CO129-508-4 Cases of attacks by pirates 6-11-1927 - 23-11-1928 — Page 216

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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