AIR 1934 PRIVY COUNCIL 220

Privy Council

Hon'ble Judge(s): Lord Chancellor, Viscount Sankey, Lord Atkin, Lord Tomlin, Lord Macmillan, Lord Wright , JJJ

(A) **International Law-Robbery is not essential in crime of piracy 'jure gentium.' Actual robbery is not an essential element in the crime of piracy 'jure gentium.' A frustrated attempt to commit a piratical robbery is equally piracy 'jure gentium.'(Para 221) (B) International Law-International law is still in realm of opinion-It is permissible to select that opinion which is better. In the strict sense international law still has no legislature, no executive and no judiciary, though in a certain sense there is now an international judiciary in the Hague Tribunal and attempts are being made by the League of Nations to draw up Codes of international law. Speaking generally, in embarking upon international law, the Courts are to a great extent in realm of opinion and in estimating the value of opinion at is permissible not only to seek a consensus of views, but to select what appear to be the better views upon the question.(Para 221) (C) *(c) International Law-Person guilty of piracy is beyond protection of any State-He being not a national is justiciable by any State anywhere. With regard to crimes as defined by international ....