$ed after the war beca$se of the instability of the #o$rth *ep$blic and lac> of finances!3owever, in the 1B?s, #rance la$nched a civil n$clear research program,which prod$ced pl$toni$m as a byprod$ct!

In 1B1, &hina and the Soviet Union signed an agreement whereby &hinas$pplied $rani$m ore in echange for technical assistance in prod$cingn$clear weapons! In 1BA, &hina established a research program $nder theg$ise of civilian n$clear energy! "hro$gho$t the 1B?s the Soviet Unionprovided large amo$nts of e;$ipment! $t as the relations between the two

co$ntries worsened the Soviets red$ced the amo$nt of assistance and, in1B, ref$sed to donate a bomb for copying p$rposes! /espite this, the

&hinese made rapid progress and tested an atomic bomb on +ctober 1H,1H@, at op ($r ! "hey tested a n$clear missile on +ctober 2B, 1HH, and ahydrogen bomb on 5$ne 1@, 1H7!

&hinese n$clear warheads were prod$ced from 1HG and thermon$clear warheads from 17@! It is also tho$ght that &hinese warheads have beens$ccessf$lly miniat$rised from 22?? >g to 7?? >g thro$gh the $se of designsobtained by espionage from the United States! "he c$rrent n$mber of weapons is $n>nown owing to strict secrecy, b$t it is tho$ght that $p to 2???

warheads may have been prod$ced, tho$gh far fewer may be available for $se! &hina is the only n$clear weapons state to have g$aranteed the non-first $se of n$clear weapons!

%fter Corld Car II, the balance of power between the .astern and Cesternblocs and the fear of global destr$ction prevented the f$rther military $se of atomic bombs! "his fear was even a central part of &old Car strategy,referred to as the doctrine of M$t$ally %ss$red /estr$ction! So important wasthis balance to international political stability that a treaty, the %nti-allisticMissile "reaty 0or %M treaty, was signed by the U!S! and the USS* in 172to c$rtail the development of defenses against n$clear weapons and theballistic missiles that carry them! "his doctrine res$lted in a large increase in

the n$mber of n$clear weapons, as each side so$ght to ens$re it possessedthe firepower to destroy the opposition in all possible scenarios!

1econd n$clear ae

"he second nuclear age can be regarded as proliferation of n$clear weapons among lesser powers and for reasons other than the %merican-Soviet-&hinese rivalry!

India embar>ed relatively early on a program aimed at n$clear weaponscapability, b$t apparently accelerated this after border war with &hina in1H2! IndiaEs first atomic-test eplosion was in 17@ with Smiling )uddha,

which it described as a Lpeacef$l n$clear eplosion!L %fter the collapse of .astern Military 3igh &ommand and the disintegration of Pa>istan as a res$lt of the 171 Cinter war , h$tto of Pa>istan la$nchedscientific research on n$clear weapons! "he Indian test ca$sed Pa>istan tosp$r its programme, and the ISI cond$cted s$ccessf$l espionage operationsin the (etherlands, while also developing the programme indigeno$sly! Indiatested fission and perhaps f$sion devices in 1G, and Pa>istan s$ccessf$llytested fission devices that same year, raising concerns that they wo$ld $sen$clear weapons on each other!

%ll of the former Soviet bloc co$ntries with n$clear weapons 0elar$s,U>raine, and Oaa>hstan ret$rned their warheads to *$ssia by 1H!

https://en.wikipedia.org/wiki/Lockheed_U-2https://en.wikipedia.org/wiki/Lockheed_U-2https://en.wikipedia.org/wiki/Ballistic_missileshttps://en.wikipedia.org/wiki/Ballistic_missileshttps://en.wikipedia.org/wiki/Cubahttps://en.wikipedia.org/wiki/Cubahttps://en.wikipedia.org/wiki/Cubahttps://en.wikipedia.org/wiki/Cuban_Missile_Crisishttps://en.wikipedia.org/wiki/Cuban_Missile_Crisishttps://en.wikipedia.org/wiki/Saber-rattlinghttps://en.wikipedia.org/wiki/Saber-rattlinghttps://en.wikipedia.org/wiki/Limited_Test_Ban_Treatyhttps://en.wikipedia.org/wiki/Limited_Test_Ban_Treatyhttps://en.wikipedia.org/wiki/Maralingahttps://en.wikipedia.org/wiki/Maralingahttps://en.wikipedia.org/wiki/Maralingahttps://en.wikipedia.org/wiki/South_Australiahttps://en.wikipedia.org/wiki/South_Australiahttps://en.wikipedia.org/wiki/Blue_Steel_missilehttps://en.wikipedia.org/wiki/Blue_Steel_missilehttps://en.wikipedia.org/wiki/Blue_Streak_missilehttps://en.wikipedia.org/wiki/Medium-range_ballistic_missilehttps://en.wikipedia.org/wiki/Medium-range_ballistic_missilehttps://en.wikipedia.org/wiki/Medium-range_ballistic_missilehttps://en.wikipedia.org/wiki/1958_US-UK_Mutual_Defence_Agreementhttps://en.wikipedia.org/wiki/1958_US-UK_Mutual_Defence_Agreementhttps://en.wikipedia.org/wiki/1958_US-UK_Mutual_Defence_Agreementhttps://en.wikipedia.org/wiki/Polaris_Sales_Agreementhttps://en.wikipedia.org/wiki/Polaris_Sales_Agreementhttps://en.wikipedia.org/wiki/France_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/Fr%C3%A9d%C3%A9ric_Joliot-Curiehttps://en.wikipedia.org/wiki/Fr%C3%A9d%C3%A9ric_Joliot-Curiehttps://en.wikipedia.org/wiki/French_Fourth_Republichttps://en.wikipedia.org/wiki/People's_Republic_of_China_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/People's_Republic_of_China_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/596_(nuclear_test)https://en.wikipedia.org/wiki/Lop_Nurhttps://en.wikipedia.org/wiki/Lop_Nurhttps://en.wikipedia.org/wiki/Test_No._6https://en.wikipedia.org/wiki/Test_No._6https://en.wikipedia.org/wiki/Test_No._6https://en.wikipedia.org/wiki/Test_No._6https://en.wikipedia.org/wiki/Espionagehttps://en.wikipedia.org/wiki/Balance_of_power_in_international_relationshttps://en.wikipedia.org/wiki/Balance_of_power_in_international_relationshttps://en.wikipedia.org/wiki/Anti-Ballistic_Missile_Treatyhttps://en.wikipedia.org/wiki/Anti-Ballistic_Missile_Treatyhttps://en.wikipedia.org/wiki/Anti-Ballistic_Missile_Treatyhttps://en.wikipedia.org/wiki/Nuclear_proliferationhttps://en.wikipedia.org/wiki/Nuclear_proliferationhttps://en.wikipedia.org/wiki/Nuclear_proliferationhttps://en.wikipedia.org/wiki/India_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/Smiling_Buddhahttps://en.wikipedia.org/wiki/Smiling_Buddhahttps://en.wikipedia.org/wiki/Evolution_of_Pakistan_Eastern_Command_planhttps://en.wikipedia.org/wiki/Evolution_of_Pakistan_Eastern_Command_planhttps://en.wikipedia.org/wiki/Bangladesh_Liberation_Warhttps://en.wikipedia.org/wiki/Bangladesh_Liberation_Warhttps://en.wikipedia.org/wiki/Indo-Pakistani_war_of_1971https://en.wikipedia.org/wiki/Indo-Pakistani_war_of_1971https://en.wikipedia.org/wiki/Zulfikar_Ali_Bhuttohttps://en.wikipedia.org/wiki/Pakistan_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/ISI_(Pakistan)https://en.wikipedia.org/wiki/Operation_Shaktihttps://en.wikipedia.org/wiki/Operation_Shaktihttps://en.wikipedia.org/wiki/Operation_Shaktihttps://en.wikipedia.org/wiki/Operation_Shaktihttps://en.wikipedia.org/wiki/Chagai-Ihttps://en.wikipedia.org/wiki/Chagai-Ihttps://en.wikipedia.org/wiki/Chagai-Ihttps://en.wikipedia.org/wiki/Lockheed_U-2https://en.wikipedia.org/wiki/Ballistic_missileshttps://en.wikipedia.org/wiki/Ballistic_missileshttps://en.wikipedia.org/wiki/Cubahttps://en.wikipedia.org/wiki/Cuban_Missile_Crisishttps://en.wikipedia.org/wiki/Cuban_Missile_Crisishttps://en.wikipedia.org/wiki/Saber-rattlinghttps://en.wikipedia.org/wiki/Limited_Test_Ban_Treatyhttps://en.wikipedia.org/wiki/Limited_Test_Ban_Treatyhttps://en.wikipedia.org/wiki/Maralingahttps://en.wikipedia.org/wiki/South_Australiahttps://en.wikipedia.org/wiki/South_Australiahttps://en.wikipedia.org/wiki/Blue_Steel_missilehttps://en.wikipedia.org/wiki/Blue_Streak_missilehttps://en.wikipedia.org/wiki/Medium-range_ballistic_missilehttps://en.wikipedia.org/wiki/Medium-range_ballistic_missilehttps://en.wikipedia.org/wiki/1958_US-UK_Mutual_Defence_Agreementhttps://en.wikipedia.org/wiki/Polaris_Sales_Agreementhttps://en.wikipedia.org/wiki/France_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/Fr%C3%A9d%C3%A9ric_Joliot-Curiehttps://en.wikipedia.org/wiki/French_Fourth_Republichttps://en.wikipedia.org/wiki/People's_Republic_of_China_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/596_(nuclear_test)https://en.wikipedia.org/wiki/Lop_Nurhttps://en.wikipedia.org/wiki/Test_No._6https://en.wikipedia.org/wiki/Test_No._6https://en.wikipedia.org/wiki/Espionagehttps://en.wikipedia.org/wiki/Balance_of_power_in_international_relationshttps://en.wikipedia.org/wiki/Anti-Ballistic_Missile_Treatyhttps://en.wikipedia.org/wiki/Anti-Ballistic_Missile_Treatyhttps://en.wikipedia.org/wiki/Nuclear_proliferationhttps://en.wikipedia.org/wiki/Nuclear_proliferationhttps://en.wikipedia.org/wiki/India_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/Smiling_Buddhahttps://en.wikipedia.org/wiki/Evolution_of_Pakistan_Eastern_Command_planhttps://en.wikipedia.org/wiki/Bangladesh_Liberation_Warhttps://en.wikipedia.org/wiki/Indo-Pakistani_war_of_1971https://en.wikipedia.org/wiki/Zulfikar_Ali_Bhuttohttps://en.wikipedia.org/wiki/Pakistan_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/ISI_(Pakistan)https://en.wikipedia.org/wiki/Operation_Shaktihttps://en.wikipedia.org/wiki/Operation_Shaktihttps://en.wikipedia.org/wiki/Chagai-Ihttps://en.wikipedia.org/wiki/Chagai-I


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So$th %frica also had an active program to develop $rani$m-based n$clear weapons, b$t dismantled its n$clear weapon program in the 1?s! .pertsdo not believe it act$ally tested s$ch a weapon, tho$gh it later claimed itconstr$cted several cr$de devices that it event$ally dismantled! In the late17?s %merican spy satellites detected a Lbrief, intense, do$ble flash of lightnear the so$thern tip of %frica!L Onown as the =ela Incident, i t wasspec$lated to have been a So$th %frican or possibly Israeli n$clear weaponstest, tho$gh some feel that it may have been ca$sed by nat$ral events or adetector malf$nction!

Israel is widely believed to possess an arsenal of $p to several h$ndredn$clear warheads, b$t this has never been officially confirmed or denied0tho$gh the eistence of their /imona n$clear facility was confirmedby Mordechai =an$n$ in 1GH!

P$blic press$re and the research res$lts s$bse;$ently led to a &oratori$&on abo+e-ro$nd n$clear weapons testin ,non-proliferation treat#.,followed by the Partial Test /an Treat#2 signed in 1HA by 5ohn #!Oennedy and (i>ita Ohr$shchev!

In 5an$ary 2??@, /r %! ! Ohan of Pa>istanEs programme confessed tohaving been a >ey mover in Lproliferation activitiesL, seen as part of an

international proliferation networ> of materials, >nowledge, and machinesfrom Pa>istan to ibya, Iran, and (orth Oorea!

(orth Oorea anno$nced in 2??A that it also had several n$clear eplosivestho$gh it has not been confirmed and the validity of this has been a s$b4ectof scr$tiny amongst weapons eperts! "he first claimed detonation of an$clear weapon by the /emocratic PeopleEs *ep$blic of Oorea was the 2??H(orth Oorean n$clear test, cond$cted on +ctober , 2??H! +n May 2B, 2??,(orth Oorea contin$ed n$clear testing, violating United (ations Sec$rity&o$ncil *esol$tion 171G! % third test was cond$cted on 1A #ebr$ary 2?1A!

%o&prehensi+e were called

weapons-related tests, while those cond$cted to gain information abo$t the

weaponsK effects on str$ct$res or organisms were >nown as weapons effects

tests! %dditional types of n$clear tests have been considered possible as well

0e!g! n$clear tests as part of anti-ballistic missile testing!

/reakin the de facto &oratori$&

%bo$t seven n$clear tests were cond$cted between 1G and 2?1A9 two by

India and two by Pa>istan in 1G and one by the /emocratic PeopleKs

*ep$blic of Oorea 0/P*O in each2??H, 2?? and 2?1A, th$s brea>ing the

de facto &oratori$& that the &"" had established!

(ow, /P*O is the only co$ntry to have cond$cted n$clear tests in this

cent$ry - on +ctober 2??H, 2B May 2?? and 12 #ebr$ary 2?1A! %ll three

events were ;$ic>ly, reliably and precisely detected by the verification

regime! %fter each of the tests, the U( Sec$rity &o$ncil $nanimo$sly

adopted sanction resol$tions! "he /P*OEs actions were met with near-

$niversal epressions of concern, incl$ding for violations of the letter and

spirit of the &""

"oday, other n$clear arms states, &hina, India, and Pa>istan, in partic$lar,

are all p$rs$ing new ballistic missile, cr$ise missile, and sea-based n$clear

delivery systems! In addition, Pa>istan has dangero$sly lowered the

threshold for n$clear weapons $se by developing tactical n$clear weapons

capabilities to co$nter perceived Indian conventional military threats! (orth

Oorea contin$es its n$clear p$rs$its in violation of its earlier den$cleariation

pledges! "hese arsenals, altho$gh smaller in n$mber, are dangero$s and

destabiliing!

3==;: %o&prehensi+e istan in 1G as well as those of the

/emocratic PeopleKs *ep$blic of Oorea 0/P*O in 2??H, 2?? and 2?1A

have all provo>ed $niversal condemnation incl$ding $nanimo$sly adopted

sanctions by the U!(! Sec$rity &o$ncil!

https://en.wikipedia.org/wiki/South_Africa_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/Vela_Incidenthttps://en.wikipedia.org/wiki/Vela_Incidenthttps://en.wikipedia.org/wiki/Israel_and_nuclear_weaponshttps://en.wikipedia.org/wiki/Israel_and_nuclear_weaponshttps://en.wikipedia.org/wiki/Negev_Nuclear_Research_Centerhttps://en.wikipedia.org/wiki/Negev_Nuclear_Research_Centerhttps://en.wikipedia.org/wiki/Mordechai_Vanunuhttps://en.wikipedia.org/wiki/Mordechai_Vanunuhttps://en.wikipedia.org/wiki/Mordechai_Vanunuhttps://en.wikipedia.org/wiki/Partial_Test_Ban_Treatyhttps://en.wikipedia.org/wiki/John_F._Kennedyhttps://en.wikipedia.org/wiki/John_F._Kennedyhttps://en.wikipedia.org/wiki/Nikita_Khrushchevhttps://en.wikipedia.org/wiki/Abdul_Qadeer_Khanhttps://en.wikipedia.org/wiki/North_Korea_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/2006_North_Korean_nuclear_testhttps://en.wikipedia.org/wiki/2006_North_Korean_nuclear_testhttps://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_1718https://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_1718https://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_1718https://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_1718https://en.wikipedia.org/wiki/North_Korean_nuclear_testhttps://en.wikipedia.org/wiki/North_Korean_nuclear_testhttp://www.ctbto.org/index.php?id=280&no_cache=1&letter=s#signaturehttp://www.ctbto.org/index.php?id=280&no_cache=1&letter=s#signaturehttp://www.ctbto.org/index.php?id=280&no_cache=1&letter=c#comprehensive-nuclear-test-ban-treatyhttp://www.ctbto.org/index.php?id=280&no_cache=1&letter=c#comprehensive-nuclear-test-ban-treatyhttp://www.ctbto.org/index.php?id=280&no_cache=1&letter=a#anti-ballistic-missilehttp://www.ctbto.org/press-centre/highlights/2007/the-ctbt-verification-regime-put-to-the-test-the-event-in-the-dprk-on-9-october-2006/http://www.ctbto.org/press-centre/highlights/2007/the-ctbt-verification-regime-put-to-the-test-the-event-in-the-dprk-on-9-october-2006/http://www.ctbto.org/the-treaty/developments-after-1996/2009-dprk-announced-nuclear-test/http://www.ctbto.org/the-treaty/developments-after-1996/2009-dprk-announced-nuclear-test/http://www.ctbto.org/the-treaty/developments-after-1996/2013-dprk-announced-nuclear-test/http://www.ctbto.org/the-treaty/developments-after-1996/2013-dprk-announced-nuclear-test/http://www.ctbto.org/specials/testing-times/9-october-2006-first-dprk-nuclear-test/http://www.ctbto.org/the-treaty/developments-after-1996/2009-dprk-announced-nuclear-test/http://www.ctbto.org/the-treaty/developments-after-1996/2009-dprk-announced-nuclear-test/http://www.ctbto.org/the-treaty/developments-after-1996/2013-dprk-announced-nuclear-test/http://www.ctbto.org/verification-regime/http://www.ctbto.org/verification-regime/http://www.ctbto.org/index.php?id=280&no_cache=1&letter=u#un-security-councilhttp://www.ctbto.org/the-treaty/developments-after-1996/1998-emerging-nuclear-armed-states/page-1-1998-emerging-nuclear-armed-states/http://www.ctbto.org/the-treaty/developments-after-1996/1998-emerging-nuclear-armed-states/page-1-1998-emerging-nuclear-armed-states/http://www.ctbto.org/the-treaty/developments-after-1996/2013-dprk-announced-nuclear-test/https://en.wikipedia.org/wiki/South_Africa_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/Vela_Incidenthttps://en.wikipedia.org/wiki/Israel_and_nuclear_weaponshttps://en.wikipedia.org/wiki/Negev_Nuclear_Research_Centerhttps://en.wikipedia.org/wiki/Mordechai_Vanunuhttps://en.wikipedia.org/wiki/Partial_Test_Ban_Treatyhttps://en.wikipedia.org/wiki/John_F._Kennedyhttps://en.wikipedia.org/wiki/John_F._Kennedyhttps://en.wikipedia.org/wiki/Nikita_Khrushchevhttps://en.wikipedia.org/wiki/Abdul_Qadeer_Khanhttps://en.wikipedia.org/wiki/North_Korea_and_weapons_of_mass_destructionhttps://en.wikipedia.org/wiki/2006_North_Korean_nuclear_testhttps://en.wikipedia.org/wiki/2006_North_Korean_nuclear_testhttps://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_1718https://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_1718https://en.wikipedia.org/wiki/North_Korean_nuclear_testhttp://www.ctbto.org/index.php?id=280&no_cache=1&letter=s#signaturehttp://www.ctbto.org/index.php?id=280&no_cache=1&letter=c#comprehensive-nuclear-test-ban-treatyhttp://www.ctbto.org/index.php?id=280&no_cache=1&letter=a#anti-ballistic-missilehttp://www.ctbto.org/press-centre/highlights/2007/the-ctbt-verification-regime-put-to-the-test-the-event-in-the-dprk-on-9-october-2006/http://www.ctbto.org/the-treaty/developments-after-1996/2009-dprk-announced-nuclear-test/http://www.ctbto.org/the-treaty/developments-after-1996/2013-dprk-announced-nuclear-test/http://www.ctbto.org/specials/testing-times/9-october-2006-first-dprk-nuclear-test/http://www.ctbto.org/the-treaty/developments-after-1996/2009-dprk-announced-nuclear-test/http://www.ctbto.org/the-treaty/developments-after-1996/2013-dprk-announced-nuclear-test/http://www.ctbto.org/verification-regime/http://www.ctbto.org/verification-regime/http://www.ctbto.org/index.php?id=280&no_cache=1&letter=u#un-security-councilhttp://www.ctbto.org/the-treaty/developments-after-1996/1998-emerging-nuclear-armed-states/page-1-1998-emerging-nuclear-armed-states/http://www.ctbto.org/the-treaty/developments-after-1996/2013-dprk-announced-nuclear-test/


14/19

"o date, most of the worldKs co$ntries 0see "reaty stat$s map have signed

and ratified the &"", incl$ding the three n$clear weapon States #rance,

United Oingdom and *$ssia!

In parallel to the opening of the "reaty for signat$re, the Preparatory

&ommission for the &omprehensive ($clear-"est-an "reaty +rganiation

0&""+ was created, whose mandate is the establishment of the &""Ks

verification regime and the promotion of signat$res and ratifications of the

"reaty so that it can enter into force!

Chen complete, the IMS will consist of AA7 monitoring facilities! It will be

complemented by an intr$sive on-site inspection regime applicable once the

"reaty has entered into force! %lready today, the &""+Ks eperts are

confident that their system can detect and identify any militarily relevant

n$clear test anywhere on the planet!

0pdated: 9ctober 5>3

"he United (ations Sec$rity &o$ncil has adopted fo$r ma4or resol$tionssince 2??H that impose and strengthen sanctions on (orth Oorea for contin$ing to develop its n$clear weapons program and call on Pyongyang todismantle its n$clear program :in a complete, verifiable, and irreversiblemannerL and refrain from ballistic missile tests! "he first two resol$tions werepassed shortly after (orth Oorean n$clear tests in 2??H and 2??! "he thirdcame a month after (orth Oorea s$ccessf$lly la$nched a satellitein /ecember 2?12! (orth Oorea is prohibited from s$ch la$nches $nder previo$s U( Sec$rity &o$ncil *esol$tions beca$se the technology in asatellite la$nch vehicle has potential d$al $se applications to ballistic missiledevelopment! "he fo$rth was passed after (orth OoreaKs most recent n$clear test in #ebr$ary 2?1A! "he resol$tions since 2?? f$rnished U( member

states with interdiction a$thority, calling $pon states to inspect (orth Ooreancargo within their territory, and s$bse;$ently seie and dispose of goodsprohibited by U(S& *esol$tions!

%ll fo$r resol$tions were passed $nanimo$sly by the Sec$rity &o$ncil $nder &hapter =II, %rticle @1 of the United (ations &harter! Chile legally binding,states are prohibited from $sing force to carry o$t the obligations of theresol$tions! "he resol$tions call $pon (orth Oorea to re4oin the n$clear (on-Proliferation "reaty 0(P", which it acceded to in 1GB b$t withdrew from in2??A after U!S! allegations that the co$ntry was p$rs$ing an illegal $rani$menrichment program! "he Sec$rity &o$ncil also has called for (orth Oorea toret$rn to negotiations in the Si-Party "al>s, which incl$de So$th Oorea,

(orth Oorea, &hina, 5apan, *$ssia and the United States! "he tal>s began in2??A and aim to peacef$lly dismantle (orth OoreaKs n$clear weapons

program! ittle progress was made $ntil September 2??B, when the siparties achieved a brea>thro$gh and iss$ed a 4oint statement on agreedsteps for the den$cleariation of the Oorean penins$la! P$rs$ant to the 4ointstatement, in #ebr$ary 2??7 negotiators reached an agreement with (orthOorea to sh$t down its n$clear program in echange for h$manitarianaid! Progress on this front bro>e down, however, in 2?? when (orth Ooreacompletely withdrew from the tal>s in response to international condemnationof its attempt to la$nch a satellite in %pril 2??!

"o this date, U( Sec$rity &o$ncil resol$tions have been largely $ns$ccessf$lin preventing (orth Oorea from advancing its n$clear weapons and ballisticmissile programs, altho$gh the sanctions have slowed development in theseareas! "he United (ations contin$es to closely monitor theseprograms! "he 171G &ommittee, established by Sec$rity &o$ncil *esol$tion171G in 2??H, oversees implementation and enforcement of sanctionsagainst (orth Oorea! "he committee mandate has been renewed on anann$al basis and is now etended $ntil %pril 2?1H! % Panel of .perts,established by Sec$rity &o$ncil *esol$tion 1G7@ in 2??H, prod$ces reg$lar reports to the Sec$rity &o$ncil on the stat$s of the sanctions andenforcement! In the #ebr$ary 2?1B report , the Panel fo$nd that :the/emocratic PeopleKs *ep$blic of Oorea contin$ed to defy Sec$rity &o$ncilresol$tions by persisting with its n$clear and ballistic missileprogrammes< and also fo$nd :no evidence that the co$ntry intends to ceaseprohibited activities!< "he panel also offers recommendations to strengthenenforcement of the sanctions!

"he sanctions-enacting resol$tions since 2??H are preceded by Sec$rity

&o$ncil resol$tions condemning (orth Oorean n$clear and missile

proliferation! In response to (orth OoreaKs anno$ncement of intent to

withdraw from the (P", the Sec$rity &o$ncil passed *esol$tion G2B in 1A,

$rging (orth Oorea not to withdraw from the (P" to and honor its

nonproliferation obligations $nder the treaty! *esol$tion 1HB was passed in

2??H in response to ballistic missile la$nches in 5$ly, and calls on (orth

Oorea to s$spend activities related to its ballistic missile program! %dditional

Sec$rity &o$ncil resol$tions on (orth Oorea serve to etend the 171G

&ommittee mandate!

Ihstan

and the date of the first Soviet n$clear test cond$cted there in 1@!

http://www.ctbto.org/map/#statushttp://www.ctbto.org/the-treaty/developments-after-1996/1996-97-creating-a-ctbto-preparatory-commission/page-1-1996-97-creating-the-ctbto/http://www.ctbto.org/verification-regime/on-site-inspection/the-final-verification-measure/http://www.armscontrol.org/act/2006_11/tech%20http://www.armscontrol.org/act/2006_11/tech%20http://legacy.armscontrol.org/act/2009_6/NKhttp://legacy.armscontrol.org/act/2009_6/NKhttp://legacy.armscontrol.org/act/2013_01-02/North-Korea-Launch-Spurs-Talk-of-New-Policy%20http://legacy.armscontrol.org/act/2013_01-02/North-Korea-Launch-Spurs-Talk-of-New-Policy%20http://legacy.armscontrol.org/act/2013_04/UN-Imposes-New-Sanctions-on-North-Korea%20http://legacy.armscontrol.org/act/2003_01-02/nkorea_janfeb03%20http://legacy.armscontrol.org/act/2003_01-02/nkorea_janfeb03%20http://legacy.armscontrol.org/act/2003_01-02/nkorea_janfeb03%20http://legacy.armscontrol.org/act/2003_01-02/nkorea_janfeb03%20http://legacy.armscontrol.org/act/2009_5/NKorea_launches%20http://www.armscontrol.org/Threat-Assessment-Brief/Understanding-the-North-Korean-Nuclear-Threat%20http://www.armscontrol.org/Threat-Assessment-Brief/Understanding-the-North-Korean-Nuclear-Threat%20http://www.un.org/sc/committees/1718/http://www.un.org/sc/committees/1718/http://www.armscontrol.org/act/2006_11/NKTesthttp://www.un.org/ga/search/view_doc.asp?symbol=S/2015/131http://www.un.org/ga/search/view_doc.asp?symbol=S/2015/131http://www.un.org/en/events/againstnucleartestsday/http://www.un.org/en/events/againstnucleartestsday/2014/sgmessageweb.shtmlhttp://www.un.org/en/events/againstnucleartestsday/2014/sgmessageweb.shtmlhttp://www.ctbto.org/specials/testing-times/29-august-1949-first-soviet-nuclear-test/http://www.ctbto.org/specials/testing-times/29-august-1949-first-soviet-nuclear-test/http://www.ctbto.org/map/#statushttp://www.ctbto.org/the-treaty/developments-after-1996/1996-97-creating-a-ctbto-preparatory-commission/page-1-1996-97-creating-the-ctbto/http://www.ctbto.org/verification-regime/on-site-inspection/the-final-verification-measure/http://www.armscontrol.org/act/2006_11/tech%20http://legacy.armscontrol.org/act/2009_6/NKhttp://legacy.armscontrol.org/act/2013_01-02/North-Korea-Launch-Spurs-Talk-of-New-Policy%20http://legacy.armscontrol.org/act/2013_04/UN-Imposes-New-Sanctions-on-North-Korea%20http://legacy.armscontrol.org/act/2003_01-02/nkorea_janfeb03%20http://legacy.armscontrol.org/act/2003_01-02/nkorea_janfeb03%20http://legacy.armscontrol.org/act/2009_5/NKorea_launches%20http://www.armscontrol.org/Threat-Assessment-Brief/Understanding-the-North-Korean-Nuclear-Threat%20http://www.armscontrol.org/Threat-Assessment-Brief/Understanding-the-North-Korean-Nuclear-Threat%20http://www.un.org/sc/committees/1718/http://www.armscontrol.org/act/2006_11/NKTesthttp://www.un.org/ga/search/view_doc.asp?symbol=S/2015/131http://www.un.org/en/events/againstnucleartestsday/http://www.un.org/en/events/againstnucleartestsday/2014/sgmessageweb.shtmlhttp://www.ctbto.org/specials/testing-times/29-august-1949-first-soviet-nuclear-test/


15/19

%ccording to the resol$tion establishing it, the International /ay against($clear "ests aims to prevent more of the :devastating and harmf$l effectson the lives and health of people and the environment< ca$sed by n$clear testing!

Piracy

#rom Ci>ipedia, the free encyclopedia

*his article is about maritime piracy. +or unauthori(ed use! copying!modification or distribution of content! see #opyright infringement . +orother uses! see Pirate ,disambiguation-.

Pirate ship redirects here. +or the amusement ride! see Pirate ship

,ride-.

ritish sailors boarding an %lgerine pirateship and battling the pirates6

colored engraving by 5ohn #airb$rn 017A'1GA2

#rench pirate 5ac;$es de Sores looting and b$rning 3avana in 1BBB

Pirac# is an act of robbery or criminal violence at sea! "hose who

engage in acts of piracy are called pirates! "he earliest doc$mented

instances of piracy were in the 1@th cent$ry &, when the Sea Peoples,

a gro$p of ocean raiders, attac>ed the ships of

the %egean and Mediterranean civiliations! (arrow channels which

f$nnel shipping into predictable ro$tes have long created opport$nities for

piracy,1Q as well as for privateering and commerce raiding! Privateering

$ses similar methods to piracy, b$t the captain acts $nder orders of the

state a$thoriing the capt$re of merchant ships belonging to an enemy

nation, ma>ing it a legitimate form of war -li>e activity by non-state actors!2Q0#or a land-based parallel, compare the association of bandits and

brigands with mo$ntain passes!AQ

3istoric eamples incl$de the waters of )ibraltar, the Strait of Malacca, Madagascar, the )$lf of %den, and the

.nglish &hannel, whose geographic strict$res facilitated pirate attac>s!@Q

Chile the term can incl$de acts committed in the air , on land 0especially

across national borders or in connection with ta>ing over and robbing

a car or train, or in other ma4or bodies of water or on a shore, this article

foc$ses on maritime piracy! It does not normally incl$de crimes

committed against people traveling on the same vessel as the perpetrator

0e!g! one passenger stealing from others on the same vessel! Piracy or

pirating is the name of a specific crime $nder c$stomary internationallaw and also the name of a n$mber of crimes $nder the m$nicipal law of

a n$mber of states! In the 2???s, seaborne piracy against transport

vessels remains a significant iss$e 0with estimated worldwide losses of

USR1H billion per year in 2??7,BQHQ partic$larly in the waters between the

*ed Sea and Indian +cean, off the Somali coast, and also in the Strait of

Malacca and Singapore! Modern pirates favor $sing small boats and

ta>ing advantage of the small n$mber of crew members on modern cargo

vessels and transport ships! "hey also $se large vessels to s$pply the

smaller attac>boarding vessels! "he international comm$nity is facing

many challenges in bringing modern pirates to 4$stice, as these attac>soften occ$r in international waters!7Q

Legal aspectseditQ

0nited @indo& lawseditQ

% Merchant seaman aboard a fleet oil tan>er practices target shooting

with a *emington G7? 12 ga$ge shotg$n as part of training to

repel pirates in the Strait of Malacca!

http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/64/35http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/64/35https://en.wiktionary.org/wiki/maritimehttps://en.wiktionary.org/wiki/maritimehttps://en.wikipedia.org/wiki/Copyright_infringementhttps://en.wikipedia.org/wiki/Pirate_(disambiguation)https://en.wikipedia.org/wiki/Pirate_ship_(ride)https://en.wikipedia.org/wiki/Pirate_ship_(ride)https://en.wikipedia.org/wiki/Barbary_pirateshttps://en.wikipedia.org/wiki/Jacques_de_Soreshttps://en.wikipedia.org/wiki/Robberyhttps://en.wikipedia.org/wiki/Crimehttps://en.wikipedia.org/wiki/Violencehttps://en.wikipedia.org/wiki/Sea_Peopleshttps://en.wikipedia.org/wiki/Sea_Peopleshttps://en.wikipedia.org/wiki/Aegean_civilizationhttps://en.wikipedia.org/wiki/Aegean_civilizationhttps://en.wikipedia.org/wiki/Mediterraneanhttps://en.wikipedia.org/wiki/Piracy#cite_note-1https://en.wikipedia.org/wiki/Piracy#cite_note-1https://en.wikipedia.org/wiki/Piracy#cite_note-1https://en.wikipedia.org/wiki/Privateerhttps://en.wikipedia.org/wiki/Privateerhttps://en.wikipedia.org/wiki/Commerce_raidinghttps://en.wikipedia.org/wiki/Commerce_raidinghttps://en.wikipedia.org/wiki/Warhttps://en.wikipedia.org/wiki/Non-state_actorhttps://en.wikipedia.org/wiki/Piracy#cite_note-2https://en.wikipedia.org/wiki/Banditryhttps://en.wikipedia.org/wiki/Piracy#cite_note-3https://en.wikipedia.org/wiki/Piracy_in_the_Strait_of_Malaccahttps://en.wikipedia.org/wiki/Piracy_in_the_Strait_of_Malaccahttps://en.wikipedia.org/wiki/Piracy_in_Somaliahttps://en.wikipedia.org/wiki/Piracy#cite_note-4https://en.wikipedia.org/wiki/Air_hijackinghttps://en.wikipedia.org/wiki/Carjackinghttps://en.wikipedia.org/wiki/Carjackinghttps://en.wikipedia.org/wiki/Train_robberyhttps://en.wikipedia.org/wiki/Train_robberyhttps://en.wikipedia.org/wiki/Shorehttps://en.wikipedia.org/wiki/Shorehttps://en.wikipedia.org/wiki/Customary_international_lawhttps://en.wikipedia.org/wiki/Customary_international_lawhttps://en.wikipedia.org/wiki/Piracy#cite_note-foreignaffairs.org-5https://en.wikipedia.org/wiki/Piracy#cite_note-heritage.org-6https://en.wikipedia.org/wiki/Piracy#cite_note-heritage.org-6https://en.wikipedia.org/wiki/Strait_of_Malaccahttps://en.wikipedia.org/wiki/Strait_of_Malaccahttps://en.wikipedia.org/wiki/Strait_of_Malaccahttps://en.wikipedia.org/wiki/International_communityhttps://en.wikipedia.org/wiki/Justicehttps://en.wikipedia.org/wiki/International_watershttps://en.wikipedia.org/wiki/Piracy#cite_note-7https://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=25https://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=26https://en.wikipedia.org/wiki/Remington_870https://en.wikipedia.org/wiki/Remington_870https://en.wikipedia.org/wiki/Piracy_in_the_Strait_of_Malaccahttp://www.un.org/ga/search/view_doc.asp?symbol=A/RES/64/35https://en.wiktionary.org/wiki/maritimehttps://en.wikipedia.org/wiki/Copyright_infringementhttps://en.wikipedia.org/wiki/Pirate_(disambiguation)https://en.wikipedia.org/wiki/Pirate_ship_(ride)https://en.wikipedia.org/wiki/Pirate_ship_(ride)https://en.wikipedia.org/wiki/Barbary_pirateshttps://en.wikipedia.org/wiki/Jacques_de_Soreshttps://en.wikipedia.org/wiki/Robberyhttps://en.wikipedia.org/wiki/Crimehttps://en.wikipedia.org/wiki/Violencehttps://en.wikipedia.org/wiki/Sea_Peopleshttps://en.wikipedia.org/wiki/Aegean_civilizationhttps://en.wikipedia.org/wiki/Mediterraneanhttps://en.wikipedia.org/wiki/Piracy#cite_note-1https://en.wikipedia.org/wiki/Privateerhttps://en.wikipedia.org/wiki/Commerce_raidinghttps://en.wikipedia.org/wiki/Warhttps://en.wikipedia.org/wiki/Non-state_actorhttps://en.wikipedia.org/wiki/Piracy#cite_note-2https://en.wikipedia.org/wiki/Banditryhttps://en.wikipedia.org/wiki/Piracy#cite_note-3https://en.wikipedia.org/wiki/Piracy_in_the_Strait_of_Malaccahttps://en.wikipedia.org/wiki/Piracy_in_Somaliahttps://en.wikipedia.org/wiki/Piracy#cite_note-4https://en.wikipedia.org/wiki/Air_hijackinghttps://en.wikipedia.org/wiki/Carjackinghttps://en.wikipedia.org/wiki/Train_robberyhttps://en.wikipedia.org/wiki/Shorehttps://en.wikipedia.org/wiki/Customary_international_lawhttps://en.wikipedia.org/wiki/Customary_international_lawhttps://en.wikipedia.org/wiki/Piracy#cite_note-foreignaffairs.org-5https://en.wikipedia.org/wiki/Piracy#cite_note-heritage.org-6https://en.wikipedia.org/wiki/Strait_of_Malaccahttps://en.wikipedia.org/wiki/Strait_of_Malaccahttps://en.wikipedia.org/wiki/International_communityhttps://en.wikipedia.org/wiki/Justicehttps://en.wikipedia.org/wiki/International_watershttps://en.wikipedia.org/wiki/Piracy#cite_note-7https://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=25https://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=26https://en.wikipedia.org/wiki/Remington_870https://en.wikipedia.org/wiki/Piracy_in_the_Strait_of_Malacca


16/19

Section 2 of the Piracy %ct 1GA7 creates a stat$tory offence of

aggravated piracy! See also the Piracy %ct 1GB?!

In 2??G the ritish #oreign +ffice advised the *oyal (avy not to

detain pirates of certain nationalities as they might be able to

claim asyl$m in ritain $nder ritish h$man rights legislation, iftheir national laws incl$ded eec$tion, or m$tilation as a 4$dicial

p$nishment for crimes committed as pirates!1@AQ

Definition of pirac# $re enti$&

See section 2H of, and Sched$le B to, the Merchant Shipping

and Maritime Sec$rity %ct 17! "hese provisions replace the

Sched$le to the "o>yo &onvention %ct 1H7! In &ameron v 3M

%dvocate, 171 S" AAA, the 3igh &o$rt of 5$sticiary said that

that Sched$le s$pplemented the eisting law and did not see>

to restrict the scope of the offence of piracy 4$re genti$m!

See also9

• *e Piracy 5$re )enti$m 1A@Q %& BGH, P&

• %ttorney )eneral of 3ong Oong v Owo>-a-Sing 01G7A * B

P& 17

'$risdiction

See section @H02 of the Senior &o$rts %ct 1G1 and section

H of the "erritorial Caters 5$risdiction %ct 1G7G! See also * v

Oohn 01GH@ @ # T # HG!

Pirac# co&&itted b# or aainst aircraft

See section B of the %viation Sec$rity %ct 1G2!

1entence

"he boo> L %rchboldL said that in a case that does not fall within

section 2 of the Piracy %ct 1GA7, the penalty appears to be

determined by the +ffences at Sea %ct 17, which provides

that offences committed at sea are liable to the same penalty as

if they had been committed $pon the shore! 1@@Q

istor#

Cilliam 3aw>ins said that at common law, piracy by a s$b4ect

was esteemed to be petty treason! "he "reason %ct

1AB1 provided that this was not petty treason! 1@BQ

In .nglish admiralty law, piracy was classified as petit

treason d$ring the medieval period, and offenders were

accordingly liable to be drawn and ;$artered on conviction!

Piracy was redefined as a felony d$ring the reign of 3enry =III!

In either case, piracy cases were cogniable in the co$rts of

the ord 3igh %dmiral! .nglish admiralty vice-admiralty 4$dges

emphasied that Lneither #aith nor +ath is to be >eptL with

pirates6 i!e! contracts with pirates and oaths sworn to them were

not legally binding! Pirates were legally s$b4ect to s$mmary

eec$tion by their captors if capt$red in battle! In practice,

instances of s$mmary 4$stice and ann$lment of oaths and

https://en.wikipedia.org/wiki/Piracy_Act_1837https://en.wikipedia.org/wiki/Piracy_Act_1837https://en.wikipedia.org/wiki/Piracy_Act_1850https://en.wikipedia.org/wiki/Foreign_Officehttps://en.wikipedia.org/wiki/Human_Rights_Act_1998https://en.wikipedia.org/wiki/Piracy#cite_note-143https://en.wikipedia.org/w/index.php?title=Merchant_Shipping_and_Maritime_Security_Act_1997&action=edit&redlink=1https://en.wikipedia.org/w/index.php?title=Merchant_Shipping_and_Maritime_Security_Act_1997&action=edit&redlink=1https://en.wikipedia.org/w/index.php?title=Tokyo_Convention_Act_1967&action=edit&redlink=1https://en.wikipedia.org/w/index.php?title=Tokyo_Convention_Act_1967&action=edit&redlink=1https://en.wikipedia.org/wiki/High_Court_of_Justiciaryhttps://en.wikipedia.org/wiki/Privy_Councilhttps://en.wikipedia.org/wiki/Senior_Courts_Act_1981https://en.wikipedia.org/wiki/Senior_Courts_Act_1981http://www.legislation.gov.uk/ukpga/Vict/41-42/73/section/6http://www.legislation.gov.uk/ukpga/Vict/41-42/73/section/6https://en.wikipedia.org/wiki/Territorial_Waters_Jurisdiction_Act_1878https://en.wikipedia.org/wiki/Aviation_Security_Act_1982https://en.wikipedia.org/wiki/Archbold_Criminal_Pleading,_Evidence_and_Practicehttps://en.wikipedia.org/wiki/Offences_at_Sea_Act_1799https://en.wikipedia.org/wiki/Piracy#cite_note-144https://en.wikipedia.org/wiki/Common_lawhttps://en.wikipedia.org/wiki/Common_lawhttps://en.wikipedia.org/wiki/Petty_treasonhttps://en.wikipedia.org/wiki/Petty_treasonhttps://en.wikipedia.org/wiki/Treason_Act_1351https://en.wikipedia.org/wiki/Treason_Act_1351https://en.wikipedia.org/wiki/Piracy#cite_note-145https://en.wikipedia.org/wiki/Admiralty_lawhttps://en.wikipedia.org/wiki/Petit_treasonhttps://en.wikipedia.org/wiki/Petit_treasonhttps://en.wikipedia.org/wiki/Drawn_and_quarteredhttps://en.wikipedia.org/wiki/Drawn_and_quarteredhttps://en.wikipedia.org/wiki/Felonyhttps://en.wikipedia.org/wiki/Henry_VIII_of_Englandhttps://en.wikipedia.org/wiki/Admiraltyhttps://en.wikipedia.org/wiki/Vice_admiralty_courthttps://en.wikipedia.org/wiki/Summary_executionhttps://en.wikipedia.org/wiki/Summary_executionhttps://en.wikipedia.org/wiki/Piracy_Act_1837https://en.wikipedia.org/wiki/Piracy_Act_1850https://en.wikipedia.org/wiki/Foreign_Officehttps://en.wikipedia.org/wiki/Human_Rights_Act_1998https://en.wikipedia.org/wiki/Piracy#cite_note-143https://en.wikipedia.org/w/index.php?title=Merchant_Shipping_and_Maritime_Security_Act_1997&action=edit&redlink=1https://en.wikipedia.org/w/index.php?title=Merchant_Shipping_and_Maritime_Security_Act_1997&action=edit&redlink=1https://en.wikipedia.org/w/index.php?title=Tokyo_Convention_Act_1967&action=edit&redlink=1https://en.wikipedia.org/wiki/High_Court_of_Justiciaryhttps://en.wikipedia.org/wiki/Privy_Councilhttps://en.wikipedia.org/wiki/Senior_Courts_Act_1981http://www.legislation.gov.uk/ukpga/Vict/41-42/73/section/6http://www.legislation.gov.uk/ukpga/Vict/41-42/73/section/6https://en.wikipedia.org/wiki/Territorial_Waters_Jurisdiction_Act_1878https://en.wikipedia.org/wiki/Aviation_Security_Act_1982https://en.wikipedia.org/wiki/Archbold_Criminal_Pleading,_Evidence_and_Practicehttps://en.wikipedia.org/wiki/Offences_at_Sea_Act_1799https://en.wikipedia.org/wiki/Piracy#cite_note-144https://en.wikipedia.org/wiki/Common_lawhttps://en.wikipedia.org/wiki/Petty_treasonhttps://en.wikipedia.org/wiki/Treason_Act_1351https://en.wikipedia.org/wiki/Treason_Act_1351https://en.wikipedia.org/wiki/Piracy#cite_note-145https://en.wikipedia.org/wiki/Admiralty_lawhttps://en.wikipedia.org/wiki/Petit_treasonhttps://en.wikipedia.org/wiki/Petit_treasonhttps://en.wikipedia.org/wiki/Drawn_and_quarteredhttps://en.wikipedia.org/wiki/Felonyhttps://en.wikipedia.org/wiki/Henry_VIII_of_Englandhttps://en.wikipedia.org/wiki/Admiraltyhttps://en.wikipedia.org/wiki/Vice_admiralty_courthttps://en.wikipedia.org/wiki/Summary_executionhttps://en.wikipedia.org/wiki/Summary_execution


17/19

contracts involving pirates do not appear to have been common!

citation needed Q

0nited 1tates lawseditQ

In the United States, criminal prosec$tion of piracy is a$thoried

in the U!S! &onstit$tion, %rt! I Sec! G cl! 1?9

!!! "o define and p$nish Piracies and #elonies committed on the

high Seas, and +ffences against the aw of (ations6

"itle 1G U!S!&! 1HB1 states9

Choever, on the high seas, commits the crime of piracy as

defined by the law of nations, and is afterwards bro$ght into or

fo$nd in the United States, shall be imprisoned for life!

&iting the United States S$preme &o$rt decision in the year

1G2? case of United States /. Smith,1@HQ a U!S! /istrict &o$rt

r$led in 2?1? in the case of United States /. Said that the

definition of piracy $nder section 1HB1 is confined to Lrobbery at

sea!L "he piracy charges 0b$t not other serio$s federal chargesagainst the defendants in the Said case were dismissed by the

&o$rt!1@7Q

International laweditQ

"ffects on international bo$ndarieseditQ

/$ring the 1Gth cent$ry, the ritish and the /$tch controlled

opposite sides of the Straits of Malacca! "he ritish and the

/$tch drew a line separating the Straits into two halves! "he

agreement was that each party wo$ld be responsible for

combating piracy in their respective half! .vent$ally this line

became the border between Malaysia and Indonesia in the

Straits!

!aw of nationseditQ

International Maritime +rganiation0IM+ conference on capacity-b$ilding

to co$nter piracy in the Indian +cean!

Piracy is of note in international law as it is commonly held to

represent the earliest invocation of the concept of $niversal

4$risdiction! "he crime of piracy is considered a breach of 'us

cogens, a conventional peremptory international norm that

states m$st $phold! "hose committing thefts on the high seas,

inhibiting trade, and endangering maritime comm$nication are

considered by sovereign states to behostis humani

generis 0enemies of h$manity! 1@GQ

#or a different opinion on Pirates as 3ostis 3$mani )eneris see

&aninas, +svaldo PeVanha! Modern Maritime Piracy9 3istory,

Present Sit$ation and &hallenges to International aw! Paper

presented at the ann$al meeting of the IS% ' %*I 5+I("

I(".*(%"I+(% M.."I(), Pontifical &atholic University, *io

de 5aneiro &amp$s 0PU&-*io, *io de 5aneiro, rail, 5$l 22,

2??

eca$se of $niversal 4$risdiction, action can be ta>en against

pirates witho$t ob4ection from the flag state of the pirate vessel!

https://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttps://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttps://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttps://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=27https://en.wikipedia.org/wiki/Article_I_of_the_United_States_Constitution#Section_8:_Powers_of_Congresshttps://en.wikipedia.org/wiki/Piracy#cite_note-146https://en.wikipedia.org/wiki/Piracy#cite_note-147https://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=28https://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=29https://en.wikipedia.org/wiki/Straits_of_Malaccahttps://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=30https://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=30https://en.wikipedia.org/wiki/International_Maritime_Organizationhttps://en.wikipedia.org/wiki/International_lawhttps://en.wikipedia.org/wiki/Universal_jurisdictionhttps://en.wikipedia.org/wiki/Universal_jurisdictionhttps://en.wikipedia.org/wiki/Jus_cogenshttps://en.wikipedia.org/wiki/Jus_cogenshttps://en.wikipedia.org/wiki/International_watershttps://en.wikipedia.org/wiki/Hostis_humani_generishttps://en.wikipedia.org/wiki/Hostis_humani_generishttps://en.wikipedia.org/wiki/Piracy#cite_note-HK-2001-148http://convention2.allacademic.com/one/isa-abri/meeting09/index.php?cmd=Download+Document&key=unpublished_manuscript&file_index=2&pop_up=true&no_click_key=true&attachment_style=attachment&PHPSESSID=c13d67c39b3cf83c343bb7c0bb4e905ehttp://convention2.allacademic.com/one/isa-abri/meeting09/index.php?cmd=Download+Document&key=unpublished_manuscript&file_index=2&pop_up=true&no_click_key=true&attachment_style=attachment&PHPSESSID=c13d67c39b3cf83c343bb7c0bb4e905ehttp://convention2.allacademic.com/one/isa-abri/meeting09/index.php?cmd=Download+Document&key=unpublished_manuscript&file_index=2&pop_up=true&no_click_key=true&attachment_style=attachment&PHPSESSID=c13d67c39b3cf83c343bb7c0bb4e905ehttps://en.wikipedia.org/wiki/Universal_jurisdictionhttps://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttps://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=27https://en.wikipedia.org/wiki/Article_I_of_the_United_States_Constitution#Section_8:_Powers_of_Congresshttps://en.wikipedia.org/wiki/Piracy#cite_note-146https://en.wikipedia.org/wiki/Piracy#cite_note-147https://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=28https://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=29https://en.wikipedia.org/wiki/Straits_of_Malaccahttps://en.wikipedia.org/w/index.php?title=Piracy&action=edit&section=30https://en.wikipedia.org/wiki/International_Maritime_Organizationhttps://en.wikipedia.org/wiki/International_lawhttps://en.wikipedia.org/wiki/Universal_jurisdictionhttps://en.wikipedia.org/wiki/Universal_jurisdictionhttps://en.wikipedia.org/wiki/Jus_cogenshttps://en.wikipedia.org/wiki/Jus_cogenshttps://en.wikipedia.org/wiki/International_watershttps://en.wikipedia.org/wiki/Hostis_humani_generishttps://en.wikipedia.org/wiki/Hostis_humani_generishttps://en.wikipedia.org/wiki/Piracy#cite_note-HK-2001-148http://convention2.allacademic.com/one/isa-abri/meeting09/index.php?cmd=Download+Document&key=unpublished_manuscript&file_index=2&pop_up=true&no_click_key=true&attachment_style=attachment&PHPSESSID=c13d67c39b3cf83c343bb7c0bb4e905ehttp://convention2.allacademic.com/one/isa-abri/meeting09/index.php?cmd=Download+Document&key=unpublished_manuscript&file_index=2&pop_up=true&no_click_key=true&attachment_style=attachment&PHPSESSID=c13d67c39b3cf83c343bb7c0bb4e905ehttps://en.wikipedia.org/wiki/Universal_jurisdiction


18/19

"his represents an eception to the principle extra territorium

'us dicenti impune non paretur 0L+ne who eercises 4$risdiction

o$t of his territory is not obeyed with imp$nityL! 1@Q

International con+entionseditQ

Articles 101 to 103 of UNCLOS 0 edit 1

ritish *oyal (avy &ommodoregives a presentation on Piracy at the

M%S" 2??G conference!

%rticles 1?1 to 1?A of the United (ations &onvention on the aw

of the Sea 0U(&+S 01G2 contain a definition of piracy iure

gentium!1B?Q "hey read9

%*"I&. 1?1

Definition of piracy

Piracy consists of any of the following acts9

0a any illegal acts of violence or detention, or any act of

depredation, committed for private ends by the crew or the

passengers of a private ship or a private aircraft, and directed

N

0i on the high seas, against another ship or aircraft, or against

persons or property on board s$ch ship or aircraft6

0ii against a ship, aircraft, persons or property in a place

o$tside the 4$risdict

What is the VFA

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