Piracy: A Crime Without Borders

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When one hears the word ‘pirate,’ images of swashbuckling adventurers, eye patches, and wooden legs often come to mind. It is tempting therefore to think of piracy as a relic of the past. However, whilst modern pirates do not wield cutlasses or hoist the Jolly Roger, they still hijack commercial ships, take hostages, and demand ransoms worth millions.

The sanctity of property and the condemnation of theft have been enshrined in religious and moral traditions for centuries. In Islam, for instance, theft and unlawful appropriation of property is strictly forbidden, with the Qur’an explicitly stating: “And do not devour your wealth among yourselves through falsehood.” [1] Similarly, in the Old Testament, the Eighth Commandment explicitly declares: “Thou shalt not steal” [2] reinforcing this principle that taking another’s property is a fundamental wrongdoing.

Eastern traditions also echo these principles. In Hinduism, theft is classed as one of the four unforgivable sins, with the Manusmriti prescribing that “if a chief of twice-born men intentionally commits theft of grains, cooked food and wealth, from the house of a caste-fellow,” [3] he must undergo a penance for one year to purify himself. This ethical backbone is reinforced by the law.

In legal terms, pirates have long been regarded as hostis humani generis, enemies of all mankind, and piracy is recognised as a grave international crime. The legal framework for defining piracy can be found primarily in two key treaties:

The Convention on the High Seas [4]

This was the first international treaty to offer a detailed definition of piracy. Article 15 defines piracy as: ‘Any illegal acts of violence, detention or any act of depredation, committed for private ends’, [5] which is directed ‘against another ship or aircraft, or against persons or property on board such ship or aircraft. Critically, the treaty limits its jurisdiction to ‘the high seas’[6] and seas ‘outside the jurisdiction of any State’.

The United Nations Convention on the Law of the Sea [7]

Building upon the foundations of the 1958 convention, UNCLOS imposes an obligation on all states to cooperate in the suppression of piracy, [8] while giving countries the right to capture pirate ships and prosecute those onboard under their own national laws.[9] Another key distinction in UNCLOS is its recognition of acts of piracy committed by ships whose crews have mutinied,[10] ensuring that even state vessels engaged in piracy are not exempt from prosecution.

Piracy in Outer Space: The Next Frontier?

While piracy has traditionally been confined to the seas, perhaps similar challenges could arise in outer space. The popular sci-fi film, The Martian, humorously touches on this issue when Mark Wahlberg refers to himself as a ‘space pirate’. His reasoning being that Mars falls outside the jurisdiction of any country, and under maritime law, his unauthorised commandeering of the Ares IV lander would technically constitute piracy.

Although his logic is entertaining, the Outer Space Treaty [11] establishes that nations retain jurisdiction over their spacecraft, even after landing on other celestial bodies. Hence, Wahlberg’s charge would likely be theft, rather than piracy. However, unlike maritime law, no clear legal framework exists for defining or prosecuting crimes in deep space, leaving a legal vacuum should piracy or similar acts ever become a reality.

As commercial spaceflight and asteroid mining become increasingly feasible, what happens if a private spacecraft hijacks another? Could rogue actors exploit ungoverned space for financial gain, perhaps like pirates on Earth? Whilst Hollywood might relish the idea of intergalactic smugglers and rogue asteroid raiders, space lawyers (yes, they exist) may need to grapple with these questions in the future. Until then, piracy remains firmly an Earth-bound problem.

About the author: Malik Fraz Ahmad is a final-year law student at Durham University, originally from Bradford. He maintains a keen interest in matters of public law, U.K. constitutional law and international human rights.

Endnotes

[1] Holy Quran 2:189

[2] Exodus 20:15

[3] Manusmriti Verse 11.162

[4] Convention on the High Seas (adopted 29 April 1958, entered into force 30 September 1962) 450 UNTS 11.

[5] Ibid, Article 15(1)

[6] Ibid, Article 15(1)(a)(b)

[7] United Nations Convention on the Law of the Sea (adopted 10 December 1982, entered into force 16 November 1994) 1833 UNTS 3.

[8] Ibid, Article 100

[9] Ibid, Article 105

[10] Ibid, Article 102.

[11] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (adopted 19 December 1966, entered into force 10 October 1967) 610 UNTS 205 (Outer Space Treaty).