Illegal Fishing: Analysis of MV Nika Case in International Criminal Law Perspective

Illegal, Unreported, and Unregulated (IUU) fishing poses a significant threat to global marine ecosystems, economic sustainability, and maritime security. The case of the MV Nika, a vessel implicated in transnational illegal fishing activities, highlights the complex legal and jurisdictional challenges faced in addressing maritime crimes under international law. This paper analyzes the MV Nika case from the perspective of international criminal law, exploring the extent to which such activities can be framed within existing legal instruments and accountability mechanisms. While traditionally treated as a regulatory or administrative offense, illegal fishing increasingly overlaps with organized transnational crime, involving document fraud, labor exploitation, and environmental harm. The analysis considers whether IUU fishing, in cases like MV Nika, meets the threshold of crimes under international law or can be prosecuted under frameworks addressing transnational organized crime, such as the United Nations Convention against Transnational Organized Crime (UNTOC). It also explores the applicability of maritime conventions including the United Nations Convention on the Law of the Sea (UNCLOS) and the role of flag states and port states in enforcing legal norms. This study argues for a broader interpretation of international criminal law to incorporate serious environmental crimes, particularly when they are systemic and transnational in nature. The MV Nika case serves as a critical example of the legal and enforcement gaps that persist. Strengthening international cooperation, closing jurisdictional loopholes, and integrating environmental crimes into the international criminal law agenda are essential steps toward ensuring accountability and protecting global marine resources.

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Publication Details

Journal
International Law Discourse in Southeast Asia
Published
2024-12-01
DOI
https://doi.org/10.15294/ildisea.v3i2.35124
Primary Topic
Maritime Security and History
Type
article
Field-Weighted Citation Impact
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article

Illegal Fishing: Analysis of MV Nika Case in International Criminal Law Perspective

Bagus Hendradi Kusuma, Fath Diene Yuslima Handaruan, Gusthomi Moh. Imam
International Law Discourse in Southeast Asia
Maritime Security and History
article

Illegal Fishing: Analysis of MV Nika Case in International Criminal Law Perspective

Bagus Hendradi Kusuma, Fath Diene Yuslima Handaruan, Gusthomi Moh. Imam
article en

Abstract

Illegal, Unreported, and Unregulated (IUU) fishing poses a significant threat to global marine ecosystems, economic sustainability, and maritime security. The case of the MV Nika, a vessel implicated in transnational illegal fishing activities, highlights the complex legal and jurisdictional challenges faced in addressing maritime crimes under international law. This paper analyzes the MV Nika case from the perspective of international criminal law, exploring the extent to which such activities can be framed within existing legal instruments and accountability mechanisms. While traditionally treated as a regulatory or administrative offense, illegal fishing increasingly overlaps with organized transnational crime, involving document fraud, labor exploitation, and environmental harm. The analysis considers whether IUU fishing, in cases like MV Nika, meets the threshold of crimes under international law or can be prosecuted under frameworks addressing transnational organized crime, such as the United Nations Convention against Transnational Organized Crime (UNTOC). It also explores the applicability of maritime conventions including the United Nations Convention on the Law of the Sea (UNCLOS) and the role of flag states and port states in enforcing legal norms. This study argues for a broader interpretation of international criminal law to incorporate serious environmental crimes, particularly when they are systemic and transnational in nature. The MV Nika case serves as a critical example of the legal and enforcement gaps that persist. Strengthening international cooperation, closing jurisdictional loopholes, and integrating environmental crimes into the international criminal law agenda are essential steps toward ensuring accountability and protecting global marine resources.

International Law Discourse in Southeast AsiaVol. 3(2)
Openalex Percentile: Top 73%
Maritime Security and History
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