PROSECUTING A TWENTY- FIRST CENTURY PIRATE, 101 Prepared For: Geoffrey W. Gill __________________________________________________________________.

PROSECUTING A TWENTY-FIRST CENTURY PIRATE,

101

Prepared For:

Geoffrey W. Gill

__________________________________________________________________

Jurisdiction

From at least the days of Caesar, a pirate has been deemed hostis humani generis – an enemy of the human race. Sir Edward Coke.

Therefore, a pirate is on “notice” that prosecution for his/her depredations may be undertaken by any nation having the pirate in hand.

Congressional Authority

Congress is empowered to “define and punish Piracies and Felonies committed on the High Seas, and Offenses against the Law of Nations.”

United States Constitution, art. I, sec.8, cl. 10 (“Offense Clause”).

International Concern “…unlawful acts against the safety of maritime

navigation jeopardize the safety of persons and property, seriously affect the operation of maritime services, and undermine the confidence of the peoples of the world in the safety of maritime navigation” to the extent that signatory nations shall undertake the “prosecution and punishment” of perpetrators who seize or exercise control over a ship by force or threat of force or intimidation, or perform any act of violence against a person on board a ship if such act is likely to endanger the safe navigation of that ship. Convention for the Suppression of Unlawful Acts Against the

Safety of Maritime Navigation, Preamble and Art. 3 (1988).

United States enabling legislation 18 U.S.C. sec. 2280 proscribes seven acts of

violence against maritime navigation as well as the attempt or conspiracy to commit any of those acts, and provides for United States jurisdiction over the person under certain conditions including the offender later being found in the United States.

Implemented in United States vs. Shi, 525 F.3d 709 (9th Cir. 2008), cert. den. 129 S.Ct. 324 (2008)

We have a jurisdictional structure – now we need a defendant

Abduwali Abdukhadir Muse

Described by MAERSK ALABAMA’s master as the Leader…First pirate on board, p. 112

Shot at captain with machine gun, p. 112

Gave the orders and other three pirates obeyed, p. 118

Battered the master after his attempted escape from lifeboat, p. 205

On board BAINBRIDGE discussed ransom and conditions for safe escape, p. 255.

R. Phillips, A CAPTAIN’S DUTY (2010)

19 May 2009

Grand Jury charged Muse in a ten count indictment.

Count I Piracy

“Whoever, on the high seas, 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.”

18 U.S.C. sec. 1651

Count II Seizing control over a ship by force.

18 U.S.C. sec. 2280(a)(1)(A)

Count III Conspiracy and confederacy to seize a

ship by force with overt act of boarding with firearm and threatening master. 18 U.S.C. sec. 2280(a)(1)(A) and 2280(a)(1)(H)

Count IV Possession of a firearm in course of

seizing a ship by force. 18 U.S.C. sec. 924(c)(1)(B)(ii)

Count V Hostage-taking for gain

18 U.S.C. sec. 1203(a)

Count VI Conspiracy to commit hostage-taking

18 U.S.C. sec. 1203(a)

Count VII Possession of firearm during hostage-

taking 18 U.S.C. sec. 924(c)(1)(B)(ii)

Count VIII Kidnapping within special maritime

jurisdiction of the United States 18 U.S.C. sec. 1201(a)(2)

Count IX Kidnapping within special maritime

jurisdiction of the United States 18 U.S.C. sec. 1201(a)(2) & 1201(c)

Count X Possession of firearm in course of

kidnapping 18 U.S.C. sec. 924(c)(1)(B)(ii)

January 2010

Trial scheduled…but…

Legal Precedent

Prosecution of Abduwali Abdukhadir Muse may serve as template for the 11 pirates charged in separate attacks against the USS NICHOLAS and USS ASHLAND in March/April 2010.

Defenses

Jurisdiction

Brainwashed and outwitted youth – Duress

White flag of truce

THANK YOU!

GEOFFREY W. GILL

Of Counsel

Countryman & McDaniel5933 West Century Blvd., Suite 1111

Los Angeles, CaliforniaT: (310) 342-6500F: (310) 342-6505

E: [email protected]

www.cargolaw.com