554:, or its internal laws. This is because a government is a creature created by action of positive law, and therefore, as a creature of law, cannot act in a matter inimical to the very thing that gives it meaning. However, this poses a problem: what if a government does act unlawfully? How can this conduct be punished? Over the years, the courts have created a
161:, a British sloop-of-war, which took them captive. As the summary punishment, in this case, was due to military necessity, there was clear evidence of the offense, and it was done proximate in time and location to the battlefield, it can be classified as merely irregular, and not a violation of the custom of the sea.
114:, the enemy of humanity. Since piracy anywhere is a peril to every mariner and ship everywhere, it is held to be the universal right and the universal duty of all nations, regardless of whether their ships have been beset by the particular band of pirates in question, to capture, try by a regularly constituted
558:
so as to give relief to victims of unlawful governmental acts. This fiction supposes that these unlawful acts are not engaged, conspired, or otherwise directed by the government in question, but by the individual officers of a government who carried out the unlawful acts. Therefore, even though a
145:
Although summary battlefield punishment was conducted by certain nations at certain times with regard to pirates, it was regarded as irregular (but lawful if the attenuation of due process was dictated by urgent military necessity), as individuals captured with pirates could potentially have a
181:
are not subject to universal jurisdiction in the same way as piracy; this is despite arguments that they should be. Instead these crimes, along with terrorism, torture, crimes against internationally protected persons and the financing of terrorism are subject to the
370:
559:
government may not be held liable for acts committed in its name, individual government agents who commit acts against the
Constitution or the law of nations can be held personally liable. (Indeed, their liability is heightened, as they acted under
207:". Unlawful enemy combatants, or persons captured in war who do not fight on behalf of a recognized sovereign state, have become an increasingly common phenomenon in contemporary wars, such as the
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blessed by courts of law has been its extension to torturers. This has been done by decisions of U.S. and international courts; specifically, in a case tried in the United States in 1980,
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principle (meaning prosecute or extradite). In the current global climate of international terrorism some commentators have called for terrorists of all sorts to be treated
278:. In deciding this, the court famously stated that "Indeed, for purposes of civil liability, the torturer has become like the pirate and slave trader before him:
506:
208:
108:, against not only their victims, but against all nations, and thus, those engaging in piracy hold the particular status of being regarded as
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154:
was brought to
Ascension and summarily hanged, as they were acting in a rebellious manner and threatening to overthrow the 30-man crew of
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were generally held to be beyond legal protection and so could be dealt with by any nation, even one that had not been directly attacked.
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Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents
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262:) who were found to have committed the crime of torture against a Paraguayan citizen, using its jurisdiction under the
61:", which declared a person outside the king's law, a literal out-law, subject to violence and execution by anyone. The
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on the high Seas, and
Offenses against the Law of Nations"; this clause both expressly provides that the Congress may
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into federal law, and implicitly recognizes this law, or, as it has been known, since time immemorial, as the
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96:, is shared by the vessels and mariners of all nations, and thus represents a crime upon all nations. Since
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315:. The prosecution, however, invoked the standard, ultimately cited in the verdict by reference to piracy.
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Janis, M. and Noyes, J. "International Law: Cases and
Commentary (3rd ed.)", Page 148 (2006)
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Air Piracy and
Capture Act 2001 - Hon. Ron Paul (Extensions of Remarks); October 10, 2001
100:, pirates have been held to be individuals waging private warfare, a private campaign of
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Ward, Graham, ed. (2006-02-21). "Under The Brave Black Flag: Pirates and
Mutineers".
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Under the legal principles of the United States, the government of a nation, as a
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92:, as the peril of being set upon by pirates, who are not motivated by national
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497:”) was adopted by the United Nations General Assembly on 14 December 1973.
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convened by the officers of the capturing ship), and, if found guilty, to
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Hostis Humani Generi: Piracy, Terrorism and a New
International Law
199:, have called for the extension of this hypothetical connection of
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583:(1971).) This provides an incentive to government agents not to "
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from pirates to hijackers to terrorists all the way to that of "
150:. For instance, in early 1831, the 250-strong crew captured off
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Perhaps the oldest of the laws of the sea is the prohibition of
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of 1961, the
Jerusalem District Court did not explicitly deem
429:. Australia: Ministry of Defense. pp. 6th pg. in excerpt
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ruled that it could exercise jurisdiction over agents of the
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443:
619:, as a source of law outside of the Constitution, like the
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is granted the power to "o define and punish
Piracies and
462:(8). Philadelphia, Pennsylvania: Martin & Bolden: 125
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International Criminal Tribunal for the Former Yugoslavia
563:, gravely aggravating the magnitude of the offense; see
672:
Eichmann in Jerusalem: A Report on the Banality of Evil
53:
A comparison can be made between this concept and the
16:
Legal term for criminals beyond any legal protection
284:, an enemy of all mankind." This usage of the term
392:A Brief History of the Masses: (Three Revolutions)
634:"Decision of ICTY in Prosecutor v. FurundĹľija"
80:conveyed by proscription may also be similar.
371:November 13, 2001 Presidential Military Order
8:
520:"John Yoo: Obama, Drones and Thomas Aquinas"
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285:
279:
232:
109:
73:
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290:has been reinforced by the ruling of the
122:(in extreme circumstances, by means of a
674:. New York: Penguin Books. p. 260.
456:The Columbian Star & Christian Index
138:of the capturing ship, an authoritative
701:Netherlands Journal of Legal Philosophy
596:Article 1, Section 8, Clause 10 of the
381:
146:defense to charges of piracy, such as
30:for 'an enemy of mankind') is a legal
165:Theorized extended usages of the term
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587:" when those "orders" are criminal.
294:in the conviction of a torturer in
169:The land and airborne analogues of
714:10.5553/NJLP/221307132018047002002
576:Bivens v. Six Unknown Named Agents
495:Protection of Diplomats Convention
450:Brantly, W. T., ed. (1831-02-19).
227:Actual extended usages of the term
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598:Constitution of the United States
268:Constitution of the United States
249:United States 2nd Circuit Court
1:
395:. Columbia University Press.
231:The only actual extension of
636:. 1998-12-10. Archived from
195:Other commentators, such as
697:"The Enemy of All Humanity"
613:customary international law
276:customary international law
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754:International criminal law
600:, which provides that the
493:(also referred to as the “
205:unlawful enemy combatants
38:. Before the adoption of
518:Yoo, John (2012-06-07).
423:II Commission of Inquiry
389:Jonsson, Stefan (2008).
296:Prosecutor v. FurundĹľija
130:the pirate via means of
40:public international law
759:Latin legal terminology
419:Submission to the HMAS
325:Aut dedere aut judicare
240:Filártiga v. Peña-Irala
185:aut dedere aut judicare
734:Universal jurisdiction
452:"(The) Summary Method"
360:Universal jurisdiction
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258:of Paraguay (in their
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124:drumhead court-martial
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695:Luban, David (2018).
312:hostis humani generis
287:hostis humani generis
281:hostis humani generis
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256:military dictatorship
234:hostis humani generis
201:hostis humani generis
190:hostis humani generis
111:hostis humani generis
22:Hostis humani generis
72:, and the status of
573:(1908), as well as
524:Wall Street Journal
365:Protect America Act
260:individual capacity
98:classical antiquity
34:that originates in
585:just follow orders
253:Alfredo Stroessner
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70:proscription
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749:Anti-piracy
68:concept of
32:term of art
744:Piracy law
728:Categories
681:0143039881
644:2008-09-10
621:common law
544:legal body
529:2016-08-13
466:2009-05-10
433:2009-05-10
377:References
340:Homo sacer
94:allegiance
84:Background
76:homo sacer
55:common law
179:hijackers
156:HMS
152:Ascension
134:from the
66:civil law
57:"writ of
670:(2006).
606:Felonies
602:Congress
345:Outlawry
319:See also
213:Iraq War
197:John Yoo
148:coercion
136:yard-arm
59:outlawry
355:Torture
330:Banning
301:In the
266:of the
175:bandits
171:pirates
132:hanging
128:execute
106:pillage
48:slavers
44:pirates
678:
610:codify
550:, the
421:Sydney
399:
274:, and
270:, the
247:, the
158:Falcon
90:piracy
427:(PDF)
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219:and
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