U.S. Judge Dismisses Piracy Charges
John D. Kimball, partner in Blank Rome's maritime practice, was recently quoted in American Shipper's article "U.S. judge dismisses piracy charges" by Chris Dupin on August 18, 2010.
The article discusses a federal judge's recent decision on Tuesday to dismiss piracy charges against six men accused of attacking a Navy ship in April 2010 in the Gulf of Aden. U.S. District Judge Raymond A. Jackson granted a motion by attorneys for six Somalis, writing in his decision, "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 in 18 U.S.C. S.1651." He further added, "Following the government's assertions would subject defendants to an enormously broad standard under a novel construction of the statute that has never been applied under United States law, and would in fact be contrary to Supreme Court case law."
Mr. Kimball stated that, "It appears the judge adopted a very narrow interpretation whereas the Supreme Court in the case he cites, tended to define piracy in accordance with international law and in a broader way."
To read the full article online, please click here.