Piracy Under International Law
The legal definition of piracy, universal jurisdiction, and modern anti-piracy operations.
The Original International Crime
Piracy is one of the oldest crimes under international law. Pirates were historically considered hostis humani generis, enemies of all mankind, and any state could capture and prosecute them regardless of nationality. This principle of universal jurisdiction for piracy predates modern international law and influenced the later development of universal jurisdiction for genocide, war crimes, and torture.
UNCLOS Article 101 defines piracy as illegal acts of violence, detention, or depredation committed for private ends by the crew of a private ship on the high seas against another ship or persons on board. Two elements are key: the act must be for 'private ends' (political violence at sea may not qualify) and must occur on the 'high seas' (acts within territorial waters are armed robbery, not piracy, under international law). Article 105 gives every state the right to seize a pirate ship and prosecute the pirates.
