The Security Council has broadly endorsed a Russian proposal for an international legal response to piracy. The Council resolution gives Secretary-General Ban Ki Moon three months to offer up alternative legal structures for responding to the problem. As this recent NPR story suggests, the alternative of national prosecutions has proved difficult to manage, not least because international naval forces aren’t thinking about preserving evidence for prosecution.
Naval commanders aren’t used to a law enforcement role, so they don’t always collect evidence that will stand up in court. In many cases, pirates have been able to throw the main evidence against them — their weapons — overboard before navy crews can capture them.