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Prosecuting Maritime Piracy
This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.
Prosecuting Pirates
For nearly fifty years, beginning in the 1680s, the English government waged a costly war to rid the seas of pirates. While the eventual success of Britain’s imperial campaign to combat piracy lay in a multi-pronged approach, the heart of the offensive was Parliamentary legislation, which created a series of Vice-Admiralty Courts in the colonies facilitating an aggressive prosecutorial policy. My research examines why colonial English piracy trials from 1701-1726 were so inconsistent and why they frequently deviated from English law and established precedent. I contend these variations in courtroom procedures were caused by four interrelated factors: various conceptualizations of the crime of piracy, different piracy statutes requiring the use of largely incompatible legal procedures, the evolving nature of piracy itself, and the constant pressure from imperial officials to secure a high rate of convictions for those accused.
Piracy and Maritime Crime: Historical and Modern Case Studies
Piracy is a basic and fundamental concern for all navies. From almost the beginning of state-sponsored navies, piracy suppression has been one of their major responsibilities -- when Julius Caesar was captured by pirates in 76 BCE, the first thing he did after paying the pirates' ransom and being released was to fit "out a squadron of ships to take his revenge." Despite piracy's importance and the continued frequency of piratical attacks, however, relatively few scholarly works have been written analyzing cases of modern piracy and piracy suppression in terms of varying strategic, policy, and operational decisions. This edited collection of case studies attempts to fill this gap. There have ...
Prosecuting Juvenile Piracy Suspects
Duncan Gaswaga, a former judge of the Seychelles Supreme Court who has presided over numerous piracy trials, asked the following question: "What is a judge to do when a bearded piracy suspect facing justice asserts that he is fourteen?" This book addresses this important question by focusing on the treatment of juvenile piracy suspects under international law within national prosecutorial regimes. Beginning with the modern-day Somali piracy model, and exploring the reasons for piracy organizers and financiers to have employed Somali youth as pirates, author Milena Sterio analyzes the relevant international legal framework applicable to the treatment of juvenile criminal suspects, such as int...
The Politics of Piracy
The seventeenth-century war on piracy is remembered as a triumph for the English state and her Atlantic colonies. Yet it was piracy and illicit trade that drove a wedge between them, imperiling the American enterprise and bringing the colonies to the verge of rebellion. In The Politics of Piracy, competing criminalities become a lens to examine England's legal relationship with America. In contrast to the rough, unlettered stereotypes associated with them, pirates and illicit traders moved easily in colonial society, attaining respectability and even political office. The goods they provided became a cornerstone of colonial trade, transforming port cities from barren outposts into rich and e...
The Trials of Five Persons for Piracy, Felony and Robbery, who Were Found Guilty and Condemned, at a Court of Admiralty for the Trial of Piracies, Felonies and Robberies, Committed on the High Seas
The 18th century was a wealth of knowledge, exploration and rapidly growing technology and expanding record-keeping made possible by advances in the printing press. In its determination to preserve the century of revolution, Gale initiated a revolution of its own: digitization of epic proportions to preserve these invaluable works in the largest archive of its kind. Now for the first time these high-quality digital copies of original 18th century manuscripts are available in print, making them highly accessible to libraries, undergraduate students, and independent scholars. This collection reveals the history of English common law and Empire law in a vastly changing world of British expansio...
The Confederacy on Trial
"Hazards and costs to other persons are of no concern to the lawyer, who must not regard alarm, the torments, the destruction which he may bring others. ... He must go on reckless of the consequences, though it may be his unhappy fate to involve his country in the confusion.--Lord Brougham"--P. [v].
Piracy and the Origins of Universal Jurisdiction
In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.
