Definition of Piracy
According to traditional international law, avigation in the high seas with the object of committing violent acts against other persons and property for private interests and without being authorised or permitted by any State, is called ‘piracy’. Different jurists have given different definitions of the term ‘piracy’. But as remarked by Story, J., in United States V. Smith, (1820), whatever may be diversity of definitions in other respects, all writers concure in holding that robbery or forcible depredations upon the sea animo furandi, is piracy.
The law relating to piracy was codified in the Geneva Convention on High Seas, 1958. According to the Article of Convention, piracy consists of any of the following acts-
(a) Any illegal acts of violence, detention or any act of depredation committed for private ends by the crew or the passengers if 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 sub-paragraph (a) or sub-paragraph (b) of this article.
Essentials of Piracy
Following are the essentials of piracy-
(i) Violence of robbery at high seas must be for private ends. Such acts committed by worships, Government ships or aircraft cannot be called ‘piracy’.
(ii) Illegal acts of violence, detention or any act of depredation committed for private ends must be the crew or passengers of a private ship or a private aircraft.
(iii) Illegal acts of violence, detention or any act of depradation may be either on the high seas or in a place outside the jurisdiction of any State.
(iv) Such acts must be directed against a ship, aircraft, persons or property.
(v) Violence, detention or any act of depradation may constitute piracy provided that above elements are satisfied.
(vi) Committing of actual robbery is not essential for piracy. Even an unsuccessful attempt to commit robbery at high seas will constitute piracy. This was held in Re Piracy Jure Gentium (1934).
(vii) Any act of voluntary participation in the operation of a ship or an aircraft with knowledge of facts making it a private ship or aircraft will constitute piracy.
(viii) Any act of inciting or of intentionally facilitating any illegal act described above will also constitute piracy.
Concept of Universal Jurisdiction in Respect of the Crime of Piracy-
By Universal jurisdiction in respect of a crime, it is generally meant that all States exercise jurisdiction in respect of that crime. When a crime is against the interests of international community (i.e., Delict Jure Gentium) then all the States are entitled to apprehend and punish persons accused of such crimes. The principle to universal jurisdiction applies in respect of the crime of piracy, war crimes, and to some extent the crime of aircraft hijacking. Persons accused of committing the crime of piracy may be apprehended and punished because they are regarded as enemies of the whole mankind. In the words of Judge Moore, “A pirate is treated as an outlaw, as the enemy of mankind- hostes humane generis-whom any nation may in the interest of all capture and punish”.
