Pirate

:This article is about sea pirates. For other uses see Pirate (disambiguation)

Piracy in international law

Effects on international boundaries

In the Straits of Malacca, during the 18th Century, the British and the Dutch controlled both sides of the Straits of Malacca. Some pirates carried on activities similar to armed rebellion with the aim of resisting the colonizers. In order to put a stop to this, the British and the Dutch drew a line separating the Straits into two sides. The agreement was that each party would be responsible for piracy in their respective area. Eventually this line became the separating line between Malaysia and Indonesia in the Straits.

Related Topics:
Straits of Malacca - 18th Century - British - Dutch - Malaysia - Indonesia

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International law

Piracy is of note in international law as it is commonly held to represent the earliest invocation of the concept of universal jurisdiction. The crime of piracy is considered jus cogens, a conventional peremptory international norm from which states may not derogate. Those committing thefts on the high seas, inhibiting trade, and endangering maritime communication were considered by sovereign states to be hostes humani generis (enemies of humanity).

Related Topics:
International law - Universal jurisdiction - Jus cogens - High seas - Trade - Humanity

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Since piracy often takes place outside the territorial waters of any state, the prosecution of pirates by sovereign states represents a complex legal situation. To prosecute pirates on the high seas, states must derogate from the conventional freedom of the high seas, and violate the principle extra territorium jus dicenti impune non paretur, that being: the judgment of one who is exceeding his territorial jurisdiction is disobeyed with impunity. However, as jus cogens, jurisdiction can typically be exercised against pirates without objection from the flag state of the pirate vessel.

Related Topics:
Territorial waters - Jus cogens

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