Piracy and universal jurisdiction

Abstract

This article will examine the history of piracy jure gentium and the law as it currently stands, showing that piracy does not lie within the realm of universal jurisdiction or international criminal law. The history component will separate the rhetoric of ‘pirates’ and ‘piracy’ from the legal definition, a practice that is often lacking in considerations of piracy jure gentium. The examination of the current law will explore the codification of piracy in UNCLOS, particularly the articulation of jurisdiction in Article 105 as it compares to the universal jurisdiction afforded other jus cogens crimes. From this it will be clear that piracy is not a crime of universal jurisdiction based on the heinousness of the crime, as is the case with international crimes, but rather a crime of concurrent municipal jurisdiction based on the stateless nature of the crime.