Into why Somali pirates are tried in US

NORFOLK, Va. (WAVY) - The alleged pirate attacks happened half a world away, off the coast of Africa. So why is this case being tried in Norfolk?

The last time someone was prosecuted for piracy in the U.S. was in 1937, in a case that involved an attack on a gambling boat off the coast of California.

The current case involves alleged attacks on U.S. Naval vessels by foreign nationals, bringing piracy into the U.S. judicial system once again.

There is no real government structure in Somalia, and the African nation of Kenya says its court system is becoming overburdened with these cases. Other nations cite what has been referred to as "thorny jurisdiction issues".

"I've heard that comment..." says Norfolk attorney Marc Marling

As the former U.S. Counsel for a French shipping company that has had its own dealings with pirates, Marling is familiar with the complexities of maritime law when it comes to prosecuting acts of piracy.

He cites the United Nations Convention on the Law of the Sea that allows "any State to seize and prosecute pirates..." although the United States has not signed the Convention.

The U.S. is a member of the International Maritime Organization, which has a convention that says "one State can seize a pirate and turn him over to another State for prosecution..."

"So the taking of a U.S. ship would confer jurisdiction and the attack on U-S sailors would confer jurisdiction in the U.S.," Marling said.

But why hold the trial in Norfolk?

"I don't believe there's anything particularly special about Norfolk, except perhaps the fact that these two vessels are home-ported here," Marling said. "So there seem to be a logical jurisdictional place here."

Critics ask if the U.S. judicial system should invest time and money prosecuting pirates from another country.

"To the extent that we choose to prosecute under our piracy laws any alleged pirates who commit acts against U-S citizens," says Marling. "I think that falls squarely within one of the basic tenants of why we have a legal system in this country."