Piracy is the name of a specific crime under customary international law and also the name of a number of crimes under the municipal law of a number of States. It is distinguished from privateering, which is authorized by national authorities and therefore a legitimate form of war-like activity by non-state actors. Privateering is considered commerce raiding, and was outlawed by the Peace of Westphalia (1648) for signatories to those treaties.
Those who engage in acts of piracy are called pirates. Historically, offenders have usually been apprehended by military personnel and tried by military tribunals.
Today the international community is facing many problems in bringing pirates to justice.[1]
and Santa Brigada which were loaded with gold specie. They were taken by four British frigates who shared the money, each captain receiving £40,730. Each lieutenant got £5,091, the Warrant Officer group, £2,468, the midshipmen £791 and the individual seamen £182.
It should also be noted that it was usually only the frigates which took prizes; the ships of the line were far too ponderous to be able to chase and capture the smaller ships which generally carried treasure. Nelson always bemoaned that he had done badly out of prize money and even as a flag officer received little. This was not that he had a bad command of captains but rather that British mastery of the seas was so complete that few enemy ships dared to sail.[43]
Comparison chart using the share distribution known for three pirates against the shares for a Privateer and wages as paid by the Royal Navy.
Rank | Bartholomew Roberts | George Lowther | William Phillips | Privateer (Sir William Monson) | Royal Navy (per month) |
---|---|---|---|---|---|
Captain | 2 shares | 2 shares | 1.5 shares | 10 shares | £8, 8s |
Master | 1.5 shares | 1.5 shares | 1.25 shares | 7 or 8 shares | £4 |
Boatswain | 1.5 shares | 1.25 shares | 1.25 shares | 5 shares | £2 |
Gunner | 1.5 shares | 1.25 shares | 1.25 shares | 5 shares | £2 |
Quartermaster | 2 shares | 4 shares | £1, 6s | ||
Carpenter | 1.25 shares | 5 shares | £2 | ||
Mate | 1.25 shares | 5 shares | £2, 2s | ||
Doctor | 1.25 shares | 5 shares | £5 +2d per man aboard | ||
"Other Officers" | 1¼ shares | various rates | various rates | ||
Able Seamen (2 yrs experience) Ordinary Seamen (some exp) Landsmen (pressganged) | 1 share | 1 share | 1 share | 22s 19s 11s |
[edit] Punishment
During the 17th and 18th centuries, once pirates were caught, justice was meted out in a summary fashion, and many ended their lives by "dancing the hempen jig", or hanging at the end of a rope. Public execution was a form of entertainment at the time, and people came out to watch them as they would to a sporting event today. Newspapers were glad to report every detail, such as recording the condemned men's last words, the prayers said by the priests for their immortal souls, and their final agonising moments on the gallows. In England most of these executions took place at Execution Dock on the River Thames in London.In the cases of more famous prisoners, usually captains, their punishments extended beyond death. Their bodies were enclosed in iron cages (for which they were measured before their execution) and left to swing in the air until the flesh rotted off them- a process that could take as long as two years. The bodies of captains such as William Kidd, Charles Vane, William Fly, and Jack Rackham were all treated this way.[44]
[edit] Privateers
Main article: Privateer
A privateer or corsair used similar methods to a pirate, but acted while in possession of a commission or letter of marque from a government or monarch authorizing the capture of merchant ships belonging to an enemy nation. For example, the United States Constitution of 1787 specifically authorized Congress to issue letters of marque and reprisal. The letter of marque was recognized by international convention and meant that a privateer could not technically be charged with piracy while attacking the targets named in his commission. This nicety of law did not always save the individuals concerned, however, as whether one was considered a pirate or a legally operating privateer often depended on whose custody the individual found himself in—that of the country that had issued the commission, or that of the object of attack. Spanish authorities were known to execute foreign privateers with their letters of marque hung around their necks to emphasize Spain's rejection of such defenses. Furthermore, many privateers exceeded the bounds of their letters of marque by attacking nations with which their sovereign was at peace (Thomas Tew and William Kidd are notable alleged examples), and thus made themselves liable to conviction for piracy. However, a letter of marque did provide some cover for such pirates, as plunder seized from neutral or friendly shipping could be passed off later as taken from enemy merchants.The famous Barbary Corsairs (authorized by the Ottoman Empire) of the Mediterranean were privateers, as were the Maltese Corsairs, who were authorized by the Knights of St. John, and the Dunkirkers in the service of the Spanish Empire. In the years 1626–1634 alone, the Dunkirk privateers captured 1,499 ships, and sank another 336.[45] From 1609 to 1616, England lost 466 merchant ships to Barbary pirates, and 160 British ships were captured by Algerians between 1677 and 1680.[46] One famous privateer was Sir Francis Drake. His patron was Queen Elizabeth I, and their relationship ultimately proved to be quite profitable for England.[47]
Privateers were a large proportion of the total military force at sea during the 17th and 18th centuries. During the Nine Years War, the French adopted a policy of strongly encouraging privateers, including the famous Jean Bart, to attack English and Dutch shipping. England lost roughly 4,000 merchant ships during the war.[48] In the following War of Spanish Succession, privateer attacks continued, Britain losing 3,250 merchant ships.[49] During the War of Austrian Succession, Britain lost 3,238 merchant ships and France lost 3,434 merchant ships to the British.[48]
During King George's War, approximately 36,000 Americans served aboard privateers at one time or another.[48] During the American Revolution, about 55,000 American seamen served aboard the privateers.[50] The American privateers had almost 1,700 ships, and they captured 2,283 enemy ships.[51] Between the end of the Revolutionary War and 1812, less than 30 years, Britain, France, Naples, the Barbary States, Spain, and the Netherlands seized approximately 2,500 American ships.[52] Payments in ransom and tribute to the Barbary states amounted to 20% of United States government annual revenues in 1800.[53] Throughout the American Civil War, Confederate privateers successfully harassed Union merchant ships.[54]
Privateering lost international sanction under the Declaration of Paris in 1856.
[edit] Modern age
See also: Piracy in the Gulf of Guinea, Piracy in Somalia, Piracy in the Strait of Malacca, and Piracy on Falcon Lake
[edit] Overview
Seaborne piracy against transport vessels remains a significant issue (with estimated worldwide losses of US$13 to $16 billion per year),[55][56] particularly in the waters between the Red Sea and Indian Ocean, off the Somali coast, and also in the Strait of Malacca and Singapore, which are used by over 50,000 commercial ships a year. A recent[57] surge in piracy off the Somali coast spurred a multi-national effort led by the United States to patrol the waters near the Horn of Africa.Modern pirates favor small boats and taking advantage of the small number of crew members on modern cargo vessels. They also use large vessels to supply the smaller attack/boarding vessels. Modern pirates can be successful because a large amount of international commerce occurs via shipping. Major shipping routes take cargo ships through narrow bodies of water (such as the Gulf of Aden and the Strait of Malacca) making them vulnerable to be overtaken and boarded by small motorboats.[58][59] Other active areas include the South China Sea and the Niger Delta. As usage increases, many of these ships have to lower cruising speeds to allow for navigation and traffic control, making them prime targets for piracy.
Also, pirates often operate in regions of developing or struggling countries with smaller navies and large trade routes. Pirates sometimes evade capture by sailing into waters controlled by their pursuer's enemies. With the end of the Cold War, navies have decreased size and patrol, and trade has increased, making organized piracy far easier. Modern pirates are sometimes linked with organized-crime syndicates, but often are parts of small individual groups.
The International Maritime Bureau (IMB) maintains statistics regarding pirate attacks dating back to 1995. Their records indicate hostage-taking overwhelmingly dominates the types of violence against seafarers. For example in 2006, there were 239 attacks, 77 crew members were kidnapped and 188 taken hostage but only 15 of the pirate attacks resulted in murder.[60] In 2007 the attacks rose by 10% to 263 attacks. There was a 35% increase on reported attacks involving guns. Crew members that were injured numbered 64 compared to just 17 in 2006.[61] That number does not include hostages/kidnapping where they were not injured.
The number of attacks within the first nine months of 2009 already surpassed the previous year's due to the increased pirate attacks in the Gulf of Aden and off Somalia. Between January and September the number of attacks rose to 306 from 293. The pirates boarded the vessels in 114 cases and hijacked 34 of them so far in 2009. Gun use in pirate attacks has gone up to 176 cases from 76 last year.[62]
In some cases, modern pirates are not interested in the cargo but instead in taking the personal belongings of the crew and the contents of the ship's safe, which might contain large amounts of cash needed for payroll and port fees. In other cases, the pirates force the crew off the ship and then sail it to a port to be repainted and given a new identity through false papers often purchased from corrupt or complicit officials.[63]
Modern piracy can also take place in conditions of political unrest. For example, following the U.S. withdrawal from Vietnam, Thai piracy was aimed at the many Vietnamese who took to boats to escape. Further, following the disintegration of the government of Somalia, warlords in the region have attacked ships delivering UN food aid.[64]
Environmental action groups such as Sea Shepherd have been accused of engaging in piracy and terrorism, when they ram and throw butyric acid on the decks of ships engaged in commercial fishing, shark poaching and finning, seal hunting, and whaling. In two instances they boarded a Japanese whaling vessel. While non-lethal weapons are used by the Sea Shepherd ships, their tactics and methods are considered acts of piracy by some.[65][66]
The attack against the U.S. cruise ship the Seabourn Spirit offshore of Somalia in November 2005 is an example of the sophisticated pirates mariners face. The pirates carried out their attack more than 100 miles (160 km) offshore with speedboats launched from a larger mother ship. The attackers were armed with automatic firearms and an RPG.[67]
Many nations forbid ships to enter their territorial waters or ports if the crew of the ships are armed, in an effort to restrict possible piracy.[68] Shipping companies sometimes hire private armed security guards.
Modern definitions of piracy include the following acts:
- Boarding
- Extortion
- Hostage taking
- Kidnapping of people for ransom
- Murder
- Robbery
- Sabotage resulting in the ship subsequently sinking
- Seizure of items or the ship
- Shipwrecking done intentionally to a ship
In modern times, ships and airplanes are hijacked for political reasons as well. The perpetrators of these acts could be described as pirates (for instance, the French for plane hijacker is pirate de l'air, literally air pirate), but in English are usually termed hijackers. An example is the hijacking of the Italian civilian passenger ship Achille Lauro in 1985, which is generally regarded as an act of piracy.
Modern pirates also use a great deal of technology. It has been reported that crimes of piracy have involved the use of mobile phones, satellite phones, GPS, Sonar systems, modern speedboats, assault rifles, shotguns, pistols, mounted machine guns, and even RPGs and grenade launchers.
[edit] Pirate economics
A 2011 report published by Geopolicity Inc called The Economics of Piracy, investigated the causes and consequences of international piracy, with a particular focus on piracy emanating from Somalia.[69] The report asserts that piracy is an emerging market in its own right, valued at between US$4.9–8.3 billion in 2010 alone, and it establishes, for the first time, an economic model for assessing the costs and benefits of international piracy. This model provides a comprehensive, independent framework of trend analysis, whilst also highlighting where the greatest rates of return on international counter pirate investment and policy are to be found across what Geopolicity term the ‘Pirate Value Chain.’ The report states that the number of pirates could double by 2016, increasing by 400 each year. This is being fuelled by attractive financial incentives with Somali pirates earning up to US$79,000/year; equating to almost 150 times their country’s national average wage.[69][edit] Recent incidents
See also: List of ships attacked by Somali pirates
Piracy incidents in 2010[70][71] | ||||
---|---|---|---|---|
Regions | Incidents | Types of vessels attacked | ||
Africa | 259 | Bulk carrier | 80 | |
America | 40 | Container | 80 | |
East Asia | 44 | General cargo | 80 | |
Indian sub-continent | 28 | Chemical tanker | 80 | |
South East Asia | 70 | Crude oil tanker | 80 | |
Rest of world | 4 | Product tanker | 80 | |
Tug | 20 | |||
Trawler/fishing boat | 19 | |||
Other | 50 | |||
- During the Troubles in Northern Ireland, two coaster ships were hijacked and sunk by the IRA in the span of one year, between February 1981 and February 1982.
- A collision between the container ship Ocean Blessing and the hijacked tanker Nagasaki Spirit occurred in the Malacca Straits at about 23:20 on September 19, 1992. Pirates had boarded the Nagasaki Spirit, removed its captain from command, set the ship on autopilot and left with the ship's master for a ransom. The ship was left going at full speed with no one at the wheel. The collision and resulting fire took the lives of all the sailors of Ocean Blessing; from Nagasaki Spirit there were only 2 survivors. The fire on the Nagasaki Spirit lasted for six days; the fire aboard the Ocean Blessing burned for five weeks.[72]
- The cargo ship Chang Song boarded and taken over by pirates posing as customs officials in the South China Sea in 1998. Entire crew of 23 was killed and their bodies thrown overboard. Six bodies were eventually recovered in fishing nets. A crackdown by the Chinese government resulted in the arrest of 38 pirates and the group's leader, a corrupt customs official, and 11 other pirates who were then executed.[73]
- The New Zealand environmentalist, yachtsman and public figure Sir Peter Blake was killed by Brazilian pirates in 2001.[74]
- Pirates boarded the supertanker Dewi Madrim in March 2003 in the Malacca Strait. Articles like those written by the Economist indicate the pirates did not focus on robbing the crew or cargo, but instead focused on learning how to steer the ship and stole only manuals and technical information. However, the original incident report submitted to the IMO by the IMB would indicate these articles are incorrect and misleading. See also: Letter to the Editor of Foreign Affairs.
- The American luxury liner The Seabourn Spirit was attacked by pirates in November 2005 off the Somalian coast. There was one injury to a crewmember; he was hit by shrapnel.
- Pirates boarded the Danish bulk carrier Danica White in June 2007 near the coast of Somalia. USS Carter Hall tried to rescue the crew by firing several warning shots but wasn't able to follow the ship into Somali waters.[75]
- In April 2008, pirates seized control of the French luxury yacht Le Ponant carrying 30 crew members off the coast of Somalia.[76] The captives were released on payment of a ransom. The French military later captured some of the pirates, with the support of the provisional Somali government.[77] On June 2, 2008, the UN Security Council passed a resolution enabling the patrolling of Somali waters following this and other incidents. The Security Council resolution provided permission for six months to states cooperating with Somalia's Transitional Federal Government (TFG) to enter the country's territorial waters and use "all necessary means" to stop "piracy and armed robbery at sea, in a manner consistent with international law."[78]
- Several more piracy incidents have occurred in 2008 including a Ukrainian ship, the MV Faina, containing an arms consignment for Kenya, including tanks and other heavy weapons, which was possibly heading towards an area of Somalia controlled by the Islamic Courts Union (ICU) after its hijacking by pirates[79] before anchoring off the Somali coast. The Somali pirates—in a standoff with US missile destroyer the USS Howard—asked for a $20 million ransom for the 20 crew members it held; shots were heard from the ship, supposedly because of a dispute between pirates who wanted to surrender and those who didn't.[80] In a separate incident, occurring near the same time (late September to early October), an Iranian cargo ship, MV Iran Deyanat, departing from China, was boarded by pirates off Somalia. The ship's cargo was a matter of dispute, though some pirates have apparently been sickened, lost hair, suffered burns, and even died while on the ship. Speculations of chemical or even radioactive contents have been made.[81]
- On November 15, 2008, Somali pirates seized the supertanker MV Sirius Star, 450 miles off the coast of Kenya. The ship was carrying around $100 million worth of oil and had a 25-man crew. This marked the largest tonnage vessel ever seized by pirates.[82]
- On April 8, 2009, Somali pirates briefly captured the MV Maersk Alabama, a 17,000-ton cargo ship containing emergency relief supplies destined for Kenya. It was the latest in a week-long series of attacks along the Somali coast, and the first of these attacks to target a U.S.-flagged vessel. The crew took back control of the ship although the Captain was taken by the escaping pirates to a lifeboat.[83] On Sunday, April 12, 2009, Capt. Richard Phillips was rescued, reportedly in good condition, from his pirate captors who were shot and killed by US Navy SEAL snipers.[84][85] Vice Admiral William E. Gortney reported the rescue began when Commander Frank Castellano, captain of the USS Bainbridge, determined that Phillips' life was in imminent danger and ordered the action.
- In July 2009, Finnish-owned ship MV Arctic Sea sailing under Maltese flag was allegedly hijacked in the territorial waters of Sweden by a group of eight to ten pirates disguised as policemen. According to some sources, the pirates held the ship for 12 hours, went through the cargo and later released the ship and the crew.[86] However, an investigation into the incident is underway amidst speculation regarding the ship's actual cargo, allegations of cover-up by Russian authorities and Israeli involvement.
- On April 1, 2010, pirates attacked the USS Nicholas, an Oliver Hazard Perry-class missile frigate in international waters west of the Seychelles. The pirates opened fire from a small skiff at 12:27 am local time, presumably mistaking the warship for a merchant vessel in the dark. The USS Nichlolas returned fire, pursuing the small vessel until it stopped. The U.S. Navy crew detained the three occupants of the skiff as well as two more pirates aboard the mother ship, which was waiting nearby.[87]
- On October 2, 2010, a 911 call transcript was released detailing an incident of an American tourist who was shot dead by Mexican pirates on a U.S.-Mexico border lake that has been plagued with drug cartel violence in recent years.[88]
[edit] Successful attempts against piracy
International ships equipped with helicopters patrol the waters where pirate activity has been reported, but the area is very large. Some ships are equipped with anti-piracy weaponry such as a sonic device that sends a sonic wave out to a directed target, creating a sound so powerful that it bursts the eardrums and shocks pirates, causing them to become disoriented enough to drop their weapons, while the vessel being pursued increases speed and engages in evasive maneuvering.[92] Additional measures used against pirates include the deployment of unmanned aerial vehicles (UAVs) and remotely controlled boats.[93]- MS Nautica, December 2008[94]
- US-flagged Maersk Alabama, April 2009,[95] November 2009[96]
- Liberian-registered cargo ship, April 2009[97]
- US-flagged MV Liberty Sun, April 2009[98]
- The Marshall Islands-flagged Handytankers Magic, April 2009[99]
- Operation Dawn of Gulf of Aden, January 21, 2010.
- Republic of Korea-flagged freighter Samho Jewelry, January 2011[100]
[edit] Legal authority
There are legal barriers to prosecuting individuals captured in international waters.[citation needed] Some countries are struggling[citation needed] to apply existing maritime law, international law, and their own laws, which limits them to having jurisdiction over their own citizens.[citation needed] According to piracy experts,[citation needed] the goal is to "deter and disrupt" pirate activity, and pirates are often detained, interrogated, disarmed, and released. With millions of dollars at stake, pirates have little incentive to stop. This affects Finland, where an on-going case has seen pirates captured and their boat sank but no prosecution is forthcoming, due to the pirates having attacked a vessel of Singapore and not, themselves, being EU or Finnish citizens. A further complication is that Singapore law allows the death penalty for piracy and Finland does not. Some countries have been reluctant to utilize the death penalty to stop pirates.[101]Prosecutions are rare for several reasons. Modern laws against piracy are almost non-existent. The Dutch are using a 17th-century law against sea robbery to prosecute.[citation needed] Warships that capture pirates have no jurisdiction to try them, and NATO does not have a detention policy in place. Prosecutors have a hard time assembling witnesses and finding translators, and countries are reluctant to imprison pirates because they would be saddled with them upon their release.[102] By contrast, the United States has a statute imposing a sentence of life in prison for piracy "as defined by the law of nations" committed anywhere on the high seas, regardless of the nationality of the pirates or the victims.[103]
George Mason University professor Peter Leeson has suggested that the international community appropriate Somali territorial waters and sell them, together with the international portion of the Gulf of Aden, to a private company which would then provide security from piracy in exchange for charging tolls to world shipping through the Gulf.[104][105]
[edit] Self protection measures and increased patrol
First and foremost, the best protection against piracy is simply to avoid encountering them. This can be accomplished by using tools such as radar.[106]In addition, while the non-wartime 20th century tradition has been for merchant vessels not to be armed, the U.S. Government has recently changed the rules so that it is now "best practice" for vessels to embark a team of armed private security guards.[107][108] In addition, the crew themselves can be given a weapons training,[109] and warning shots, less-lethal ammunition, … can be fired legally in international waters and/or when sailing under Israeli or Russian flag[dubious ]. Finally, similar to weapons training, remote weapon systems can be implemented to a vessel.[110]
Other measures vessels can take to protect themselves against piracy are implementing a high freewall[111] and vessel boarding protection systems (e.g., hot water wall, electricity-charged water wall, automated fire monitor, slippery foam).[112]
Finally, in an emergency, warships can be called upon. In some areas such as near Somalia, naval vessels from different nations are present that are able to intercept vessels attacking merchant vessels. For patrolling dangerous coastal waters (and/or keeping financial expenses down), robotic or remote-controlled USVs are also sometimes used.[113] Also, both shore-launched and vessel-launched UAVs are also used by the U.S. Army.[114][115]
[edit] Commerce raiders
A wartime activity similar to piracy involves disguised warships called commerce raiders or merchant raiders, which attack enemy shipping commerce, approaching by stealth and then opening fire. Commerce raiders operated successfully during the American Revolution. During the American Civil War, the Confederacy sent out several commerce raiders, the most famous of which was the CSS Alabama. During World War I and World War II, Germany also made use of these tactics, both in the Atlantic and Indian Oceans. Since commissioned naval vessels were openly used, these commerce raiders should not be considered even privateers, much less pirates—although the opposing combatants were vocal in denouncing them as such.See also: Ruse de guerre
[edit] National law
[edit] United Kingdom
Section 2 of the Piracy Act 1837 creates a statutory offence of aggravated piracy. See also the Piracy Act 1850.In 2008 the British Foreign Office advised the Royal Navy not to detain pirates of certain nationalities as they might be able to claim asylum in Britain under British human rights legislation, if their national laws included execution, or mutilation as a judicial punishment for crimes committed as pirates.[116]
Definition of piracy jure gentium
See section 26 of, and Schedule 5 to, the Merchant Shipping and Maritime Security Act 1997. These provisions replace the Schedule to the Tokyo Convention Act 1967. In Cameron v HM Advocate, 1971 SLT 333, the High Court of Justiciary said that that Schedule supplemented the existing law and did not seek to restrict the scope of the offence of piracy jure gentium.
See also:
- Re Piracy Jure Gentium [1934] AC 586, PC
- Attorney General of Hong Kong v Kwok-a-Sing (1873) LR 5 PC 179
See section 46(2) of the Senior Courts Act 1981 and section 6 of the Territorial Waters Jurisdiction Act 1878. See also R v Kohn (1864) 4 F & F 68.
Piracy committed by or against aircraft
See section 5 of the Aviation Security Act 1982.
Sentence
The book "Archbold" said that in a case that does not fall with section 2 of the Piracy Act 1837, the penalty appears to be determined by the Offences at Sea Act 1799, which provides that offences committed at sea are liable to the same penalty as if they had been committed upon the shore.[117]
History
William Hawkins said that at common law, piracy by a subject was esteemed to be petty treason. The Treason Act 1351 provided that this was not petty treason.[118]
In English admiralty law, piracy was classified as petit treason during the medieval period, and offenders were accordingly liable to be drawn and quartered on conviction. Piracy was redefined as a felony during the reign of Henry VIII. In either case, piracy cases were cognizable in the courts of the Lord High Admiral. English admiralty vice-admiralty judges emphasized that "neither Faith nor Oath is to be kept" with pirates; i.e. contracts with pirates and oaths sworn to them were not legally binding. Pirates were legally subject to summary execution by their captors if captured in battle. In practice, instances of summary justice and annulment of oaths and contracts involving pirates do not appear to have been common.[citation needed]
[edit] International law
[edit] Effects on international boundaries
During the 18th century, the British and the Dutch controlled opposite sides of the Straits of Malacca. The British and the Dutch drew a line separating the Straits into two halves. The agreement was that each party would be responsible for combating piracy in their respective half. Eventually this line became the border between Malaysia and Indonesia in the Straits.[edit] Law of nations
Piracy is of note in international law as it is commonly held to represent the earliest invocation of the concept of universal jurisdiction. The crime of piracy is considered a breach of jus cogens, a conventional peremptory international norm that states must uphold. Those committing thefts on the high seas, inhibiting trade, and endangering maritime communication are considered by sovereign states to be hostis humani generis (enemies of humanity).[119]For a different opinion on Pirates as Hostis Humani Generis see Caninas, Osvaldo PeƧanha. Modern Maritime Piracy: History, Present Situation and Challenges to International Law. Paper presented at the annual meeting of the ISA – ABRI JOINT INTERNATIONAL MEETING, Pontifical Catholic University, Rio de Janeiro Campus (PUC-Rio), Rio de Janeiro, Brazil, Jul 22, 2009
In the United States, criminal prosecution of piracy is authorized in the U.S. Constitution, Art. I Sec. 8 cl. 10:
The Congress shall have Power ... To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;Title 18 U.S.C. § 1651 states:
Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life.Citing the United States Supreme Court decision in the year 1820 case of United States v. Smith,[120] a U.S. District Court ruled in 2010 in the case of United States v. Said that the definition of piracy under section 1651 is confined to "robbery at sea." The piracy charges (but not other serious federal charges) against the defendants in the Said case were dismissed by the Court.[121]
Since piracy often takes place outside the territorial waters of any state, the prosecution of pirates by sovereign states represents a complex legal situation. The prosecution of pirates on the high seas contravenes the conventional freedom of the high seas. However, because of universal jurisdiction, action can be taken against pirates without objection from the flag state of the pirate vessel. This represents an exception to the principle extra territorium jus dicenti impune non paretur (the judgment of one who is exceeding his territorial jurisdiction may be disobeyed with impunity).[122]
[edit] International conventions
[edit] Articles 101 to 103 of UNCLOS
Articles 101 to 103 of the United Nations Convention on the Law of the Sea (UNCLOS) (1982) contain a definition of piracy iure gentium.[123] They read:This definition was formerly contained in articles 15 to 17 of the Convention on the High Seas signed at Geneva on 29 April 1958.[125] It was drafted[126] by the International Law Commission.[127]Article 101Definition of piracy
Piracy consists of any of the following acts:
- (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed—
- (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
- (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
- (b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
- (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).
Article 102Piracy by a warship, government ship or government aircraft whose crew has mutinied
The acts of piracy, as defined in article 101, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft.
Article 103Definition of a pirate ship or aircraft
A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.[124]
A limitation of article 101 above is that it confines piracy to the High Seas. As the majority of piratical acts occur within territorial waters, some pirates are able to go free as certain jurisdictions lack the resources to monitor their borders adequately.[citation needed]
[edit] IMB definition
The International Maritime Bureau (IMB) defines piracy as:- the act of boarding any vessel with an intent to commit theft or any other crime, and with an intent or capacity to use force in furtherance of that act.[128]
[edit] Uniformity in Maritime Piracy Law
Given the diverging definitions of piracy in international and municipal legal systems, some authors argue that greater uniformity in the law is required in order to strengthen anti-piracy legal instruments.[129][edit] In popular culture
Main articles: List of fictional pirates and Pirates in popular culture
Pirates are a frequent topic in fiction and are associated with certain stereotypical manners of speaking and dress, some of them wholly fictional: "nearly all our notions of their behavior come from the golden age of fictional piracy, which reached its zenith in 1881 with the appearance of Robert Louis Stevenson's Treasure Island."[130] Some inventions of pirate culture such as "walking the plank" were popularized by J. M. Barrie's novel, Peter Pan, where Captain Hook's pirates helped define the fictional pirate archetype.[131] A West Country native where many famous English pirates such as Blackbeard and Calico Jack hailed from, Robert Newton's portrayal of Long John Silver in Disney's 1950 film adaptation of Treasure Island also helped define the modern rendition of a pirate, including the stereotypical West Country "pirate accent".[132] Other influences include Sinbad the Sailor, and the recent Pirates of the Caribbean films have helped kindle modern interest in piracy and have performed well at the box office. More recently the 2011 season from Japanese series Super Sentai, Kaizoku Sentai Gokaiger has as theme pirates, but not as a stereotype, but as adventurers seeking treasure and defend others selflessly.The classic Gilbert and Sullivan operetta The Pirates of Penzance focuses on The Pirate King and his hopeless band of pirates on the South coast of England. The Pirate King is often believed to be inspiration for Jack Sparrow.
Many sports teams use "pirate" or a related term such as "raider" or "buccaneer" as their nickname, basing their gimmick around the popular stereotypes of pirates, as well as to give them an "intimidating" image. The Pittsburgh Pirates, a Major League Baseball team in Pittsburgh, Pennsylvania, are perhaps the most well-known, and actually got their nickname in 1891 after being accused of "piratical" actions by another team after they signed a player from the accusing team. The Oakland Raiders and Tampa Bay Buccaneers, both of whom play in the National Football League, also use pirate-related nicknames.
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