Abstract
For a country to deal with maritime terrorism as an offence it has to implement as provided under Article 3 of the SUA Convention and SUA Protocol, 1988 by incorporating it in its domestic law. However, since the amendment of SUA Convention and SUA Protocol which introduced the offence of maritime terrorism there was no amendment which was done to incorporate the offence in our domestic law. The legal regime of our country only allows prosecution of suspect if the offence has been domesticated into our laws. It investigates legal challenges at domestic level emanating from the international law. It also interrogates the adequacy and inadequacy of the existing legal framework in protecting maritime security. Aim of this research is to analyse the inadequacy of the existing Prevention of terrorism Act in prosecution of maritime terrorism towards the amendment of SUA Convention and its Protocol. After the consideration of the above issues the research finds that Tanzania lacks a comprehensive law which provide room for prosecution of maritime terrorism. Data was collected purposively from 29 respondents selected from Judges, Prosecutors. Advocates and Police Officers. Questionnaires and interview and documentary review were used to collect data. The major findings of this study revealed that in Tanzania legal regime does not provide room in prosecution of maritime terrorism as the country does not incorporate into our law Article 3 of the amended SUA convention which introduced maritime terrorism as an offence. Consequently, the research recommends a law reform in Tanzania especially the Prevention of Maritime Terrorism Act so as to incorporate maritime terrorism as an offence.
References
Books Bohm R.M & Haley K.N, (2002) Introduction to Criminal Justice, New York, McGra Education, New York, 3rd edition. Daniel O’Connell (edited by Ivan A. Shearer), The International Law of the Sea, Volume 1 (Oxford: Clarendon Press) Garner, B.A, (2000) Black’s Law Dictionary, St. Paul, Minn., West Group, (7th edition). Helmut T. (2010), Combating Terrorism at Sea, Volume 1. Lehr, P, A (2023) Modern History of Maritime Terrorism. Manning. C &Nyanduga B.T (2006), Guide to Tanzania Legal System and Legal Research. Seokwoo, S.C.L & Kwon. M (2013) the Limits of Maritime Jurisdiction. Darton M &Watkins D (2013) Research method in Law, London, Routledge: Tylor and Francis Group, 1st edition. Manual Maritime Crime: A Manual for Criminal Justice Practioners, 2nd Edition, United Nations Office on Drugs Crime Report Financial Intelligence Unit (FIU), Terrorist Financing Risk Assessment Report, 2022 Articles Bhandari P. (2021) Ethical Considerations in Research/ Types and examples. Ferreira. J.C (2018 Research Validity. McCombes.S (2019) Sampling Methods/Types, Techniques and Examples Yin.R. K (2018) Case Study Research and Applications, 6th edition. Theses/ Dissertations Logina, a “The internation law related to maritime security: an analysis of its effectiveness in combating piracy armed robbery against ships. Mapunda B.T “the law of the sea in Tanzania: assessment of the implementation of the 1982 United Convention on the Law of the sea. Mejia M.Q and Mukhorijee P. ‘The SUA Convention 2005: a critical evaluation of its effectiveness in suppressing maritime criminal acts. Mkakili F.N., Analysis of Marine Environment Protection Law in Tanzania, World Maritime University, 1997 Ngugi L.M, Maritime Security Offences Act, Ratification of 2005 SUA Convention and 2005 SUA Protocol. Prodan. T (2017) Maritime terrorism and resilience of maritime criminal infrasture. Rashid J.M, An Act to provide for the Effective Incorporation and Implementation of the International Convention on Arrest of ships 1999 and other matters, International Maritime Law Institute 2019-2020.
