Maritime Piracy

Modern maritime piracy is an ongoing concern worldwide, especially in a few hotspots. If you work on vessels that travel the oceans, you risk being a victim of pirates. If you have suffered injuries due to piracy, contact a maritime lawyer to learn your rights and what you can do next.

What Is Maritime Piracy?

The word piracy can describe several different crimes. In the maritime industry, it means boarding a vessel intending to commit a theft or other crime. Maritime piracy is an ancient crime that persists into the modern era.

The United Nations Convention on the Law of the Sea (UNCLOS) is the most current framework for international law on the high seas. It provides the most detailed definition of piracy:

• Piracy includes any illegal acts of violence, detention, or depredation committed by the crew or passengers of a private vessel for private ends.
• The illegal acts are committed on the high seas against another vessel or outside any nation’s jurisdiction.
• Piracy can also include any voluntary participation in operating a known pirate vessel or inciting and aiding acts of piracy.

A pirate can be someone who boards another vessel or anyone operating the pirate vessel, even if they remain on board.

It is important to distinguish where piracy occurs. Piracy happens in waters where no specific nation has jurisdiction. The same type of action that occurs in a country’s territorial or internal waters is armed robbery.

Piracy and International Law

Piracy at sea is illegal under international law. UNCLOS, which most countries have signed, says that all states are obligated to do their part to repress piracy around the world. All states have jurisdiction to seize pirate vessels, arrest pirates, and recover stolen property from pirates.

The Costs of Maritime Piracy

Piracy is much more than just theft. It often involves significant violence against the crews of vessels under attack. Pirates are armed and do not hesitate to assault, injure, or kill crew members to steal cargo. They also sometimes hold crew members hostage and wait for ransom.

Even when crew members in pirate attacks are not physically harmed, they often suffer psychologically. They may develop mental health issues later, including PTSD.

Piracy is also expensive in the shipping industry. Shipping companies lose money on stolen cargo and damaged vessels. Countries that intervene spend military resources. Local economies even suffer when it becomes too dangerous to do business in their waters.

Rights of Maritime Workers Harmed in Pirate Attacks

Working in international waters means being subject to international laws and the laws of the country under which your ship is flagged. If you are injured in a pirate attack while on a U.S.-flagged vessel, you may be able to claim compensation.

The Jones Act allows qualifying seamen to sue for damages if negligence led to the incident that harmed them. In the case of piracy, employers have some responsibilities for protecting crew members. Pirate attacks cannot always be predicted or prevented. However, negligent acts can increase the risks and dangers.

For instance, if a captain ignores reports of pirates in an area and doesn’t change course, it could be considered negligence when the ship is attacked. If an employer expects a crew to sail through waters known to be dangerous due to piracy, they could be negligent in an attack.

Examples of Modern Piracy at Sea

Piracy is as old as maritime transportation itself. Often associated with history, it still occurs today. While piracy never completely disappeared, it resurged as a criminal activity in the 1990s. Reports of piracy recorded 43 attacks in 1991. Just five years later, in 1996, there were 290 recorded pirate attacks.

Modern piracy hot spots that put maritime workers at risk include:

• Southeast Asia
• Bangladesh
• India
• The Gulf of Aden near Somalia
• The Gulf of Guinea in West Africa
• Malacca Strait

There have also been some incidents in the Caribbean Sea.

The Maersk Alabama

One of the most famous modern piracy attacks occurred off the coast of Somalia in 2009. Somali pirates boarded the Maersk Alabama cargo ship on April 8. It was the first time pirates had captured an American-flagged ship since the 1800s and brought attention to the modern problem of piracy.

The U.S. Navy rescued the Maersk Alabama and its crew, resulting in a three-day standoff. The pirates held the ship’s captain in a lifeboat during this time. Finally, Navy SEAL snipers fired on the lifeboat and killed three pirates but not the captain.

No crew members were harmed during this piracy incident, but they were held hostage for several days in fear for their lives. One crew member filed a lawsuit against Maersk and his employer for sending the ship into dangerous waters and failing to provide adequate security.

Ongoing Piracy Near Somalia

While piracy continues in other hotspots, Somalia persists as a dangerous area for shipping due to pirates. The Maersk Alabama incident led to a crackdown, but 2017 saw a resurgence in piracy in this area of the world that continues today.

In January 2024, two fishing vessels had to be rescued from Somali pirates. One was from Iran, and the other from Sri Lanka. A larger ship, a bulk carrier, was boarded and captured by Somali pirates in December 2023, the first such incident since 2017. Local governments, including India, have increased security and enforcement measures on the high seas to combat the problem.

If you work on a ship that travels through international waters, you could be vulnerable to pirate attacks and their consequences. If you are victimized by pirates while working, contact a maritime lawyer. They can help you navigate the applicable laws and find a way to be compensated for the harm caused.