Współpraca państw UE w realizacji polityki akwenowej na przykładzie pierwszej, morskiej, militarnej operacji EUNAVFOR ATALANTA

The uncontrollable outbreak of piracy attacks off the Somali coast has lately made the East African coast the area where the majority of all global maritime crimes occur. Located in East Africa, Somalia borders one of the most important maritime communication routes on Earth: the Suez Canal – the Red Sea – the Gulf of Aden. EU states could be acutely affected by the disruption of sea trade in this area, therefore they have become actively involved in fighting piracy off the Somali coast. As a result of political, organizational and legal activity, the Council of the EU established the first maritime military operation under the auspices of the European Union – EUNAVFOR Somalia – Operation Atalanta. The efficient operation of EU naval forces, hundreds of miles from European shores would not have been possible had it not been for an extensive and comprehensive maritime policy. Not only has its implementation enabled the EU to chase pirates in the Somali basin, or helped bring any criminals detained before the courts, but is has also influenced countries outside the European Union.

EUNAVFOR OPERATION ATALANTA OFF SOMALIA: THE EU IN UNCHARTERED LEGAL WATERS?

EUNAVFOR Operation Atalanta has been the first maritime operation of the European Union and it has certainly been successful given the significant decrease of pirate attacks off the Somali coast. However, various issues have been raised concerning its legal basis under international law and its legal framework, including questions of responsibility. These issues are particularly interesting since the EU has a more integrated legal order than other organizations involved in such operations (eg UN, NATO). The present article attempts to address these issues against the background of international and European law. Even though the legal basis of the Operation is clear from a European law perspective, there have been certain misconceptions concerning the legal basis of the Operation under international law. The delineation of the Operation's legal framework requires a careful analysis of the rules applicable to each of its phases and of its addressees, since each phase is subject to different rules which are binding on different actors. Finally, there is an extensive discussion of questions of responsibility, which were heavily influenced by the applicable Rules of Engagement and of the actual conduct of the Operation. The conclusion is that, at least on the high seas, responsibility should primarily rest with the flag States rather than with the EU. However, in most cases the EU is indirectly responsible for violations of international law, except in cases where suspected pirates are transferred to third States pursuant to EU agreements with such States, in which case it bears primarily responsibility.

Atalanta: Militär gegen Piraterie

The author discusses the causes, the special forms and the consequences of piracy in the coastal waters of Somalia. She debates the reasons for the decision of the European Union to launch a military operation against piracy. In spite of the fact that the German constitution prohibits the use of armed forces for the prevention of criminal acts German naval forces are taking part in the European military operation „Atalanta“.