United States v. Hasan
747 F. Supp. 2d 599
| E.D. Va. | 2010Background
- Defendants Hasan, Ali, Dire, Gurewardher, and Umar are charged with piracy under 18 U.S.C. § 1651 for actions on the high seas in April 2010 against the USS Nicholas and related vessel.
- The government alleges the defendants attacked a U.S. Navy ship on the high seas and were captured; Gurewardher and Umar remained on the seagoing vessel, while Hasan, Ali, and Dire boarded an assault boat.
- Count One charges piracy as defined by the law of nations; the remaining counts allege related violent acts, weapon offenses, and other charges.
- Defendants move to dismiss Count One on the theory that the alleged acts do not meet the elements of piracy under the law of nations.
- The court denies the motions to dismiss Count One, holding that the statute incorporates evolving international law through the law of nations definition, as reflected in UNCLOS and related authorities.
- The court proceeds to define piracy under contemporary customary international law as of April 2010 and evaluates the Superseding Indictment against those elements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Definition of piracy under law of nations | Government: piracy defined by law of nations; evolving definitions incorporated | Hasan: Smith defines piracy narrowly as robbery | Piracy defined by law of nations is adaptable to current international law |
| Authority to define piracy via evolving law | Statute § 1651 incorporates law of nations; flexible interpretation required | Smith sets definitive historical definition; cannot evolve | Court accepts evolving customary international law for § 1651 |
| Sufficiency of Superseding Indictment | Indictment alleges acts meeting elements (A/B/C) of general piracy | Indictment lacks an actual taking as required by older definitions | Indictment adequately charges general piracy for all defendants |
Key Cases Cited
- United States v. Smith, 18 U.S. (5 Wheat.) 153 (1820) (piracy defined by law of nations; incorporation by reference sufficient)
- United States v. Palmer, 16 U.S. (3 Wheat.) 610 (1820) (whether 1790 Act extended piracy to international acts; limited nexus required)
- Sosa v. Alvarez-Machain, 542 U.S. 692 (2004) (law of nations as evolving body of international law; recognized new norms)
- The Antelope, 23 U.S. (10 Wheat.) 66 (1825) (slave trade; law of nations can evolve; universal condemnation concept)
- Kiobel v. United States, 621 F.3d 111 (2d Cir. 2010) (customary international law; treaty ratification affects customary status)
- The Paquete Habana, 175 U.S. 677 (1900) (international law as part of law; reliance on customary norms)