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April 09, 2009

On Pirates, and Terrorists

Interesting post about what the law had been, at least until recently.

Our problem with pirates is the same as the one with al Qaeda et al. We have extended legal rights to people who do not deserve them. We need to return to an important distinction first made by the Romans and subsequently incorporated into international law by way of medieval and early modern European jurisprudence, e.g. Grotius and Vattel. The Romans distinguished between bellum, war against legitimus hostis, a legitimate enemy, and guerra, war against latrunculi — pirates, robbers, brigands, and outlaws — "the common enemies of mankind."

The former, bellum, became the standard for interstate conflict, and it is here that the Geneva Conventions and other legal protections were meant to apply. They do not apply to the latter, guerra — indeed, punishment for latrunculi traditionally has been summary execution. Until recently, no international code has extended legal protection to pirates.

So first, we should revive that distinction. When they are caught, they should be hanged.

More at the post.

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posted by Ace at 11:35 AM

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