hostis humani generis

Pirates were called hostes humani generis because they attacked the ships of every nation and acknowledged no flag. Since they were the enemies of all, every State had jurisdiction over them, whatever their nationality or the place of the crime. This is the oldest example of universal jurisdiction.

The rule is now in UNCLOS: Article 101 defines piracy, and Article 105 allows every State to seize a pirate ship on the high seas and its courts to decide the penalty. India enacted the Maritime Anti-Piracy Act, 2022 to give its courts this jurisdiction. Modern writers extend the label to perpetrators of torture, genocide and crimes against humanity, as the US court did for a torturer in Filartiga v. Pena-Irala (1980).

Example

Pirates seized off Somalia can be tried in India, since as hostis humani generis they are subject to universal jurisdiction.

In Indian law

• Articles 101 and 105, UN Convention on the Law of the Sea, 1982
• Maritime Anti-Piracy Act, 2022

See also

piracy · universal jurisdiction · high seas · jus cogens

Read more in the study notes

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• Enforcement of Intellectual Property Rights (IPR I)