Somali pirates should be tried and hung the same day as caught. Congress should pass legislation immediately authorizing this. The legislation would provide as follows.
When pirates take any person captive and are notified by the US or other authorites that they should surrender the captive or are in plain sight of US military or other authorized forces and do not surrender the hostages, then once captured the US military shall try and hang them the same day.
When the hostages are maliciously treated, the hanging need not be by the most rapid means.
The US commander shall notify the pirates if practical that they have the opportunity to surrender the hostages unharmed and not be tried and hung the same day. Once this notification is given, the standard of due process of law is met. This is traditional in the law of the sea.
The US commander shall once capturing them, then try and hang them the same day or if not practical the next day. This constitutes due process of law because the pirates were given the opportunity to surrender their hostages and refused it.
