Piracy

Piracy continues to be one of the rare maritime crimes subject to universal jurisdiction. Defined by customary laws and reflected in treaties, piracy involves unlawful acts of violence or theft committed for private gain on the high seas or beyond national borders. This chapter explains the key elements of piracy, including the necessity of two ships, acts of violence, private objectives and geographic scope. It also discusses related offences like incitement and voluntary participation. The review covers the historical development of piracy, its legal codification and its recent resurgence in areas like the Gulf of Aden and the Gulf of Guinea. Although the legal framework permits any state to prosecute, practical issues such as evidence collection, diplomatic sensitivities and enforcement limitations pose significant challenges. The chapter emphasizes the tension between the broad scope of jurisdiction and the difficulties of enforcement.