![]() ![]() §2280 codifies the United States’ obligations under the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (“SUA Convention”), which authorizes any signatory State to extradite or prosecute offenders, regardless of where the offender’s acts occurred.” 7 In Lei Shi, a three judge panel of the U.S. §2280, which proscribes certain acts of violence that endanger maritime navigation. charged the defendant with “several violations of 18 U.S.C. 5 Of particular interest is a recent successful piracy prosecution that took place offshore the Hawaiian Islands in 2008. has exercised criminal jurisdiction over extraterritorial crimes in a number of cases. §1201), and/or interfering with commerce by threats or violence (18 U.S.C. §2332b et seq.), violence against maritime navigation (18 U.S.C. Pirates are also subject to prosecution for acts of terrorism (18 U.S.C. 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. ![]() Under the law of nations, piracy generally is defined as an “offence against the universal law of society.” 4 Pirates can be prosecuted under 18 U.S.C. Constitution, Article I, Section 8, Clause 10 expressly authorizes Congress to “define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.” Congress codified its constitutional authority to “extradite or prosecute” offenders in Title 18 of the United States Code (“U.S.C.”). Universal jurisdiction permits a “State to claim jurisdiction over an offender even if the offender’s act occurred outside its boundaries and even if the offender has no connection to the State.” 3 The legal basis for fighting piracy is a concept generally referred to as universal jurisdiction and is a well established pillar of customary international law. Muse’s trial is scheduled to begin in January 2010. ![]() 2 The prosecution of Muse is likely to establish a benchmark for how the U.S. The name of the fourth pirate is Aduwa Abdukhadir Muse (“Muse”). Navy and was later brought to New York to face charges. The fourth pirate was immediately taken into custody by the U.S. flag vessels are involved in a piracy incident.Īt the time of the shooting, the fourth pirate was aboard the USS Bainbridge attempting to negotiate a ransom for Captain Phillips. government will respond when its citizens or U.S. The shooting of the three pirates is indicative itself of how the U.S. The three pirates had Captain Richard Phillips of the Maersk Alabama in custody and were shot at a moment when it appeared that Captain Phillips was in imminent danger of being killed. The event ended relatively quickly-but dramatically-on April 12, 2009, when three of the pirates were shot and killed by U.S. flag ships with American citizens was attacked. had not focused on pirate attacks internationally until one if its own U.S. perspective is that it was the first pirate seizure of an American flag ship since the early 1800s, and the U.S. The reason it was of such importance from a U.S. The vessel was captured by four Somali pirates on April 8, 2009. The Maersk Alabama highjacking was an unquestionably defining event-particularly in the United States-in combating the epidemic of piracy that has taken root in the Gulf of Aden in 2008-2009 despite the international task force providing convoy protection to vessels transiting the area.
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