Samenvatting

Piracy off the Horn of Africa has become an increasingly salient
international issue. The phenomenon of piracy has been forbidden by
(international) law since centuries and has taken different forms throughout history. Nowadays piracy is still present in every corner of the world, especially in poor, politically weak regions such as Somalia. The instability and lawlessness in Somalia has created perfect circumstances for piracy to develop into an extremely lucrative business, while at the same time a large part of the population face starvation and death. Root causes of the problem lie in the absence of an effective central government in Somalia, while additional conditions aggravate the problem and facilitate the piracy. The huge humanitarian and political crisis in Somalia and the
wide range of consequences and dangers for the international world highlight the need for additional and a more focused attention of the world community. (Somali) piracy is dealt with in several international conventions and in many UN resolutions, all aiming at addressing the issue of maritime (Somali-based) piracy. Pitfalls in international law related to Somali piracy can be found in the narrow definition of piracy and the difficulties concerning the prosecution of suspected pirates. The attempts of the global community have not yet resulted in significant successes as the world is focusing on fighting the symptoms of piracy. Nevertheless, some small positive developments are apparent, mainly by strengthening a coordinated and uniform approach. The Somali piracy cannot be solved without solving its land-based root causes. A first step would be to end the chaos on land and ensure stability. This can only be achieved by continuation of both maritime and land-based operations. But also, by developing alternative means of living for the pirates, by stimulating (economic) opportunity and reviving the coastal industry. To have any chance of success, an urgent change of Western attitude towards the Somali people and government is needed. But also internally, ordinary Somalis should change their attitude, realizing their pirates are involved in criminal acts. A plan for Somalia's future has to be designed. If not, initiated solutions and missions are doomed to
failure. Although not considered as sustainable solutions to piracy, other (superficial) solutions require consideration such as the toleration or legalization of piracy, the use of private security forces (clear rules for the use of arms are necessary), the prohibition of ransom payments and changes in international and national law related to the prosecution of pirates. The recently signed deal by Somalia's Deputy Prime Minister and the spiritual leader of the Ahlu Sunna WalJamaa's provides a major step forward.
Power is being shared with the Sufi religious group, stipulating that the two sides now join forces to fight the radical Islamist group al-Shabaab. The deal presents real hope for a future of stability and security and for the retention of a more effective functioning government of Somali. But it would be naive to think this agreement only will bring about a miracle in Somalia.