Natural Law and Jus Cogens

Case: United States v. Smith (1820, US)

Facts: Jury found that, in a proceeding of piracy against prisoner Thomas Smith,
him and others aboard a vessel, mutinied, confined their officer, left the vessel,
then seized another vessel, the Irresistible. With the Irresistible, they
plundered and robbed a Spanish vessel.

Issue: Whether the committed offenses are piracy under the law of nations
(piracy is punished with death).

Holding: Yes.

Reasoning:
• To define piracy, court will look at the crimes that constitute piracy, and what
punishment is inflicted.
• Is the crime of piracy defined by the law of nations to a reasonable certainty?
○ What is the law of nations on this subject?
§ Look at works of jurists
§ general usage and practice of nations
§ Judicial decisions recognizing and enforcing that law
○ All define piracy as a robbery upon the sea. Therefore, it is defined by
the law of nations as such.