Yesterday, a judge determined that the lone surviving Somali pirate could be charged as adult. Abduwali Abdukhadir Muse, who, along with three other pirates, held a U.S. container ship captain hostage, was charged with piracy under the law of nations, conspiracy to seize a ship by force, conspiracy to commit hostage-taking and use of firearms in those acts, according to the NY Times. Prosecutors say that Muse, in spite of his small 5'2" frame, was the ringleader who "was the first to board the ship" plus "he fired a shot at the captain, he helped steal $30,000 in cash from a safe, and he bragged about hijacking ships in the past," the AP reports.

Muse's age was the main point of contention during yesterday's hearing. While prosecutors said Muse eventually admitted to be 18, his family claimed he was younger. His mother told the AP he was 16 while his father, according to federal magistrate judge Andrew J. Peck, claimed Muse was 15. The Times reports that Peck described Muse's father's testimony by phone: Abdiqadir Muse said his son "was born on Nov. 20, 1993. But when the father was asked about the birth dates of his other children, he gave no precise dates, only vague and inconsistent answers, which seemed 'somewhat peculiar to the court, to put it mildly,' the judge said." Peck did not find the father's testimony "credible."

Muse cried in court when there was mention of contacting his family. The Post also noted that when Muse was asked if he understood he was receiving court-appointed lawyers, Muse said, "I understand. I don't have any money." His lawyers said they would still investigate the issue of his age; attorney Deirdre von Dornum said, "As you can tell, he's extremely young, injured and terrified," pointing out that he had never seen a camera before in his life before in Somalia.

Civil rights lawyer Ron Kuby raised questions about the prosecution, "I think in this particular case, there’s a grave question as to whether America was in violation of principles of truce in warfare on the high seas. ‘This man seemed to come onto the Bainbridge under a flag of truce to negotiate. He was then captured. There is a question whether he is lawfully in American custody and serious questions as to whether he can be prosecuted because of his age." And Muse's father spoke bitterly to the Times, "To save that one American they killed three Somalis. Well, the American life seems to be more valuable than the Somalis’."

Time.com's Tony Karon is skeptical about having the trial here: "Even if the young Somali broke the law and kidnapped Americans, putting him on trial in New York will do nothing to stamp out the piracy that is plaguing the Somali coastline. If anything, it will turn Muse into a martyr, prompting an escalation of violence on the high seas by his peers, who will rally more Somalis to their cause (which is already pretty popular in the long-suffering nation), and jeopardize U.S. national-security interests in East Africa."