It’s nice when a court agrees with you, or comes to the same conclusion at least. In a previous post on US v Ali (here) a spirited debate broke out in the comments as to whether Article 110(c) of UNCLOS on intentionally facilitating piracy was restricted to the high seas or could apply on dry land. (credit for image, Flag of Edward England) We now have an appeal decision holding the defendant in US v Ali can be charged with aiding and abetting piracy on the basis of acts committed within Somali territory without this being contrary to international law. There is a potential wrinkle here, in that the logic appears to be that the US law on aiding and abetting piracy (i.e. as an accessory) can extend to acts ashore as international law allows States criminal jurisdiction over such acts as piracy (i.e., commission of the offence in Art. 110(c) means you have committed piracy as a principal). Thus Art. 110(c) creates a form…
Piracy
Page 2 of 4
Political Motivation and Piracy: What History Doesn’t Teach Us About Law
I’ve been meaning to write for some time on the debate caused earlier this year by the ninth circuit of the US Federal Court decision in Institute of Cetacean Research v Sea Shepherd. Somewhat controversially it held that political protesters, if they crossed the line into violent protest, could commit piracy. The point is controversial because piracy…
More Great Piracy Facts in U.S. Courts: Private Ends Edition
Jon Bellish is a Project Officer at the Oceans Beyond Piracy project just outside Denver, Colorado, though the views expressed are solely those of the author. You can follow him on Twitter. On Monday, the Ninth Circuit issued an opinion reversing the lower court and enjoining the Sea Shepherds of Whale Wars fame from…
A Report on the Possibility of Future Somali Piracy Prosecutions in Mauritius
Milena Sterio is Associate Professor at the Cleveland-Marshall College of Law. Much has been written about Somali piracy. Academics on this forum, as well as others, have debated the best options for the prosecution of suspected Somali pirates. Most pirates are detained by powerful navies…
Drug trafficking at sea: no longer a crime of universal jurisdiction before US Courts?
Once again, a new maritime drug smuggling case raises interesting questions of international law and its implications for national prosecutions. Back in 2010 I blogged on Medvedyev: a European Court of Human Rights case finding that an ad hoc agreement between France and Cambodia was an insufficient legal basis for France to prosecute drug smuggler.