Professor Bainbridge...on law, politics, religion, culture & food

The Royal Navy died in 2007, when its sailors surrendered without a fight to an Iranian vessel, then proceeded to thank their captors for treating them so nicely. The purpose of the cruise line posing as the modern “Royal Navy” is to spread pacifist ideals by sailing to dangerous waters and doing nothing.

I thought the Royal Navy sank pirate ships?  This isn’t Captain Jack Sparrow we are talking about. 

Here’s a good way to deal with thugs on the high seas--just sink them.

I don’t think unresisting pirates should be sunk out of hand, but surely there’s no shortage of precedent for arresting and trying them for crimes on the high seas?
I mean, if there’s any part of international law that’s settled, isn’t it piracy?

This post is not so much an argument against the application of the rule of law in wartime.  It’s really just an argument against stupidity.

The Royal Navy is not in a state of war against the Pirates.  Piracy is a criminal act that all states may punish under universal jurisdiction.  And I hardly think that the situation in which the Royal Navy operates would forbid humane treatment of the pirates once they’re captured, and while they’re being transported back to the U.K. to stand trial.  (What’s the alternative—that the Rule of Law should not apply, and the pirates should be open to torture, rape, and summary execution?)

Historically, under international law, pirates, like spies, could be summarily executed on the high seas, provided the ship wasn’t en route to somewhere where the courts might be available. 

“A Piracy attempted on the Ocean, if the Pirates are overcome, the Takers may immediately inflict a Punishment by hanging them up at the Main-yard End; though this is understood where no legal judgement may be obtained; And hence it is, that if a Ship shall be on a Voyage to any Part of America, or the Plantations there, or a Discovery of the Parts; and in her Way is attacked by a Pirate, but in the attempt the Pirate is overcome, the Pirates may forthwith be executed without any Solemnity of Condemnation, by the Marine Law.” G. Jacob, A New Law Dictionary.

The law concerning piracy has been modernized somewhat.  Pirates can be taken and tried by any country.  In theory, there would be nothing stopping the Brits from capturing the pirates, taking them to British territory, trying and sentencing them there (Diego Garcia, say).  They certainly do not have to turn them over to Somalia.