6 thoughts on “The Pirate’s Conventions”

  1. The Pirate gets 2 lawyers because either the
    Public Defenders service decided he needed one,
    or, an interested party is providing a legal consultant.
    Quite possibly the Somali community is providing
    an attorney with some knowledge of Somali law,
    custom, documentation, practices, etc…

    There is an immediate question how old the Defendant is.
    If he can provide evidence he is under 18 he can’t be tried
    in federal court.

    The current body of law on Piracy is set by the
    Law of the Sea convention, but the 1958 convention
    still stands. It’s good to see people citing international
    treaties as the basis for legal efforts. The last 8 years have completely ignored any international treaties.

    As for the geneva convention, it’s not going to apply because the Pirate is now in the custody of Federal Admiralty court, and being tried for crimes on the high seas. If he’s dismissed from court, and returned to the navy, then, perhaps the GC applies as a imprisoned civilian, while we maintain a state of hostilities against somalia, but, i’m sure he’s better off in federal court then rotting in some naval brig.

  2. jack lee – The real alternative ought to be not rotting in some naval brig, but rotting at the bottom of the Indian Ocean having been hanged from the yardarm – as anyone catching a pirate is perfectly entitled to do.

    Or possibly being in a similar state, having been returned to the pirate’s vessel just before it is sunk by gunfire with all hands. The latter solution also has the advantage of depriving other would-be pirates of a ship to work with.

  3. “The current body of law on Piracy is set by the
    Law of the Sea convention”

    Since it hasn’t been ratified by the U.S., I’m not sure how this applies in this case, other than in the hopes of others.

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