Criminal Policy in Combating Modern Forms of Piracy from the Perspective of International Criminal Law and Domestic Law

Mohgdehi, Bahare; Kazemi, Seyed Sajjad; Adabi, Hamidreza; Roostaei Hosseyn Abadi, Yasser

doi:10.22075/feqh.2025.36868.4174

Criminal Policy in Combating Modern Forms of Piracy from the Perspective of International Criminal Law and Domestic Law

Document Type : Original Article

Authors

Bahare Mohgdehi ¹

Seyed Sajjad Kazemi ²

Hamidreza Adabi ³

Yasser Roostaei Hosseyn Abadi ⁴

¹ PhD student, Department of Criminal Law and Criminology, Islamic Azad University, North Tehran Branch, Tehran, Iran.

² Associate Professor, Department of Criminal Law and Criminology, Faculty of Literature and Humanities, Malayer University, Malayer, Iran

³ Assistant Professor, Department of Criminal Law and Criminology, Faculty of Humanities, North Tehran Branch, Islamic Azad University, Tehran, Iran.

⁴ Assistant Professor, Department of Public Law, Faculty of Humanities, Minab Branch, Islamic Azad University, Minab, Iran.

10.22075/feqh.2025.36868.4174

Abstract

Piracy, as one of the oldest international crimes, has evolved with technological advancements and the expansion of global trade, posing a threat to international security and maritime commerce. This article aims to examine criminal policy in combating modern forms of piracy from the perspective of international criminal law and domestic law. The primary objective of the study is to analyze the limitations and challenges of international regulations, such as the United Nations Convention on the Law of the Sea (UNCLOS), and to assess how domestic laws are implemented to counter this global phenomenon. Furthermore, this article seeks to propose solutions for enhancing international coordination and updating domestic laws to improve the effectiveness of criminal policies in addressing piracy in the contemporary era. The main challenge of this research lies in the complexity and diversity of modern piracy, which stems from technological advancements, the globalization of trade, and evolving methods of committing this crime. These developments have rendered existing international and domestic legal frameworks insufficient in effectively countering this phenomenon. Additionally, discrepancies in national laws and weaknesses in international cooperation further complicate efforts to combat piracy. These challenges necessitate a fundamental review and updating of criminal policies at both national and international levels. Findings indicate that, given the complexities of modern piracy and its global threats, criminal policy requires coordinated and updated approaches at both the international and national levels. While international instruments, such as UNCLOS, have made efforts to combat piracy, there remains a pressing need for strengthening multilateral cooperation and developing more comprehensive and effective legal frameworks in various countries. Moreover, enhancing enforcement capacities and updating surveillance technologies are among the measures that could prove effective in addressing this issue.

Keywords

Piracy

Criminal Policy

International Criminal Law

United Nations Convention on the Law of the Sea (UNCLOS)

International Instruments

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