United States v. Shi
Encyclopedia
United States v. Shi is a 21st century case involving piracy on the high seas. The case establishes the right of the United States to try foreign nationals on foreign-flagged vessels for crimes committed on the high seas
, outside the territory of the United States.
ese fishing vessel registered in the Republic of the Seychelles, had been demoted to deckhand. In retaliation, he stabbed and killed Captain Chen Chung-She and first mate Li Da Feng when the ship was sailing in international waters off the coast of Hawaii
in March 2002. After killing the men Shi ordered the second mate to “drive the ship,” and ordered the other crewmembers to throw the captain’s body overboard. He allegedly stated that he would kill anyone who disobeyed him and refused to let his fellow crewmates use the radio. He controlled the ship for two days, setting a course for China and threatening to scuttle the vessel if his instructions were not obeyed.
However, on March 16, 2002, the crew overpowered Shi and imprisoned him in a storage compartment. The crew then set a course for Hawaii, but did not contact the ship’s owners, apparently because none of them knew how to operate the radio. After several days of silence, the owners notified the U.S. Coast Guard that the ship was missing and requested its assistance in recovery.
Five days after Shi had seized the ship, a Coast Guard cutter Kiska
intercepted the ship approximately 60 miles from Hilo, Hawaii. Over the next two days, Shi, who was still imprisoned by the crew in the storage compartment, spoke to a Coast Guard officer and admitted to having killed the two men. FBI agents then boarded the ship and arrested Shi for violating 18 U.S.C. § 2280 which prohibits acts of violence that endanger maritime navigation.
The U.S. Attorney General did not authorize the death penalty
in this case, although this was requested by the prosecuting attorney.
Shi appealed, challenging, among other things, the district court’s jurisdiction.
However, in 2008 the United States Court of Appeals for the Ninth Circuit
, in an opinion by Judge Diarmuid F. O’Scannlain, rejected Shi’s claims that he cannot be tried in the USA because piracy is subject to universal jurisdiction
, and because Sec. 2280 implements the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation — to which the United States is a party — which expressly provides notice that prohibited conduct may be prosecuted by any state signatory.
International waters
The terms international waters or trans-boundary waters apply where any of the following types of bodies of water transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems , and wetlands.Oceans,...
, outside the territory of the United States.
Incident and Capture of the 'Full Means II'
A national of the PRC Shi Lei, the cook of the Full Means II, a TaiwanTaiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
ese fishing vessel registered in the Republic of the Seychelles, had been demoted to deckhand. In retaliation, he stabbed and killed Captain Chen Chung-She and first mate Li Da Feng when the ship was sailing in international waters off the coast of Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
in March 2002. After killing the men Shi ordered the second mate to “drive the ship,” and ordered the other crewmembers to throw the captain’s body overboard. He allegedly stated that he would kill anyone who disobeyed him and refused to let his fellow crewmates use the radio. He controlled the ship for two days, setting a course for China and threatening to scuttle the vessel if his instructions were not obeyed.
However, on March 16, 2002, the crew overpowered Shi and imprisoned him in a storage compartment. The crew then set a course for Hawaii, but did not contact the ship’s owners, apparently because none of them knew how to operate the radio. After several days of silence, the owners notified the U.S. Coast Guard that the ship was missing and requested its assistance in recovery.
Five days after Shi had seized the ship, a Coast Guard cutter Kiska
USCGC Kiska (WPB-1336)
USCGC Kiska is an Island class cutter of the United States Coast Guard, named for the island of Kiska, Alaska.-History:On March 19, 2002 the Kiska intercepted the Taiwanese fishing vessel Full Means II, which had been taken over by its cook, who had murdered the captain and first mate....
intercepted the ship approximately 60 miles from Hilo, Hawaii. Over the next two days, Shi, who was still imprisoned by the crew in the storage compartment, spoke to a Coast Guard officer and admitted to having killed the two men. FBI agents then boarded the ship and arrested Shi for violating 18 U.S.C. § 2280 which prohibits acts of violence that endanger maritime navigation.
Trial and decision
Shi was charged with one count of seizing control over a ship by force, and two counts of performing an act of violence likely to endanger the safety of the ship. After a jury trial before U.S. District Judge Helen Gillmor of the District of Hawaii, Shi was convicted and sentenced to 36 years in prison.The U.S. Attorney General did not authorize the death penalty
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
in this case, although this was requested by the prosecuting attorney.
Shi appealed, challenging, among other things, the district court’s jurisdiction.
However, in 2008 the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
, in an opinion by Judge Diarmuid F. O’Scannlain, rejected Shi’s claims that he cannot be tried in the USA because piracy is subject to universal jurisdiction
Universal jurisdiction
Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other...
, and because Sec. 2280 implements the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation — to which the United States is a party — which expressly provides notice that prohibited conduct may be prosecuted by any state signatory.