Piracy at Sea—Somalia Update

The Somali coastline is becoming more and more dangerous for vessels that approach that increasingly lawless country. Over the weekend, it was reported that a Seabourn Cruise Line luxury cruise ship was attacked 100 miles off the coast by two 25-foot inflatable boats filled with pirates wielding machine guns and grenade launchers.^[1] At least three rocket-propelled grenades hit the ship, injuring one crew-member; none of the passengers, who had been moved to a lounge for their safety, were hurt.^[2] The vessel, dubbed “Spirit,” was able to elude the pirates by taking evasive maneuvers and outrunning the smaller boats.^[3] The Spirit was bound for Mombasa, Kenya, on the tail end of a cruise originating out of Alexandria, Egypt; it should reach the Seychelles today, and continue on to Singapore.^[4] Americans comprised most of the liner’s passengers, but a fair number of Australians and Europeans were also on board.^[5] Bruce Good, spokesman for the cruise line, suspects that he motivation was theft.^[6]

Based on the location of the attacks, it is believed that this is the same band of pirates who attacked and commandeered an UN-chartered aid ship earlier this year, which we discussed here.^[7] While US and NATO warships patrol the deeper waters off Somalia’s coastline, they cannot go within that country’s territorial waters; nonetheless, this most recent attack, 100 miles off the coastline, shows how audacious the pirates are becoming.^[8] With the increase in attacks this year—more than 25 have occurred so far, compared to just 2 last year—officials are beginning to better understand how the pirates operate.^[9]

It is believed that the pirates identify targets by monitoring international radio channels, and “[s]ometimes they trick the mariners by pretending that they have a problem and they should come to assist them—they send bogus distress signals,” said the head of the Kenyan chapter of the Seafarers Assistance Program, Andrew Mwangura.^[10]

The statutes that cover this recent attack are 18 U.S.C. §§ 1651 & 1659.

Under 18 U.S.C. § 1651, whoever commits the crime of piracy, as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life.

Under 18 U.S.C. § 1659, whoever, upon the high seas or other waters within the admiralty and maritime jurisdiction of the United States, maliciously attacks or sets upon any vessel belonging to another, intending to plunder the vessel or take any of the money or goods on board, can be fined, imprisoned not more than 10 years or both.

Piracy is one of the handful of crimes for which Universal Jurisdiction is available.^[11]

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[1] Rodrique Ngowi, Pirates Attack Luxury Liner off Somali Coast, Houston Chronicle, Nov. 6, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Rodrique Ngowi, Somali Pirates Getting Bolder, Houston Chronicle, Nov. 7, 2005, available here.
[8] Id.
[9] Id.
[10] Id.
[11] Restatement (Third) Foreign Relations Law of the United States § 404 (1987); see also, McNabb Associates, United States Jurisdiction, TransnationalCrimes.com (2005), available here.