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normally possess. They therefore exercise jurisdiction in
respect of piracy jure gentium, wherever committed, over all
persons irrespective of nationality. This jurisdiction, how-
ever, is not exercised in the case of other offences, created
by Statute, which may be akin to piracy jure gentium.
་་
for
The Admiralty were recently advised that an indict-
ment under section 1 of 12 and 13 Vict. c 96, would probably have succeeded; but we did not agree with this since we thought it
must be assumed that the jurisdiction of a British Court to try
offences thereunder is" municipal", except in so far as the offence
charged is jure gentium and consequently justiciable anywhere;
and the Admiralty's suggestion involved the proposition
which no authority could be found that a conspiracy to act
piratically was an offence jure gentium. The Statute could
give no jurisdiction to British Courts to try foreigners commit-
ting offences (not clothed with the characteristics given to
piracy jure gentium by the comity of nations) against its pro-
visions outside territorial waters; only nationals would, so far
as areas outside the territorial limits of the Court's jurisdic-
tion are concerned, be within its ambit.
It seems clear that similar considerations would
apply to offences committed in contravention of the provisions
of 7 will. 4 and 1 vict. c.88 (an Act to amend certain Acts
relating to the crime of piracy); and I am afraid, therefore, that