Editing Piracy (section)

===International law===
{{main|International piracy law}}

====Effects on international boundaries====
During the 18th century, the British and the Dutch controlled opposite sides of the [[Straits of Malacca]]. The British and the Dutch drew a line separating the Straits into two halves. The agreement was that each party would be responsible for combating piracy in their respective half. Eventually this line became the border between Malaysia and Indonesia in the Straits.

====Law of nations====
[[File:Imoconfsom.jpg|thumb|[[International Maritime Organization]] (IMO) conference on capacity-building to counter piracy in the Indian Ocean]]
Piracy is of note in [[international law]] as it is commonly held to represent the earliest invocation of the concept of [[universal jurisdiction]]. The crime of piracy is considered a breach of {{lang|la|[[jus cogens]]}}, a conventional peremptory international norm that states must uphold. Those committing thefts on the high seas, inhibiting trade, and endangering maritime communication are considered by sovereign states to hold the status of {{lang|la|[[hostis humani generis]]}} (an enemy of humankind).<ref name=HK-2001>{{cite magazine|author-link=Henry Kissinger|last=Kissinger|first=Henry|url=http://www.foreignaffairs.org/20010701faessay4996/henry-a-kissinger/the-pitfalls-of-universal-jurisdiction.html|title=The Pitfalls of Universal Jurisdiction|magazine=[[Foreign Affairs]]|date=July–August 2001|url-status=dead|archive-url=https://web.archive.org/web/20090114024521/http://www.foreignaffairs.org/20010701faessay4996/henry-a-kissinger/the-pitfalls-of-universal-jurisdiction.html|archive-date=January 14, 2009}}</ref>

Because of universal jurisdiction, action can be taken against pirates without objection from the flag state of the pirate vessel. This represents an exception to the principle {{lang|la|[[extra territorium jus dicenti impune non paretur]]}} ("One who exercises jurisdiction out of his territory is disobeyed with impunity").<ref>''Black's Law Dictionary'', p. 528 (5th ed. 1979).</ref>

A [[Convention on Piracy]] was adopted by the [[League of Nations]] in 1932. To this day, the Harvard Draft adds to the debate of what constitutes piracy.<ref name=birnie87>{{Cite journal |last=Birnie |first=P.W. |date=July 1987 |title=Piracy Past, Present, Future |url=http://dx.doi.org/10.1016/0308-597x(87)90054-6 |journal=Marine Policy |volume=11 |issue=3 |pages=163–183 |doi=10.1016/0308-597x(87)90054-6 |bibcode=1987MarPo..11..163B |issn=0308-597X |via=Elsevier Science Direct}}</ref>

====International conventions====

====Articles 101 to 103 of UNCLOS====
[[File:Commodore Bob Mansergh at MAST.jpg|thumb|right|British [[Royal Navy]] [[Commodore (Royal Navy)|Commodore]] gives a presentation on piracy at the MAST 2008 conference]]
Articles 101 to 103 of the [[United Nations Convention on the Law of the Sea]] (UNCLOS) (1982) contain a definition of piracy ''[[iure gentium]]'' (i.e. according to international law).<ref name="Archbold Criminal Pleading 1999">[[Archbold Criminal Pleading, Evidence and Practice]]. 1999. Paragraph 25–39 at p. 1976.</ref> They read:

<blockquote>
<div style="font-variant:small-caps">Article 101</div>

''Definition of piracy''

Piracy consists of any of the following acts:
*(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed—
**(i) on the [[high seas]], against another ship or aircraft, or against persons or property on board such ship or aircraft;
**(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
*(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
*(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

<div style="font-variant:small-caps">Article 102</div>

''Piracy by a warship, government ship or government aircraft whose crew has mutinied''

The acts of piracy, as defined in article 101, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft.

<div style="font-variant:small-caps">Article 103</div>

''Definition of a pirate ship or aircraft''

A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.<ref>{{Cite web|url=https://www.un.org/Depts/los/convention_agreements/texts/unclos/part7.htm|title=Preamble to the United Nations Convention on the Law of the sea|website=www.un.org|access-date=June 29, 2017|archive-date=June 20, 2017|archive-url=https://web.archive.org/web/20170620050654/http://www.un.org/depts/los/convention_agreements/texts/unclos/part7.htm|url-status=live}}</ref>
</blockquote>

This definition was formerly contained in articles 15 to 17 of the [[Convention on the High Seas]] signed at Geneva on April 29, 1958.<ref>[[Archbold Criminal Pleading, Evidence and Practice]]. 1999. Paragraph 25–39 at p. 1976 refers to the Schedule to the [[Tokyo Convention Act 1967]]. That Schedule, and section 4 of that Act, refer to the said articles of Convention on the High Seas.</ref> It was drafted<ref>Yearbook of the ILC [1956] Vol 2, 282</ref> by the [[International Law Commission]].<ref name="Archbold Criminal Pleading 1999"/>

A limitation of article 101 above is that it confines piracy to the High Seas. As the majority of piratical acts occur within territorial waters, some pirates are able to go free as certain jurisdictions lack the resources to monitor their borders adequately.{{citation needed|date=December 2011}}

====IMB definition====
The International Maritime Bureau (IMB) defines piracy as:

{{blockquote|the act of boarding any vessel with an intent to commit theft or any other crime, and with an intent or capacity to use force in furtherance of that act.<ref>{{cite web|url=http://www.cargolaw.com/presentations_pirates.html#what_piracy%7ctitle=cargolaw.com|title=Modern High Seas Piracy|work=cargolaw.com|access-date=November 15, 2015|archive-date=November 9, 2015|archive-url=https://web.archive.org/web/20151109054924/http://www.cargolaw.com/presentations_pirates.html#what_piracy%7ctitle=cargolaw.com|url-status=live}}</ref>}}

====Uniformity in maritime piracy law====
Given the diverging definitions of piracy in international and municipal legal systems, some authors argue that greater uniformity in the law is required in order to strengthen anti-piracy legal instruments.<ref>{{cite journal |ssrn=1682624 |last=Bento |first=Lucas |title=Toward An International Law of Piracy Sui Generis: How the Dual Nature of Maritime Piracy Law Enables Piracy to Flourish |journal=Berkeley Journal of International Law |volume=29 |number=2 |date=2011 |url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1682624 |access-date=January 13, 2021 |archive-date=January 24, 2021 |archive-url=https://web.archive.org/web/20210124122947/https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1682624 |url-status=live }}</ref>