Maritime Piracy in the International and in the Hellenic Legal Order

Maritime security is a section with many dimensions which occupied the mankind for centuries, something that is confirmed and by historical information. The main reason is the fact that older as also today the majority of the global transportations are taking place via the sea. The main preference reason for seaways is the lower cost compared with other modes of products and goods transport. One of the most important aspects of maritime security is maritime piracy. Maritime piracy after two centuries of continuous contraction outlines in recent years a worrying increase in various parts of the world, increase which has led to a close cooperation between international organizations, bodies and States in order to face this phenomenon. This cooperation is manifested in a legal level with the formation and implementation of specific law rules, but also in an operational level in order to be implemented the legal texts and in the same time to be ensured the regular flow of goods and services.


Introduction
Maritime piracy is not a historical memory that comes to people's daily life through films (Note 1).But is a fact, a phenomenon which is manifesting in various regions of the world with alarmingly high rhythms.This reveals from the analogous statistics (Note 2).Maritime piracy occurs in certain sea areas of the world, particularly at Somalia coast, at Malacca strait, at the coast of West Africa, at South America, at the southern Indian Ocean and at the South China Sea (Figure 1 about here).Most of the attacks against commercial ships have been recorded at Somalia coast (Note 3) and at the Straits of Malacca (Note 4) (Figure 2 about here).The significance of this issue, has led to creation of many preoccupation tanks with the participation of experts in order to develop and to implement the best solutions to combat it.In particular the attacks on ships have as result human lives loss but they also creating problems in the regular trade flow.
As a result of these concerns and more generally of the activities carried out, is remarked the establishment of a legislative framework among international organizations, institutions and Governments in order to combat this phenomenon, but in parallel many States have allocated naval forces in crucial commercial sea areas of the world in order to protect shipping (ships, crews, goods) and the regular flow of maritime transport.
Hellas, State with a strong maritime tradition, as is well known, is the first shipping power in the EU, but is also one of the most important shipping forces worldwide (Note 5).It is given that the adverse developments in the area of maritime piracy occupies Hellas in a high degree as there are direct consequences in ships and crews of them which bear Hellenic flag and they are accepted attacks as also in other ships under different flag in which serve Hellenic seafarers or in ship which are owned by Hellenic nationals.
Consequently, Hellenic state should have taken the appropriate measures which will ensure in the greatest possible extent the safety of Hellenic citizens and the protection of their properties (employers and workers) and consequently to ensure the advantages protection of Hellenic businessman operating in that specific area.In parallel is noted that in accordance with international law but also and in accordance with the Hellenic national legislation ship should be considered as territory of the State which bears the flag (Note 6).
The purpose of this concise study is twofold: examination of the international legal framework that refers to issues related to maritime piracy (definition, arrest, detention of perpetrators, criminal proceedings) which has been drawn up -in the international level, but also to examine the legislative framework that has been developed in recent years in the Hellenic legal order, in order to deal with this phenomenon.A progress which describes the changes in the Hellenic shipping policy concerning this specific area during the last years.

Maritime Piracy Definition
It must be clarified before starting with the definition and analysis of the maritime piracy concept the delimitation in the maximum degree level of the security concept meaning.The security concept is a concept not clearly defined on the contrary with the delineation for example of "international waters" concept which does not create interpretative problems according to the law of the sea as clearly is referred to a sea area beyond the external limits of the territorial zone or exclusive economic zone (EEZ) where this has been established (Note 7).
The concept of security must be approached in the broadest sense of the term.Specifically this includes clearly technical issues such as ships safety, the mild security forms such as the pollution of the seas, the migrants smuggling (Note 8), functional competences exercise such as maritime piracy and terrorism (Note 9).Finally in the above meaning are included issues such as politics, strategy and geostrategic resembling to a broader security types references as security in the Mediterranean, in the Aegean, in the Atlantic etc. (Note 10).
The issue of terrorism at sea is different from maritime piracy and does not need to be linked together.The Convention adopted by the IMO (International Maritime Organization) on the Suppression of illegal acts against the safety of maritime navigation of Rome 1988 (Note 11) includes terrorism but without establishing universal jurisdiction (Note 12).
One of the most important issues on the high seas is maritime piracy.The main international legal text in which is predicted items concerning maritime piracy is the International Convention on the law of the Sea also known as UNCLOS (Note 13) and in particular articles 100-107.
More specifically article 100 refers to the importance of maritime piracy phenomenon suppression, action which has a great importance as refers to the navigation safety/security.It is mentioned that is all States obligation to participate and to cooperate in the field of maritime piracy combat, whether this takes place on the high seas or anywhere else outside the region or of the coastal State jurisdiction.
The conceptual significance of this article refers to the territorial zone importance concerning the national jurisdiction implementation by the State, as a zone in which the coastal State enforces all its competences in order to combat pirate attacks from the Sea (Note 14).Territorial zone is identical with the meaning of security.
The majority of national provisions defining piracy as a crime under international law, but when the States enforce their jurisdiction, they implement their national legislation on the interpretation of maritime piracy crime rather than the relevant provisions of international law.
Such attacks require a low level of organization and basically a small fast boat and a few members as crew which usually is constituted by unemployed fishermen or port employees.Armed lightly with axes, knives or and guns will attack in order to steal money, crew's personal properties and anything else that may can be transferred by them as ship's equipment or supplies, fuel, food, cables etc.The movements are quick and they are trying to finish their attack before the crew activation.Usually the enforcement of the violence is proportional to the reaction-resistance that they will face.That is the reason why a lot of ship owners have banned the presence of weapons on board, but at the same time have given instructions to the crew to adhere to the bandits -pirates orders (Note 27).
Attacks in this case can be prevented by measures taken by the ships when they are sailing in such areas as vigilance crew, ample lighting around the ship, etc. (Note 28).
Piracy in this case is linked to the local economic conditions, to the sharp regional disparities, to the economic uncertainty, to the rapid industrialization, to the pirate tradition which exists in people main in Southeast Asia.A typical example is the island of BATAM in Indonesia.The rapid industrialization of the region has attracted a large number of economic migrants, but the low wages in combination with the high living cost and the low employment than the one which was expected led to the criminality development.The proximity of that region to the Singapore Straits led to specific forms of criminality such as piracy, trafficking and smuggling.
Attacks in other areas such as the Sulu Archipelagic Sea between Borneo and Palawan Islands, Mindanao (Malaysia, Indonesia and Philippines), are ought to the poverty of the inhabitants in these islands which are the poorest mattresses of the population.
Hence the failure by the States to police their territorial waters, has led to the development of piracy phenomenon.Specifically States that essentially do not exist such as Somalia or Indonesia which faces intensively corruption problems, political instability and minorities' oppression do not have the will to deal with the situation.For example, in areas where the piracy phenomenon is being development, the fight trying to combat this will not impact on the local populations, as any police endeavors will not be positively faced by them who will face the Central Government with hostility.
B.-Permanent ship piracy -tactic which is more common in the Far East -with aim the converting ships to ships ghosts which brings falsified elements.These ships are going to be used in fraud relating with cargo ships.These operations are more complicated in organization and execution because in addition to the ship permanent occupation often carried out temporary registration and activation of the ship with forged documents and another name.Usually these operations are organized-directed by multinational companies based in Indonesia, Singapore, China and Hong -Kong (Note 29).
Piracy in this case is related with state corruption, the involvement of officials in criminal activities, the possibility for continuously versions of documents to ships, organized criminal groups which are activated in Asian markets where buyers are, as also the weak cooperation between States to deal with this phenomenon.
C.-Ships piracy which aims in cargo theft.In this case the ship is being held by the pirates for several days until to be downloaded-landed its cargo on another ship or to ashore.
Pirates operations in this case is more organized, because is necessary information collection concerning ship choice, is needed planning, eventually funding as also criminal networks activation in order to be channeled the stolen (Note 30).Usually these ships bring Panama or Honduras flag, are staffed by Chinese seamen and operate between Hong -Kong, Bangkok, Taipei and Singapore, chosen loads such as fuels, ores or wood.
In this particular case operations are taking place on the high seas and not near to the coast and involve many risks for the crews.That because pirate groups include seafarers who possess experience in shipping navigation and consequently the crew members of the ship are not needed by them.Usually are directed by multinationals enterprises based in Indonesia, Singapore, China and Hong Kong.
As mentioned before piracy in this case related with state corruption, the involvement of officials in criminal activities, the possibility for continuously versions of documents to ships, organized criminal groups which are activated in Asian markets where buyers exist and also the weak cooperation between States to deal with this phenomenon (Note 31).
D.-Piracies in order pirates to avail themselves economic benefits, ransom (Note 32).
The methodology which mainly is being followed at the coast of Somalia is as follows (Note 33) (Figure 3 about here): pirates use fire automatic weapons and rockets (Rocket Propelled Grenades, RPGs) in order to intimidate, the crew and to be able to embark on the ship and to ensure its control.When this happened the ship is monitored at the coast and is demanded a ransom for ship and crew release.In order pirates to carry out attacks on beaches far away from the coast arriving up to 1.000 nautical miles (n.m.), they follow the practice of ships known as mother ships.These are ships that originate from piracies and are used for the transportation of smaller vessels which are used to carry out the piracies.
In other areas where is noticed piracy, such as in Brazil, are carried out attacks on ships in country ports or at anchorage outside of them.Pirate attacks have been carried out and in the territorial waters of Ecuador, India and Bangladesh.
Malacca Strait from which are transported the half of world trade, has a length of 600 n.m. and the endings of it namely Singapore straits and Phillip channel are offered many opportunities to the pirates for successful attacks (in some areas there is a width of 1.5 n.m.) (Note 34).This is a route of international navigation extremely close -11 n.m. at the southern part -which is being sailing by ships over 30.000 annually, which are obliged to move slowly and in defined channels and therefore is vulnerable to piracy attacks.Refuge of pirates is an insular complex of 180 Islands in Phillip channel.
The constantly deteriorating situation led the coastal States to take measures in 1992.The fear of economic collapse was intense for Singapore in case where ship owners and charterers decided to leave Malacca strait and to follow other routes South of Indonesia or Australia, which were more time-consuming and expensive but they did not contain loss risks of loads or ships (Note 35).
In the summer of 1992, Singapore and Indonesia established communication lines between their naval forces and also carried out and joint patrols in Singapore straits with possibility of pursuit rights and beyond the limits of their among sea border line.
In December of the same year, Indonesia and Singapore have established a joint maritime operations planning team for patrol in the Straits of Malacca which led in 1993 in a 10-day joint exercise in the area (Note 36).At the same time, in October 1992, was established the Regional Piracy Centre (RPC) in Kuala Lumpur (Note 37).
The above measures together with measures that were taken in the national level reduced significantly piracy in the Straits of Malacca and Singapore.The result was an increase of piracy acts Northern, at South China Sea and particularly in the triangle between Hong Kong, Hainan Island and the Luzon Strait between Taiwan and Philippines.At the end of the decade, most attacks were reported in the archipelagic waters of eastern Indonesia, Malaysia and Philippines.
A careful approach of piracy phenomenon shows that is noted primarily in areas of South developing States (Note 38).The modern form of piracy occurs in regions of Latin America, Caribbean Sea, Africa, Indian Ocean as also in South-East Asia and in the sea of China.
The reasons that the piracy phenomenon occurs mainly in the South developing States (Note 39) are many and are associated with underdevelopments which dominate in those areas and less on other issues.
In particular with regard to Somalia where there is glorification of the phenomenon, State torn apart by a civil war that lasted almost two decades.
In addition, due to the collapse of Somalia State, hundreds of fishing vessels from Italy, Spain, Thailand and from other States overexploited one of the richest biodiversity in the oceans.From a geological point of view the Gulf of Aden has a unique biodiversity that contains many species of fish, coral, seabirds, and invertebrates.Trawlers after depleting the fish stocks in European waters sailed in Somalia waters where fish every year tones of shrimps and lobsters worth many dollars millions.As a result of this the local fishermen see the main source of their income to disappear.
There are testimonies which are confirmed by the United Nations that the dropping of toxic, nuclear, industrial and hospital waste in the territorial waters of Somalia was a procedure which was followed by many Western States for many years.This was revealed by the great Tsunami on 2004.Waves washed ashore on Punt land coast, containers with any kind of toxic waste.Several died and hundreds of people were infected and showed bleeding, skin problems and a range of other diseases.There are also references for the role of the mafia in the region.Mafia which, as is being known, manages a large proportion of waste from Italy, is operating in the region since 1989.
There are also testimonies, that Italian ships uploaded their illegal cargoes at Somalia territorial waters and returned laden with tones of fish.When the inhabitants of the region (majority are fishermen) realized the situation, ascertain the ineffectiveness of Somalia Government in conjunction with its cooperation with many companies which were proceeded in such acts, joined their forces with the local criminal networks and presented the piracy phenomenon.
Yemen faces also internal problems.The internal problems of these countries lead them to host in their territories pirate groups which have been created and their respective shelters.Geography also plays an important role in these areas as the coast of Somalia has 2.000 miles length.There is no retention of coast and consequently the pirates operate uninterrupted.
Due to the proximity of these areas to the Suez Canal, as nearby there are roads with dense maritime traffic is understood why in these areas exist elation of piracy glorification (Note 40).
Poverty which is remarked in those areas, has led to an amicable deal with pirates since many young people face piracy as a professional solution.Also the companies' policy for ransoms' payment which are reduced after negotiations also leads to the intensification of the phenomenon.Companies pay relatively easily the money and thus avoid their ships remain hostages.In addition many times by money payment, ship owner companies endeavor effort to ensure that their vessels in the future will not be the target of piracy attacks.Other problems are legal and political issues which will be analyzed below.

International Cooperation for Piracy Combating
As have already mentioned piracy consequences are summarized in the following: crime against life and property, threat to the financial internal and international relations of each State but also of mankind as is disturbing the regular and smoothly goods transportation.It is reminded that via maritime transportations are handling the majority of goods and commodities.All these led the international community to take measures in order to combat this phenomenon.
The International Maritime Organisation (IMO) (Note 41) has proceeded in actions which aim in combating of this phenomenon.In these are included a series of local agreements concerning the implementation of measures against piracy as the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against ships (ReCAAP) in Asia States as also proceeds in the publication of aggregate reports containing information on piracy attacks in order to assist shipping shareholders to be prevented of future incidents.This specific initiative with the participation of many States, as also the corresponding Centre of RECAAP -ISP in cooperation with IMO aim in exchanging information and in combating of this phenomenon in this region.
Also the above mentioned organization has issued a Handbook of Best Management Practises (BMP) (Note 42) which must be followed by the merchant ships in order to be prevented and to be combated as best as could be from piracy incidents.Its legal department further of various texts elaboration related to piracy (Note 43) provides guidance for conducting investigations on piracy (Code Practise for the Investigation of the Crimes Tribunals of Piracy and armed Robbery Against Ships) (Note 44).
IMO also cooperates with EU (Note 45) as also as with the competent service of the UNITED NATIONS in the fight against drugs and crime (UN Office on Drugs and Crime) (Note 46).This service plays an important role in combating international organized crime and in the preparation of legislative initiatives in order to combat with.Also instructions for taking measures in order to be combated piracy phenomenon have been taken by other bodies which are involved in shipping as OCIMF (Note 47).
At the same time has been developed cooperation by all States in the region concerned to combat piracy in Somalia in accordance with the Djibouti Code (Note 48).With that code came into effect the IMO guidelines.Also with the above code is attempting the adoption of the appropriate legislation by States for prosecuting pirates, but also the development of the local coast guard in order to be combated the problem of piracy to the maximum extent possible level.
In 2008 was set up and the contact group on piracy at the coast of Somalia (Contact Group on Piracy off the Coast of Somalia) (Note 49) consisting by 24 countries and 5 international organizations (NATO, EU, African Union, UN Secretariat and IMO).Contact group consists an Ad hoc cooperation between Member States and operators concerned for piracy issue.This group also is consisted by four different teams working on different issues.
To these should be added EUROPOL role (Note 50) which established a detailed analytical working folder (AWF) named Maritime Piracy, where in European level and in cooperation with other relevant bodies such as Interpol is making effort in order to gather intelligence -information and to support Member States in various activities, either by conducting operational meetings or by the establishment of Joint Investigation Teams (Note 51) with the assistance of EUROJUST (Note 52).
In addition have been developed bilateral agreements and memorandums of understanding (MOU) signed between States wishing to transfer the arrested Pirates (USA, UK, EU) in order to exercise prosecution and States which receive them such as Kenya where is exercising criminal proceedings against pirates.
UN in order to combat the piracy phenomenon at the coast of Somalia issued a series of Resolution (Note 53) in order to facilitate international cooperation in tackling piracy.
In October 2008 and after had preceded request by the UN Secretary General was developed NATO operation under the name "Allied Provider" (Note 37).More specifically NATO was authorized by the United Nations Security Council resolutions 1814, 1816 and 1838 issued on 2008 to accompany ships carrying cargoes for World Food Programme headed to Somalia.The above operation started on October 2008 and completed in December 2008.Then followed the operation under the name "ATALANTA" (Note 55).EU operation "ATALANTA" started according to the decision 1846.
From March 2009 NATO deployed a new operation under the name "Allied Protector" (note 56).After its expiration the operation was replaced by a new one under the name "Ocean ' Shied" (Note 57).
The most important Decision is 1851 issued on December 2008 whereby the UN Security Council called Member States and bodies that have the means to participate actively in the fight against piracy and armed robbery off the coast of Somalia with the development of military aircraft and naval forces in order to arrest and to detent pirates, ships and weapons used to carry out offences (Note 58).
Especially for Somalia where there is no State authority to enforce the law and as consequence there is no coast guard the UN security council authorized the forces patrolling in the region after request of the Transitional Federal Government of Somalia (Transitional Federal Government -TFG) (Note 59) to act and within the territorial waters of Somalia.In all decisions the UN Security Council says that they are enforced only in the territorial waters of Somalia and not to any other State.According to my personal view these decisions suffer legally as the offence of piracy does not exist in State territorial waters as is defined in UNCLOS but in this case we are talking for robbery.Decisions issued by the UNITED NATIONS cannot abrogate international conventions.
Finally must be mentioned the exercises/operations under the name Naval Cooperation and Guidance for Shipping (NCAGS) (Note 60) which are carried out several times a year and aim at: Hellas had participated in almost all exercises that were developed either via its commercial shipping or by its representatives (Hellenic Navy officers or Hellenic Coast Guard officers).Although several exercises have been carried out, the knowledge that has been gained has not been used in a real basis in order to be combated maritime piracy issues.

Arrest Detention Pirates Penal Prosecution
The international community has not established a special legal framework covering complex and complicated penal and civil issues relating to piracy combating.Basically the action against piracy is legally based in the United Nations Convention on the law of the Sea (UNCLOS).Some States permit the recruitment of security guards on ships in order to protect the crew and cargo, tactic which apart from its supporters has many who believe that the existence of guards on board ships may cause more violence on behalf of the pirates, or even to cause legal problems.
According to article 110 of UNCLOS (Note 62), warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96 of the Convention (Note 63) is not justified in boarding it unless there is reasonable ground for suspecting that the ship among others is engaged in piracy (Note 64).
In article 105 of the same Convention is determined that on the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board.The courts of State which carried out the seizure may decide upon the penalties to be imposed, and may also determined the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.
In article 106 (Note 65) is determined the liability for seizure without adequate grounds and in article 107 (Note 66) which ships and aircraft are entitled on account of piracy.More specifically a seizure on account of piracy may be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.
Problem is placed concerning the limits on the use of force in order to be arrested the pirates (Note 67).Experts don't seem to agree on this issue, while some recommend the doctrine of «progressive response» (Note 68).Based on this doctrine is allowed the use of force even before the attack provided that are kept the humanitarian principles.Although the doctrine is based on the difference between the use of force for self-defense and the use of force in order to be enforced the law, as can be perceived in practice is difficult to separate them.
While the legal framework for the piracy prosecution is clear, only for a few incidents exercised the right of universal jurisdiction.From 1998 to 2007 at 754 cases of piracy in international waters only in 4 exercised the universal jurisdiction.In parallel is observed increase in this right at Kenya (Note 69).
The vast majority of States allocate a legal framework that enables the prosecution to pirates.However, since this process is often practically difficult and sometimes has large costs like many States whose navies patrol in the Horn of Africa prefer to deliver pirates in Kenya or to leave them free.In 2009 UK, USA (Note 70) and EU signed memorandum of cooperation with Kenya (Note 71), which provides that the pirates who will be arrested by them, will be deliver there for trial.
A large percentage of pirates who are arrested by naval forces released as characteristically reveals from the case of the Dutch frigate HNLMS Evertsen.On December 2, 2009 were arrested 13 pirates who were released on December 17, 2009 because could not be found any State to prosecute them.This of course leads pirates to believe that there is no real willingness to prosecute them.
In one case of piracy may many States have jurisdiction as pirates State/s, crew State/s, passengers State/s, the unit which executed the arrest, the owner or owners of the ship, the flag of the vessel, etc.. Since that piracy is an international offence all States have the right to commit the pirates to the court, wherever and whenever they have incorporated into their national legislation the international legislation.
Although that the UN decisions provide authorization for combating piracy within the territorial waters of Somalia as also and in its land territory, there is a matter whether the laws in many States permit the exercise of criminal prosecutions for offences committed in Somalia waters as in this case does not be committed the offence of piracy as defined in UNCLOS.
Independently of the political will to exercise prosecution or not, problems reveal in the field of preliminary investigation by gathering evidence, conducting investigations as also in the trial accomplishment.From the arrest, detention, prosecution, trial, transportation in a State proportionally its legal system must be faced many issues.A particular problem for instance is the presence of seafarers as witnesses.Seamen often travel and are difficult to be found.Furthermore the military do not have the experience for the collection of appropriate evidence and there is a risk of them to be destroyed if they do not be destroyed, by the pirates in order to be difficult the prove of their guilty in each case.
From the States at the region, Kenya has the most advanced legal and judicial system.Nevertheless, and there are many lacks and peculiarities.There are not modern forensic laboratories, the judicial infrastructure is inadequate as the transport infrastructure, Kenya's penal system does not allow to the accused to have a layer but only in case if is accused for murder.UN Office on Drugs and Crime has undertaken to support Kenya's criminal and judicial system but the progress which had been made until now is not significant.
Finally there is very low support for proposals in order to be established a special court to deal with piracy or concerning the competences extension of the existing international criminal court.The experience of the international community by the establishment of other international courts has shown that is needed very long time for the establishment, Parliaments approval, money and staff (Note 72).

National Legal Framework in Force
In the Hellenic legal order, the International Convention on the law of the Sea (UNCLOS) has been endorsed by the law 2321/1995 (A΄ 136), "Ratification of the United Nations Convention on the law of the sea and the agreement relating to the implementation of part XI of the Convention '.
In addition to the above legal regulation, in legislative decree 187/1973 (A΄ 281), Section A΄ titled "Substantive provisions", Chapter B΄, titled "Specific maritime crimes", is a provision in article 215 titled "Piracy".More specifically in the said article are determined the following: "1.Piracy is taking place by a ship passenger who by physical force or threat against persons, is acting actions of looting on other vessel in the high seas with purpose the appropriation of the things that have been looted.
2. As piracy ship is regarding any ship which is intended by the government of it to be acted for the actions mentioned in the prior paragraph or used for that purpose and continues to be governed under the pirates.
3.-By felony sentence are punished the acts of piracy of the paragraph one of this article, with the same penalty are also punished both the master and governed officers of the piracy ship, with sentence until 10 years (felony) are punished members of piracy crew who knew the destination of the ship".
Concerning the implementation of the said article, is noted that in accordance with article 202 of the same legislative decree which is titled "Local limits" is defined that all provisions of section A΄ and therefore and that article are implemented in offences that have been committed by nationals or foreigners to national ships namely Hellenic or auxiliary ships (paragraph 1) or in any other case specifically provided by this Code (paragraph 2).Related to this, is article 5 of the Hellenic Penal Law titled "Crimes committed in the domestic" (Note 73).
Certain rules are enforced and in crimes which are carried out on foreign vessels, if they are at the committed time within Hellenic territorial waters (article 202 paragraph 2).It concerns crimes relating to the security navigation in the Hellenic maritime space so to be justified the enforcement of relevant provisions on foreign ships.
In curiosities of this article are the following according to the explanatory statement of this legislative decree (Note 74): article of piracy, is included in crimes that are committed in foreigner and are always punishable according to the Hellenic criminal laws (Note 75) in accordance with article 8 of the Hellenic Penal Code (Note 76) without further to be defined in the code the points of it.In the International Convention «on the high seas» of the year 1958 were contained provisions on maritime piracy (Note 77).The Convention had entered into force on September 30, 1962 and had been ratified by the time of code writing (1973) by 43 Member but not from Hellas.For this purpose was considered appropriate to be introduced provisions in order to be covered any relative gaps in any case of potential ratification (Note 78).The objective substance elements of the piracy crime which is deemed as such this which is carried out on the open seas coincide with the procedures described in articles 15-17.
Therefore, taking into account the article of the national legislation mentioned earlier in connection with the incorporation into national legislation of the United Nations Convention on the law of the sea, the Hellenic law enforcement and judicial authorities can intervene in incidents of piracy carried out on the open seas and concerns either Hellenic or foreign merchant ships.
It should be noted here that in article 110 paragraph 1 of the UNLOS is predicted the right of warships or of other relative vessels of any State to board in commercial vessel of another State in which has been occurred piracy (Note 79).
Finally, in the article 2 of law 3922/2011 [Establishment of Hellenic Coast Guard (HCG) Headquarter (Note 80)], is defined that HCG is the competent authority for combating piracy in areas of its jurisdiction (Note 81).

Providing Security Services by Armed Guards on Merchant Ships
At IMO level, has been mentioned that is responsibility of the flag State, to determine the appropriate manner for combating piracy incidents and armed robbery and basically governments and shipping industry factors are encouraged to implement the Best Management Practices (BMPs) (Note 82).
However, given the significant escalation of piracy attacks and in order many States to respond to the new data, States as (e.g.Denmark, Norway, Finland, Sweden, Italy, Spain, Cyprus, Portugal, UK), allow the boarding of armed guards in the commercial ships under their flag and sailing the area in the Horn of Africa, while parallel were formed and adopted guidelines without mandatory character for ship owners and Governments in order to face the various issues concerning the boarding of armed guard personnel in the ships.
It should not also be neglected the fact that the shipping industry has accepted occasionally proposals for antipiracy protection by private companies providing security services.There are private companies such as Marine Risk Management and Satellite Protection Services that have proposed the use of airborne armed rapid response teams in order to be faced maritime piracy attacks (Note 83).
The ability to be used violence in order to be protected a ship is a complicated legal issue, which is depended basically by the legal framework of the ship flag, by the legal framework of the State of the nationality of those who are involved and thirdly by the legal framework of ports where the ship will approach.
Concerning the terms which have been placed under UN, IMO, and EU framework on the issue of crew self-defense or boarding of armed forces [private guards or military forces or State security forces (LEAs)] in merchant ships for the ship and the crew protection, Hellas had supported the implementation of Best Management Practices (BMPs) issued by IMO.
Regarding the issue of armed forces boarding in the merchant ships under Hellenic flag in order to be provided protection against attacks by third parties, until the adoption of law 4058/2012 (A΄ 63) there was not relevant legislation.Also regarding the existence of weapons on ships and their transportation, were implemented the provisions of the Hellenic national legislation [law 2168/1993 (A΄ 147)] and the ministerial decision with No 3312.1/01/94issued on 20-07-1994 which was issued after relevant authorization of the above mentioned law according to which were allowed to the Hellenic ships to carry up until four (04) revolvers or pistols for the crew protection, which were used after masters permission in cases of emergency and as long as it lasts.
With the law 4058/2012 amongst other things was attempted by the Hellenic State (Note 84), to face the continuously escalating piracy attacks in Aden sea area, while parallel attempted to be reduced any leaks from the national register due to the retardation of Hellenic legislation comparing to the relevant legislation or practices followed by other maritime Nations for the protection of crews, ships and cargo -goods against piracy.
Especially with that law regulated the providing of security services by private armed guards to merchant ships under Hellenic flag.With that way formed law rules and specific institutional framework, which covers issues related to the circumstances, conditions and procedure for boarding and action of armed forces in merchant ships under Hellenic flag for defense and protection of passengers, ships and cargo from attacks that constitute piracy.
In addition to this law, as was necessary were regulated the preconditions and obligations under according to which is possible the stay or the crossing of commercial vessels under third States flag via the Hellenic territory which have taken similar measures that allow namely the boarding of armed guards.This law reflects the statutory obligation of the Hellenic State, primarily to protect the crew of the Hellenic merchant ships during the passage from sea areas with high risk of piracy.Hellas as a big shipping force and because of the dominant position which possess in this sector continues to support the international community to take decisive measures for safe seas.
It is noted that Hellas attitude before the form and implementation of that law as was reflected in international meetings, was (Note 85) against of armed forces boarding in the ships in order to be avoided entanglements with pirates, who likely knowing that there are weapons on board and people who handle them to react more violently with possibility life loss (Note 86).Tactic which changed after the increase of piracy cases which led as has mentioned before to the change of the Hellenic shipping policy.
The maritime piracy occurrence causes in various regions of the world, due mainly to social and economic circumstances which have been created.Circumstances that characterize areas of development south which are in a status under development.It must not be forgotten the fact that the economic crisis in Southeast Asia after 1997 has gradually led to an increase of maritime piracy cases.Many States do not provide or do not have to provide relevant resources to the policing of their territorial zones in order to combat the phenomenon of maritime piracy.But in parallel they do not attain and economic development of their regions, through of which with the improvement of the economic environment could achieve the limitation of the specific phenomenon.
States, in which dominates the corruption, separatism, intensive social inequalities, poverty obviously will not be able to deal with this phenomenon.On the other hand, States which have collapsed as Somalia (Note 88), is self-evident that need considerable economic assistance and support from the international financial community after resolving their internal problems regularly, to move gradually in a minimum basic State organization which will allow, in some degree, the combating of maritime piracy phenomenon.
In any case remains challenge the combating of maritime piracy in a precautionary level and on the basis of an international legal framework, as this phenomenon detain almost all States because is associated with an economic activity which concerns all.In this context, activities have been developed by various international maritime organizations and not only.Also have been available and naval forces in specific areas, but the results so far are not the expected.The reason is that the sea areas for surveillance are enormous and the naval forces are not enough.Hence the maintenance cost of them is huge.
It is necessary an integrated proposal for development at the regional level, which will totally approach the issue of piracy.Something like that has not taken place and is normal, as EU and the USA are facing serious economic crisis and do not have the necessary resources to assist in activities such as maritime piracy.The role of NATO, which anyway is looking for a role, may be crucial in maritime piracy tackling.But in order to act effectively are needed resources.And the States is requested if they have availability and financial opportunities to offer in this area.
Given the fact of economic crisis which afflicting mankind today and especially economic organizations such as EU and USA, I do not think that neither at prevention level, but also at repression humanity level could be expected something considerable to deal with this phenomenon.In that should be added and the weaknesses of regional States to solve their internal social and economic problems.Problems that led to the appearance of a phenomenon, which for many years States and humanity knew via films but which will continue to exist.started fire against the ship, but when from the ship replied with machine guns Somali forced to flee with their small vessel.When they were caught, according to an interpreter they stated that their purpose was to seize the ship and to ask for ransom between 10.000 and 40.000 dollars.The most recent conviction in US for maritime piracy was dating back to 1819 (case on which is based the existing legislation).
Note 72.See Gopalan, S., & Switzer, S. (2009).Pirates of the Aden: A Tale of Law's Impotence.Working Paper Series.Retreived May 14, 2009, from http://eprints.nuim.ie/2434/.Note 73.In the said article is determined: « 1. Τhe Hellenic penal laws are implemented to all offences which are committed in the territory of the State, even from foreigners. 2. Ships or aircraft are considered as Hellenic territory wherever situated, unless in accordance with international law is subjected under foreign law».
Note 74.The Hellenic Code of Public Maritime Law as is being in force today (1988), op.cit., 168-169 (in Hellenic).
Note 75.See Korontzis, Tr (2011)''a''.PhD dissertation, op.cit.Note 76.In article 8, titled "crimes committed in foreign are always punishable under Hellenic laws", are defined the following: Hellenic penal laws are implemented to nationals and foreigners regardless of the laws of the committing place, for the following acts which were committed in foreign: a) high treason and country betrayal against the Hellenic State b) crimes concerning military service and military service obligation (specific part, section Η΄) c) offence that was committed as Hellenic State officials d) Act against Hellenic official during service performance or in connection with the service e) perjury in pending procedure to the Hellenic authorities f) piracy g) offences relating to coins (special part, section Θ΄) h) slavery action or trafficking in human beings with purpose the debauchery i) narcotic drugs illicit trade j) illegal trafficking and trade of indecent publications k) any other offence for which special provisions or international conventions which have been signed and have been ratified by the Hellenic State predict the implementation of the Hellenic penal laws.
In article 7 of the Hellenic Penal Code titled "Crimes of aliens in foreign" is defined that: 1. Hellenic penal laws are implemented and against foreign for act committed in foreign and which is characterized by them as felony or misdemeanor, if this action is directed against Hellenic citizen and if is an offence and according to the laws of the State where the offence committed or was committed in a State without state organization.
2. The provisions of paragraphs 3 and 4 of the preceding article are also implemented here».
In articles 7 and 8 of the Hellenic Penal Code are defined the universal jurisdiction of the Hellenic Penal Courts for criminal offences including and piracy offence while in article 6 titled «Crimes of nationals in foreign» are defined the following: Hellenic penal laws are implemented and for action which is characterized by them as a felony or misdemeanor and was committed in foreign by national, if this action is an offence and according to the laws of the State in which the offence was committed or was committed in a country without state organization.
1.-The penal prosecution is exercised and against in an alien who during the perpetration of the action was national.Also is exercised and against whom who acquired the Hellenic citizenship after the action performance.
2.-In the misdemeanor, for the provisions implementation of paragraphs 1 and 2, is required an official complaint by the sufferer or request by the State Government where the misdemeanor was committed.

Figure 2 .
Figure 2. Malakka straits Source: Hellenic Ministry of Shipping/ Hellenic Coast Guard Headquarter/ Search and Rescue Division/Joint Rescue Coordination Center

Firgure 3 .
Maritime Corridor at the Horn of Africa Source: http://asianyachting.com/news/PirateCorridor.htm (a).-in cooperation with merchant shipping masters in times of crisis, based on the inter alliance planning (Note 61), b.-in control exercise by the Naval Authorities via NCAGS with sailing instructions, navigation, control and creation of convoys and c.-naval forces development and the implementation of appropriate procedures for merchant ships protection.
3.-Faults which are committed in abroad are punishable only in cases which specifically are determined by the law».Note 77.Refers to the Geneva Convention on April 29, 1958 for the law of the Sea, Convention earlier of UNCLOS (1982) which finally replaced it.More specifically according to article 311 titled "Relation with other conventions and international agreements",-1.This Convention prevail, between the member States, of the Conventions Geneva April 29, 1958 for the law of the sea .... ... ... ... ... ...».Note 78.Hellas never ratified the Convention.