The Function of the 1982 Convention on the Law of the Sea and the 1988 Rome Convention in Combating Maritime Terrorism
Subject Areas : Maritime lawReza Jahanpanah 1 , Sayyed Ali Jabbar Golbaghi Masouleh 2
1 - Master of Private Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.
2 - Assistant Professor, Department of Jurisprudence and Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
Keywords: Maritime terrorism, maritime security, International Maritime Organization, 1982 Convention on the Law of the Sea, 1988 Rome Convention,
Abstract :
The 1982 United Nations Convention on the Law of the Sea and the 1988 Rome Convention are both important legal instruments for combating maritime terrorism and unlawful acts committed at sea. The 1982 Convention on the Law of the Sea establishes a global legal framework for the use and management of marine resources as well as for the protection of the marine environment. It also contains several key provisions related to maritime terrorism, including the definition of maritime zones. The Convention specifies how the seas are divided into different areas, such as territorial waters, the exclusive economic zone, and others, and determines the extent of state sovereignty within these zones. This aspect is important for controlling illegal activities such as terrorism. It also imposes obligations on coastal states, requiring them to protect their waters and prevent illegal activities, including terrorism. Finally, through encouraging international cooperation, the Convention motivates member states to collaborate in maintaining maritime security.The 1988 Rome Convention, in turn, specifically addresses maritime terrorism and provides legal mechanisms to combat such acts. These mechanisms include the definition and punishment of offenses: the Convention defines actions that constitute maritime terrorism and prescribes penalties for them. It also sets obligations regarding arrest and prosecution, requiring member states to detain and prosecute individuals accused of committing terrorist acts at sea. Finally, it facilitates cooperation and information exchange among states by establishing frameworks for sharing intelligence related to maritime terrorist threats. Both conventions are of significant importance within the framework of international law for combating maritime terrorism. While the 1982 Convention on the Law of the Sea serves as a general framework for governing the seas and preventing unlawful acts, the 1988 Rome Convention functions as a specialized instrument designed to address maritime terrorism specifically. Together, they help states ensure maritime security and protect their interests at sea.The two threats of maritime terrorism and piracy have had the most severe impacts on maritime security and on the fundamental rights of citizens, at times even reaching the level of crisis. Governments and the international community have long recognized the seriousness of these two phenomena and have sought to confront them. Since the 1990s, important conventions among states have been adopted to identify these challenges and to recognize the judicial authority of states to prosecute offenders. Meanwhile, international and regional organizations have also taken significant actions to combat these phenomena, efforts that have contributed considerably to their reduction. The article concludes that, for the effective fight against maritime terrorism, it is necessary to strengthen these conventions to allow for preventive measures, prosecution and punishment of offenders, and the resolution of potential conflicts with the rules of international law of the sea.
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