The federal government has been accused of committing piracy by intercepting and detaining more than 150 Sri Lankan asylum seekers at sea.
The allegation comes as Immigration Minister Scott Morrison continues his silence on what's become of the asylum seekers.
Former Liberal Prime Minister Malcolm Fraser is accusing the Abbott government of committing piracy on the high seas when it comes to the treatment of the missing asylum seekers.
"I thought that if a ship was sailing in the high seas, freedom of the seas meant that it was able to continue sailing if it's in international waters. To be apprehended by an Australian customs vessel, a naval vessel, people taken off it and all the rest, what do you call it? Kidnapping? Piracy? It certainly is in breach of international law."
Human rights lawyer Julian Burnside has told the ABC, the Government's decision to hold the asylum seekers on the high seas could well be tantamount to piracy.
"If they went onto the Australian vessel because they had asked for help and they were offered help, then they seem to have been taken under falser pretences because the government not only publically denied their existence, it also seemed distinctly uninclined to offer them any help."
The asylum seekers say they are Sri Lankan, but left from India about a month ago.
Refugee advocates and family members last heard from the ship when it was in trouble off Christmas Island.
Australian Greens Leader Christine Milne says it's possible Australia has committed piracy.
"Going out of the contiguous zone out onto the high saes in order to prevent people from landing and keeping them there and keeping them effectively on a prison ship certainly looks like piracy to me, but I will let the lawyers determine that."
But the Australian National University's Professor of International Law, Donald Rothwell, says it's clearly not a case of piracy.
"The reason for that is that an act of piracy as defined under international law is an act committed by a private ship for private ends and quite clearly the actions of the Australian government are being conducted on behalf of the state for public ends and therefore there's no question that this constitutes an act of piracy."
But Donald Rothwell says that doesn't mean there aren't other legal issues surrounding the detention of the asylum seekers and the treatment of their claims.
"It raises a range of questions as to whether or not the human rights of these people are being respected while they're being held at sea, the fact that these persons at face value appear to be held incommunicado, the fact that the freedom of movement of these people are being restrained while they're being held at sea. Any form of enhanced screening of asylum claims at sea cannot be not be a good faith interpretation of Australia's obligations under the refugee convention, in addition to of course their legitimate right to make asylum claims."
Professor Rothwell predicts Australia may restart regional processing negotiations with Cambodia, in order to get the asylum seekers off Australia's hands.
Speaking from Sri Lanka, where he's attended the commissioning of the two Australian-donated vessels, Immigration Minister Scott Morrison is maintaining his silence on the asylum seekers' whereabouts.
"The message for anyone who is thinking that they can get to Australia illegally by boat is that the way is closed and that way has been closed by Australia and Sri Lanka working in strong partnership together."
Meanwhile there are ongoing concerns about asylum seekers in Australian care on land.
Fairfax media reports nine mothers have recently attempted suicide, in the belief that their children would be settled in Australia if their mothers were dead.
There are also reports pregnant asylum seekers on Christmas Island have pleaded with medical experts to put their children up for adoption by Australian families.
A group of about half a dozen church organisations in South Australia say they're deeply concerned about the reports.
They've written to the Immigration Department offering to care for children and their mothers currently in detention, including more than 70 infants.
Anglicare South Australia chief executive Reverend Peter Sandeman says if the government takes up their offer, the parents and children can be released from detention today.
"We don't believe we should be risking lives to save lives and so we believe the families can be held here in Australia, we're very happy to support them while their cases are being considered by the federal government. Yound children have no place in detention, it should be the last resort not the first resort. All of us are agencies that work with refugee and asylum seeker families at the moment. We have houses, we have support services and we have the support of a lot of concerned South Australians to support these families."
Mr Morrison's office was contacted for comment in relation to the piracy claims, but did not respond.
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