The reason why this crime (piracy is taken out of the general classification of crimes and thus placed by itself is that the danger and alarm which it creates are common to all men. It is because pirate is dangerous to everybody that he bears a capat lupinum, may be seized by any body, and punished anywhere. and it is evident that, if the accepted definition of piracy includes offences which have not this character, it is too loose for its purpose. The extent of the danger ani alarm created by any class of violent acts depends primarily on the nature of the motive by which they ap ear to be inspired. Thus rob ery is more generally dangerous then revenge, because he who robe one man would probably rob another, whilst a person iesires to be revenged only on t ose whom he believes to have injured him; and robbery is dangerous generally, although the robber may not have formed the intention of committing more robberies than one. But a rebel is not dangerous to anybody except the government against which he is fighting and its adherents, arlere he makes, of the belligerent character which he assumes, a cloak for indiucriminate plunder.......
14. Provi'ed therefore both (a) that there is an
intention to proceed against the vessel herself by seizing or stopping her and further, (b) that the object of se doing is gain e.g. the appropriation of the vessel herself, or her tackle, or the plunder of her cargo, or
the robbery of the passengers or the kidnapping of one of
them for ransom (25) it would appear that the offence of
piracy in international law is constituted, inthe words
of Oppenheim (26)
"by any unauthorised set of violence, be it direct application of force or intimidation through m-naco. The crew or punsengers who for the purpose of converting a vossel and her goods to their own use, force the mater through intimidation to steer another course, commit piracy as wel' as those who murder the maater and steer the vessel themselves.
And....
25. (a) and (b) must clearly go together. If the crew were merely to thieve from the passengers but without any seizure or attempt at seizure or gai. ing control of the ship herself, it would be larcenes but not piracy.
26. Op. cit. p. 534.
80
No comments yet.
Private notes are available after approval.