Where Should Somali Pirates Be Tried?
There has been tons of commentary on the pirate thing now, so there is little more to add. Except that there is a brewing debate about where to try the remaining captured Somali pirate. In theory, the pirate could be tried before a military commission, if Obama wished, but I somehow doubt that his going to happen (although if he does, I would love to see Neal Katyal and Marty Lederman be assigned to draft that executive order). So the choice is Kenya (where he will probably receive a light sentence) or the U.S. (where he will get lots of useful constitutional rights and where many of the naval personnel will have to give testimony). I don’t think either choice will likely create much deterrence of future piracy. I still think the most effective choices are “self help” or, as Eric Posner argues, just paying the ransoms. The Navy saved the day this time, but they can’t be everywhere.