Maritime and commercial laws, rooted in medieval codes like the Lex Mercatoria and the Laws of Oleron, have long governed global trade. These legal frameworks evolved alongside the sea-bound exchange of goods, providing a structure to resolve disputes—many of which stemmed from the perils of piracy. However, piracy, once a rampant issue in the Middle Ages, has made a troubling return, particularly in the form of State-sponsored attacks, such as those by the Houthi rebels in the Red Sea.
This article examines the impact of this new wave of piracy on both international commerce and national security, specifically focusing on how the traditional legal definitions of piracy fail to account for politically-motivated attacks. As piracy evolves into a tool for political leverage rather than private gain, the expectations of contracting parties in maritime law are being challenged. This piece explores how current definitions under U.S. and international law complicate the ability to address these modern threats and proposes new considerations for dealing with politically driven maritime piracy.
