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View Full Version : Pirates are enemies of mankind. discuss law for priates in detail. (1999) (2005)



vustudents
09-07-2012, 08:12 PM
1. Introduction:
Piracy is a crime under international law. the act of piracy is deemed as the enemy of mankind and pirates are enemy of the whole mankind. privacy is a sea term for robbery. an act of piracy may be committed only by private vessels or aircrafts. under international law piracy consists in sailing the seas for private ends without authorisation from the government of any state.
2. Definition:
General:
"It is every unathorised act of violence committed by a private vessel on open sea against another vessel for the sake of plundering."
Article 15 of the geneva convention:
Article 15 of the geneva convention defines the word piracy in the following words.
(a) Any illegal acts of violence or detention or nay act of deprivation committed for private ends by the crew or the passengers of a private ship or a private aricreafts and directed.
(i) On the high seas, against another ship or aricraft or against persons or property on board such sship or aircraft.
(ii) Against a ship, aircratf, persons or property in a place outside by jurisdiction of a state.
(b) Any act of voluntary participation in the operation of a ship or of an aircraft which knowledge of facts making it a private ship or aircraft.
(c) Any act of inciting or of intentionally facilitating an act described in sub-paragraph (a) or (b).
Case law definition:
United states vs Smith:
According to justice story.
" A forcible deprivation on high seas animo funandi, is piracy.
3. Essential ingerdient of piracy:
Following are essential ingredient of an act of piracy.
(i) It is done by persons sailing the high seas.
(ii) Without the authorisation of Govt.
(iii) A frustrated attempt to commit robbery is piracy.
(iv) It is committed by a private vessel against another private vessel or by the mutionous crew against their own vessel.
4. Jure gentium case 1934:
It was held that an unsuccessful, attempt to commit robbery on high seas amounts to piracy.
5. Object of piracy:
The object of piracy is any public or private vessel or the persons or the goods there on, whilst on the open sea is to make booty.
6. Jurisdiction according to the universal principle:
Piracy is an offence which comes under the jurisdiction of all states wherever it is committed. all states are entitled to apprehend and punish the offenders. the purpose of such jurisdiction is to ensure that no such offence goes unpunished. all states can arrest pirates on the high seas and to punish them irrespective of the place of the commission of crime.
7. Nature of offence:
Piracy is an offence against the entire world or humanity (hostis human generis) and all states have jurisdiction to try and punish Piratical act according to their municipal laws.
8. Municipal law and piracy:
The concept of crime regarding piracy in municipal law in various states are different from the concept of international law on piracy. some states in their national law declare crimes of those act which come under violence, detention or deprivation which are not crime under international law.
9. Conclusion:
To conclude it can be said that piracy is an international crime. the law on piracy has been codified in the Geneva convention of high seas 1958. every state has a right to arrest trial and punish the pirates. the vessel involved in the act of piracy may be seized. this offence is against the whole body of civilized states.