Piracy and the Law: Modern Piracy - part 2

Nor can a government commit an act of piracy. The deed may be done for financial purposes, but governments are not private citizens. One nation that seems to condone such acts is China. In 1994, uniformed men in boats bearing governmental markings seized the Alicia Star in international waters, alleging she was involved in smuggling. When the ship reached port, they confiscated the cargo and held the crew captive until the owners paid a steep fine. Two years later, patrol boats carrying members of the Somali military armed with automatic rifles stopped a tugboat also in international waters. They took the master and first officer as hostages, and stole $10,000 and some supplies. In 1999 members of the Somali Salvation Democratic Front used a speedboat to take four hostages from a yacht. They held the German tourists in a village until a $50,000 ransom was paid. Militiamen also seized an Italian fishing boat, demanding payment of a $500,000 fine before they released the ship and its crew of 33.

Before 1958, a nation's borders extended three nautical miles beyond its shoreline. Since then, that limit was extended a further nine miles. That means that if a crime occurs within that twelve-mile limitation, then legally it is NOT an act of piracy. Some countries, like the United States, have national laws against piracy or the crime may fall under a different classification such as murder, kidnapping, or robbery. Since most acts of piracy today occur within territorial waters rather than the high seas, the International Maritime Bureau (IMB) would like to see the legal definition of piracy broadened. The boarding of any ship, whether to steal or commit some other crime, and the actual or implied use of force by the perpetrators would constitute an act of piracy. The International Maritime Organization (IMO) also seeks to solve the jurisdictional problem by focusing on the danger to navigational safety rather than the location of the crime. The 1988 Rome Convention on the Suppression of Unlawful Acts against the Safety of Maritime Navigation prevents pirates from seeking sanctuary in countries whose judicial system is ill equipped to prosecute them and forces nations to institute laws against piracy. So far only 43 countries have ratified it.

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