215
There are about
Seven peruene were arrested and tried before the
upreme Court of Hongkong on a charge of piracy and condemned
to death.
3. It has been assumed, in connexion with this case
that it was one of piracy. Whatever may be the municipal
law of different states in regard to this crime, mocording
to international law, the action of the baudits on board
the "Irone" did not constitute piracy. The sesanae of this
international orime lies in its danger to the security of
life and property on the high seas, in the pirate's soour...
ing the ocean and attacking merchant ships of any and every
nation without discrimination, in the miris and intention of
universal hostility. It is this consideration which has
caused the pirate to be regarded as hestis humani generis
and to be amenable to the jurisdiction of any state
whose vessels can capture him. This definition of the
arime of piracy according to the law of nations is not
enly supported by eminent jurists but has also been author-
itatively stated by the Committee of Lxperts of the League
of Nations for the Progressive Codification of International
Law so recently as 7ebruary 1926, and communicated to the
members of the League, including, of coures, Great Britain.
such being the law, its application to the osse
of the "Irene" prosents no difficulties, The Bandits who
seized the ship and plundered the passengers might perhaps
be considered as pirates according to the law of England
or other states, but they were not pirates according to
international law, since they limited their activites
to her alone and did not molest other ships which were
encounte.
As to the ship she was herself a victim and
was not a menace to shipping on the high seas. Thus she
WAB