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Fear and Loathing on the High Seas: Affective Dimensions of Justice in Kenya’s Piracy Trials

Author

Listed:
  • Brittany VandeBerg

    (Department of Criminology and Criminal Justice, University of Alabama, USA)

  • Harper Cook

    (Department of Criminology and Criminal Justice, University of Alabama, USA)

  • Caden Kilpatrick

    (Department of Criminology and Criminal Justice, University of Alabama, USA)

Abstract

Piracy off the coast of Somalia captured international attention in the early 2010s. The regional approach to prosecuting piracy in East Africa required multi‐state participation and involved an array of local and international actors that ultimately reshaped criminal justice systems and understandings of maritime crime. Kenya was the first country in the region to agree to try suspected pirates as part of the UN regional model for prosecuting pirates. As they updated their piracy laws with the assistance of international legal advisors, many of the details concerning who could be tried in Kenyan courts, what constitutes evidence, and the rights that should be afforded to suspected pirates were continuously modified as court proceedings unfolded. Employing an iterative thematic content analysis of piracy trial transcripts obtained from the High Court of Mombasa in Kenya, this study explores how weapons and fear became central components of establishing guilt in piracy prosecutions. Accordingly, it highlights the dynamic relationship between fear, relative plausibility, and maritime justice that constitute the affective dimensions of justice at work in East Africa’s regional piracy prosecution model.

Suggested Citation

  • Brittany VandeBerg & Harper Cook & Caden Kilpatrick, 2024. "Fear and Loathing on the High Seas: Affective Dimensions of Justice in Kenya’s Piracy Trials," Ocean and Society, Cogitatio Press, vol. 1.
    • Handle: RePEc:cog:ocesoc:v1:y:2024:a:8623
    DOI: 10.17645/oas.8623
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    References listed on IDEAS

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    1. Douglas Guilfoyle, 2013. "Prosecuting Pirates: The Contact Group on Piracy off the Coast of Somalia, Governance and International Law," Global Policy, London School of Economics and Political Science, vol. 4(1), pages 73-79, February.
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