definition. These cases are worth noticing, although
their authority in the presont connexion appears
to be doubt ful. in Republic of Bolivia v. Indemnity
Mutual Marine Insurance (supra note 6), Fickford J
(at p.791) expressly approved and quoted the
definition of piracy jure gentium given in Hall's
International Law to the effect that
·
"Primarily the pirate is a man who satisfies "his personal greed or his personal vengeance "by robbery or murder in places beyond the "jurisdiction of a State"
This statement was approved by the court of appenl
in the same case (12) The authority of this case in
the present connexion seeme doubtful however for
various reasons :
(1) while murier per se without robbery was
apparently regarded as pirɛoy, nothing was said about a mere atte t at robbery or murder.
(11) It is doubtful whether, even in international
law, Hall's definition is correct, i.e. whether murder per se (unaccompanied even by the intention to rob or plunder), or acta committed from motives of mere private vengeance can definitely be regarded as constituting piracy jure gentium aa to this see below paragraphs 13 and 14.
(iii) A seizure of the vessel had in fact taken
place, and the court's mind was not really directed to the question whether an attempt would constitute piracy. The court had to decide quite a difference point namely whether the unauthorized seizure of a vessel not by private persons, but by the authorities of a state constituted piracy within the mean- ing of the risks clause of a policy of marine
insurance ....
68
12. See per Vaughan Williams L.J. at p.796.
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