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For the purpose of answering such question we
think the opinions of the leading writers on International
Law are entitled to rank with more authority than was
allowed in Reg. v. Keyn when the application of municipal
law was involved: or in Republic of Bolivia v. Indemnity
Mutual (1909 1 K.B. 785) where the question was one of
the construction of a policy of insurance (see pages
790 and 802 ibia).
While there is no absolute consensus on the
subject, it seems to us that modern opinion supports
the contention that attempted or unsuccessful attack or
attempt to rob at sea amounts to piracy 'jure gentium'.
Thus Hall at page 314 of his work on International Law
8th Edition says
piracy may be said to consist in
11
...
acts of violence done upon the ocean
by a body of men
acting independently of any politically organised society",
and among "acts which are recognised or alleged to be
piratical" the writer includes "robbery or attempt at
robbery of a vessel by force or intimidation, either by
way of attack from without or by way of revolt of the
crew and conversion of the vessel and cargo to their own
use". Phillimore's International Law 2nd Edition Vol. 1
page 411 contains the passage "piracy is an assault upon
vessels navigated on the high seas, committed animo
furandi whether the robbery or forcible de predation be
effected or not, and whether or not it be accompanied
by murder or personal injury".
Oppenheim 4th Edition
Vol. 1 500 is to a similar effect while Lord Birkenhead
5th Edition pages 139 140 goes further in stating that
an 'animus furandi' is not essential and robbery is not
On the other
necessarily an ingredient in the offence.
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