Piracy, a Crime of Universal Jurisdiction: A Perspective into the History of United States Piracy Jurisprudence, its English Common Law Roots, and Relationship with the Law of Nations

Abstract

The crime of piracy has plagued local and international maritime trade for thousands of years. Throughout history, pirate predation on trade ships was so infamous and prevalent that it was — and still is — considered an international issue. And because of its international reach and effect on commerce, piracy is defined and discussed under the United Nation’s Convention on the Law of the Sea (“UNCLOS”). In the United States, the statutory definition of piracy under the federal criminal code differs from the UNCLOS definition. However — even though the United States is not a member of UNCLOS — federal court jurisprudence incorporates the UNCLOS definition into the federal statutes acknowledging international definitions. Because of the universal and longstanding notoriety of piracy, punishment has historically been, and continues to be harsh today even when compared to other international crimes. In larger nations, piracy is typically governed by admiralty courts. Over time, the demarcation line for admiralty and international jurisdiction has ebbed and flowed due to the global expansion of trade. Today, prosecution of piracy falls under a universal jurisdiction among all nations which means that, generally, any nation can prosecute pirates. Piracy as a criminal act often employs the use of other common law crimes such as larceny, robbery, and murder. And although these crimes usually fall under the purview of U.S. State law, Congress is explicitly granted power over piracy through the U.S. Constitution. After the Golden Age of Piracy during European colonization, piracy entered a denouement. However, there had been a resurgence in global concern and prosecution of piracy with the prolific attacks by pirates along the coast of Somalia over the past two decades.