Today, when a tall-masted ship appears on the horizon, it is not uncommon for a well-meaning parent to point and say, ‘Oh, look! There goes a pirate ship.’
This
misconception shows little regard for the unfortunate victims who have suffered
from pirate attack in the past and for those who will suffer in the future.
Whether
you refer to today’s pirates as hijackers or terrorists, it matters little, the
acts of boarding and seizing a ship, of extortion, murder, sabotage at sea and
shipwrecking, constitute piracy under customary international law.
History of
Piracy
The
recorded history of piracy stretches back for millennia. In ancient Roman
times, pirates were regarded as renegades waging their own private war against both individuals and nations. Motivated by their own needs, they showed no allegiance
to any flag.
Pirates
were active in the Mediterranean in the 12th century. When returning
from the Crusades in the Holy Land, King Richard’s ship was blown off course
and became separated from the rest of the fleet. Before being shipwrecked on
the shores of the Adriatic Sea, his ship was set upon by pirates. The pirates of the Barbary Coast preyed on shipping not only in the Mediterranean Sea and on the west coast of Africa but reputedly, they sailed as far north as Iceland.
Following
the Declaration of Independence in 1776, the United States entered into peace
treaties with the Barbary States paying dearly for protection from attack. In
1800 ransom and tribute amounted to 20% of the US government’s annual
expenditure.
Also during the 17th and 18th centuries there were almost 1,000 pirates located at Île Sainte-Marie in Madagascar. From this convenient location, pirates laid in wait for ships returning from the East Indies laden with cargoes of exotic goods.
By
the end of the century, Britain’s commercial trade and its growing maritime
economy was being damaged by seafaring raiders.
From 1698,
with the passing of the Piracy Act, pirates were no longer shipped to Britain
for trial, but could be tried and judged in any place at sea, or on land by a
hastily convened court-martial or admiralty court. In extreme
circumstances, a ‘drumhead court-martial’ was convened by the officers of the
capturing ship. Those found guilty were immediately hung from the ship’s yard-arm.
Following
the introduction of the Act, about 600 of the 6000 pirates operating in the
Caribbean were executed.
According
to mare librum – the sea is common
property. It belongs to all humanity and all ships have the right of sail over
it. As such, its perils are shared in by mariners of all nations. The Law of
the Sea is an umbrella of amity and reciprocity among seafarers. In the event
of a ship being in distress, it is the obligation of ships of any nation to
render assistance.
Because piracy is regarded as a crime against all nations,
the perpetrators hold the peculiar status of being hostis humani generis, the enemies of humanity. The term
"hostis humani generis" has been expanded to include slavers, who, by
trafficking in human flesh upon the high seas, are regarded as being enemies of
mankind.
Privateering,
on the other hand, is not considered piracy but licenced warfare sanctioned by
a letter of marque, against a particular national enemy. Under the condition of
the agreement, privateers were permitted to legally seize enemy ships without committing
a crime against international law. Over the centuries, a fine line has often
existed separating privateers from pirates.
Punishments for piracy
In the
medieval period, English admiralty courts sentenced pirates to be drawn and
quartered. During the 17th and 18th centuries, once pirates were caught,
justice was meted out in a summary fashion, and many ended their lives by
"dancing the hempen jig". Public execution attracted huge crowds and
were seen as a popular, albeit sadistic, form of entertainment.
Execution Dock, on the bank of the Thames, was a popular venue. As in the case of William "Captain" Kidd, after being hung, the body was
enclosed in an iron cage and left dangling in a prominent
position to rot. It served to remind others of the penalty for piracy.
While the
age-old law of the sea and admiralty laws were directed against pirates and
their activities, the pirates themselves followed their own code and meted out justice
for disloyalty, treachery and other minor misdemeanours aboard their own ship.
The punishments suffered were often more brutal than the justice handed down by
the courts. Keelhauling or abandonment on an inhospitable island were two options.
Pirates' Loot –
past and present
From
fiction stories, such as Stevenson’s Treasure
Island, the images of pirates stealing hordes of treasure in the form of plate
or gold coins and burying it on an island is largely a myth. Though plundered ships
carried valuable treasure, pirates were unlikely to bury it but would use it to
barter for more practical goods. Also, because they were feared and outlawed, pirate
ships were not welcome in major ports, victualling yards and naval dockyards or
at chandler’s stores. As such, they had to steal the goods they required both to
satisfy their daily needs and to keep their ships seaworthy. Their loot,
therefore often comprised of basic food, water, alcohol and weapons. They also stole
personal necessities like soap and clothing, and ship’s gear like rope, spars
and anchors.”
Modern-day pirates
According to International
Maritime Bureau the waters around Indonesia continue
to be the world’s most dangerous, with 19 pirate attacks in the first three
months of 2010. Strait of Malacca is most heavily trafficked strait in the world and is a
popular stretch of water that gangs of pirates target. In 2010, two ships
carrying United Nations food aid to Aceh, the Indonesian area still suffering
the ill-effects of the December 2004 tsunami, were attacked.
Being armed
and dangerous, the demands of modern pirates are not limited to stealing the
large cash amounts carried by ships to pay for expensive port fees. Sometimes
their demands involve extortion, murder and sabotage, including the taking of hostages.
Today’s many
instances of pirate attack are reported from Somalia, the Malacca Strait, the Gulf
of Aden, the Red Sea, India, Bangladesh, the Singapore Strait, the Ivory Coast,
and from the Niger Delta and Peru.
To a
lesser extent, there are the questionable activities of such groups as the Sea Shepherd
Conservation Society. Funded by public donations, the ships of this
environmental group blatantly sail under a black flag today with an image
resembling the iconic skull and crossbones.
The society
professes to be to be against marine poaching and overfishing and claims to be saving
the maritime environment, yet its tactic are tantamount to piracy. By
deliberately ramming other ships, putting lives at risk and on two occasions
boarding a Japanese whaling vessel, Sea
Shepherd’s actions have resulted in it being accused of piracy and
terrorism.
Finally,
an event that will always stay in my mind is one of the most tragic, gutless
and unforgettable acts of modern day piracy. It occurred in 1985 when the
cruise liner Achille Lauro in 1985
fell into the hands of member of the Palestine Liberation Front. Not only was
the ship seized at gunpoint, and demands made, but a wheelchair-bound tourist
was shot and his body thrown overboard. This was certainly not a Yo-ho-ho! situation.
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The Unfortunate Isles is available as an e-book from Amazon US (http://goo.gl/HjSglt) and UK (http://goo.gl/8jTLz2).
Refs: Wikipedia
Pics:
Pirates
of the Caribbean – Johnny Depp, Captain
Kidd at Execution Dock, the Sea Shepherd and its flag, and the Achille Lauro at Capetown Photograph:
© Errol Cornish.
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