The FBI had nobusiness even being there. Puracy is not a domestic crime in this case. Piracy is a separate category which is covered by the law of the apprehending nation, This would be military law in this case.
Obama sent the FBI in to establish the situation as a crime, so that military justice would not prevail. In that Obama was foiled by men who had the trigger pull, the traditional remedy for pirates.
Contrary to popular socialist belief, The UN Law of the Sea
DOES NOT replace the traditional International Law on Piracy.Piracy does not have to occur on the High Seas for the act to be treated as an act of war from a private individual or group, even though the UN Law of the Sea says so. The Old law is still in place, and that is that the victim nation can use both private and military acts of war to apprehend and punish pirates, without reference to any other national or international jurisdiction.The jurisdiction is universal.
*************************
Universal Jurisdiction
Antonio Cassese, a leading jurist, asserted that the concept of universal jurisdiction is legally admissible. He further went on to explain that the crimes over which such jurisdiction may be exercised are of such gravity and magnitude that they warrant universal prosecution and repression. Although international law concerns itself with criminal jurisdiction, outside the sphere of international tribunals, it does not prescribe rules requiring the exercise of jurisdiction; rather it concerns itself mainly with the propriety of the exercises of state jurisdiction.
On this point, the 1934 analysis of “In Piracy Jure Gentium” states that: “With regard to crimes as defined by international law, that law has no means of trying or punishing them. The recognition of them as constituting crimes, and the trial and punishment of the criminals, are left to the municipal law of each country”. Piracy is then thought to be the basis of universal jurisdiction for what are termed “Jus Cogens” crimes. “Jus Cogens” is a Latin term that means a “compelling law”; and this fundamental law must be followed by all countries. The 1986 Vienna Convention on the Law of Treaties affirmed “Jus Cogens” as an accepted doctrine in international law.
********************************************
http://war-crimes.suite101.com/article.cfm/piracy_forced_creation_of_universal_jurisdiction
Obama wanted due process to apply to these pirates, and that is why the FBI was sent out. Look at what Holder is doing with the remaining juvenile pirate.Before its over Holder will have the pirate put up at the Waldorf on New York, dining on lobster tails. Its a darn good thing the Navy killed the other three, or they would have ended up on our welfare rolls , and later running guns from Chicago.
The FBI had no business being there, and did not have to be. They were there to help the pirates, not the hostage.
And the Navy was delayed in shooting the pirates so that the pirates could be “saved” so that Obama could suck up to his Muslim buddies later in diplomacy, while they were in custody of the FBI, being convicted and “rehabilitated”, or even pardoned, or “de-proscuted” like the Master Mind for the USS Cole bombing was let off.
It would not surprise me if some of these pirates were Luo.Zero’s paternal tribe.
THANK YOU SO MUCH
I have been saying the same but you said it better than I
The FBI was there for one reason and one reason only
to make this a case of criminals, obama wanted to talk and that was it
this was his first chance to prove to Bush and others that using the cowboy approach(their words) is not as good as talking
Obama never wanted them shot. the seals could have shot anytime so the question is why didn’t they
Now obama knows that this might be a problem with muslims after his we love you speeches .
The seals could have shot these lot when the capt went overboard, they did not
WHY??????? is what everyone should be asking and I believe because they never had the order to shoot then as obama wanted to prove that talking is better and then try this in a criminal court
Now it is good he jumps on this and hey look at me
I'll wager you are wrong -- and he gets Iranian caviar.
/sarc>
A'RRRRRR! We be quantum pirates, and we'll make ye walk the Planck!
(We'll never be sure you jumped, though.)
Cheers!
The Islamic pirates of Somali and northern Kenya are taking advantage of the fact that they think the “Islamic” Obama is on their side and will do nothing to stop them from achieving great victory for Islam over the rich Americans and then getting billions of dollars from America for the poor of Somalia and Kenya. (maybe)
More likely: I really think it is about the money more than religion but I can't help but wonder if there is more to the story because we all know that blood is thicker than water.
Odinga Obama, Obama’s cousin, is head of the Luo Tribe, the Islamic tribe that came down from Somaliland and holds much of northern Kenya. Most of the pirates belong to the Luo Tribe. Most Kenyans consider Obama an “African Islamic”, a native” of Kenyan and a Luo. We know the Luo tribe was receiving updates about the standoff between the Islamic Pirates and out ship. Was the information being passed on to Obama’s via his cousin Odinga Obama?
When a crime does occur at sea, several factors determine whether the U.S. has legal jurisdiction. A complicated weave of international law applies, but as a rule, the FBI leads investigations of the following scenarios:
If the ship is U.S.-owned, regardless of the nationality of the victim or perpetrator;
If the crime occurs in U.S. territorial waters (within 12 miles of the coast);
If the victim or perpetrator is a U.S. national on a ship that departed or is arriving at a U.S. port;
If it’s an act of terrorism against the U.S.
From FBI Website:http://www.fbi.gov/page2/may06/cruise_crime052206.htm
Clinton did essentially the same thing after the Khobar Towers attack. Link to Freeh Article