Tuesday 28 April 2009

Piracy - and the law of the sea.

The attack by pirates on the Italian cruise ship Melody had an unusual outcome. The pirates fired small arms and RPG's - and the Israeli security people on the ship returned fire. The pirates then hastily retreated.

Usually merchant shipping can only fight back with fire hoses, but the interesting thing is the power a sea captain has at his disposal because of the ancient laws that have never been repealed.

Centuries ago many voyages took years. A ship in international waters was subjected to no land based law, and consequently a ship's captain had the authority to conduct both marriages and burials.

Basically, the captain had all the powers of a land based king, juror and magistrate rolled into one - and that included the right to hang any pirate caught trying to seize his ship.

That law still stands. Had the Melody disabled an attacking boat and captured the pirates in international waters the captain would have been within his rights to hold a court hearing, sentence the offenders to death - and have them hung from whatever serves as a yardarm these days.

No doubt some civil liberties types would scream blue murder, but the way things are heading in that part of the Indian ocean we are likely to see more armed merchant ships - and one day an aggressive captain may reclaim his rights.

It should be remembered that a century or so ago, most commercial sailing ships carried the odd cannon for defence against pirates.

Perhaps life is coming full circle !

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