And a ship which forces another ship, by threatening to sink her if she should refuse, to deliver up her cargo or a person on board, comɛits piracy just as much as the ship which attacks another vessel, kills her orex and thereby gets hold of her cargo or a person on board.
The act of violent need not be consummated: mere attempt such as attacking or even chasing a vessel for the purpose of attack, by itself comprises piracy".
15. In conclusion, there are a number of other con-
troversial points, besides those noticed above, connected
with piracy jure gentium, of which mention must be made.
(1) According to some writers the offence of piracy jure
gentium can only be committed on the high seas; according to
others it oma be committed on land or within territorial waters
by persona descending from the open sea (27). Whatever the
true position may be, any legislation should, in the opinion
of the writer, be confined to mots committed on the high seas
(or, in so far as not already covered by existing legislation,
in British territory, ships or waters).
(E) It is generally admitted that piracy may be committed
against a public as well as a private vessel, but it is
disputed whether it can be committed not only by a private
vessel but also by a public one (28) #hatever the true
answer it seems desirable that any legislation should be
confined to piratical aote committed by private vessels and
should not extend to nots committed by persons or vessels
acting under the authority of a state or of insurgents
whose...
27. Contrast for instance Oppenheim Op. cit. p.504.
8.277, and Hall, Op. cit. p.313.
28. Contrast again Oppenheim, p.501, 8.273, with Hall
p.314 and Fauorille, loc. cit. p. 86.
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