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July 23, 2005
Hostis humani generis
I may as well be the first to say "One man's pirate is another man's privateer". Ahem. That important business out of the way, this suggestion of defining those sassy Al Qaeda activists as pirates is a neat way round legal difficulties with treating them as criminals or prisoners of war (via Dean Esmay).
Coming up with such a framework would perhaps seem impossible, except that one already exists. Dusty and anachronistic, perhaps, but viable all the same. More than 2,000 years ago, Marcus Tullius Cicero defined pirates in Roman law as hostis humani generis, "enemies of the human race." From that day until now, pirates have held a unique status in the law as international criminals subject to universal jurisdiction—meaning that they may be captured wherever they are found, by any person who finds them. The ongoing war against pirates is the only known example of state vs. nonstate conflict until the advent of the war on terror, and its history is long and notable. More important, there are enormous potential benefits of applying this legal definition to contemporary terrorism.
So props to Marcus Tullius Cicero.
This exchange between Alexander and a pirate from Commonwealth, Book III has a contemporary resonance.
When Alexander inquired of a pirate by what right he dared to infest the sea with his little brigantine: “By the same right (he replied) which is your warrant for conquering the world.” This pirate was, forsooth, something of a philosopher in his way, for worldly wisdom and prudence instructs by all means to increase our power, riches, and estates. This same Alexander, this mighty general, who extended his empire over all Asia, how could he, without violating the property of other men, acquire such universal dominion, enjoy so many pleasures, and reign without bound or limit.
Posted by Ghost of a flea at July 23, 2005 09:53 AM
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