"(AP) A judge on Tuesday dismissed piracy charges against six Somali nationals accused of attacking a Navy ship off the coast of Africa, concluding the U.S. government failed to make the case their alleged actions amounted to piracy.
The dismissal of the piracy count by U.S. District Judge Raymond A. Jackson tosses the most serious charge against the men, but leaves intact seven other charges related to the alleged April 10 attack on the USS Ashland in the Gulf of Aden. A piracy conviction carries a mandatory life term.
"The court finds that the government has failed to establish that any unauthorized acts of violence or aggression committed on the high seas constitutes piracy as defined by the law of nations," Jackson wrote in granting the defense motion to dismiss."
Link
here
Now, this brings up the question "What IS the definition of piracy?"
That seems to be a fairly nebulous term but I think the following text pretty much sums it up:
"Maritime piracy, according to the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, consists of any criminal acts of violence, detention, rape, or depredation committed for private ends by the crew or the passengers of a private ship or aircraft that is directed on the high seas against another ship, aircraft, or against persons or property on board a ship or aircraft. Piracy can also be committed against a ship, aircraft, persons, or property in a place outside the jurisdiction of any state, in fact piracy has been the first example of universal jurisdiction. Nevertheless today the international community is facing many problems in bringing pirates to justice."
Link
here.
Well now, let's see what happened that caused these poor souls to wind up living in luxury on our dime.
"USS ASHLAND, Gulf of Aden (NNS) -- At approximately 5:00 a.m. local time April 10, USS Ashland (LSD 48), was fired upon by a skiff manned by suspected pirates in the Gulf of Aden, approximately 330 nautical miles off the coast of Djibouti.
During the attack, Ashland received small arms fire on the port side from the six man crew of suspected pirates aboard the skiff. Ashland, in accordance with her rules of engagement, returned fire."
Link
here.
They SHOT at the effen' ship? Well, apparently they TRIED to pirate the ship but failed. Could this be what the judge had in mind when he dropped the piracy charges? Isn't that like dropping murder charges because the perp didn't succeed? Isn't there a substantial penalty for even trying?
But, I see our biggest mistake in the next two sentences in that same article.
"USS Ashland fired two rounds at the skiff from her MK-38 Mod 2, 25mm gun. The skiff caught fire and the suspected pirates abandoned the skiff. Ashland deployed her rigid-hull inflatable boats (RHIBs) to assist the pirates who were in the water near their skiff."
Well, actually the only mistake I see is the second sentence.
We should have let 'em swim back to shore and simply said the incident never happened.
