Hostis humani generis: Difference between revisions
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'''''Hostis humani generis''''' is a legal phrase meaning "enemy of all mankind", a term more of custom than formal definition. Historically, it applied to persons whose acts both threatened all societies, and also took them outside national jurisdiction, such as [[piracy]] and [[slavery]]. After the [[Second World War]], [[genocide]] was usually considered within its scope, and transnational [[terrorism]] is now part of the general usage. | '''''Hostis humani generis''''' is a legal phrase meaning "enemy of all mankind", a term more of custom than formal definition. The term may have first been used by the Roman statesman [[Cicero]], ''"Pirata est hostis humani generis"'', “a | ||
pirate is the common enemy of humankind.” <ref name=McMillan>{{citation | |||
| url = http://www.ndu.edu/inss/Strforum/SF212/SF212_Final.pdf | |||
| journal = Strategic Forum, Institute for National Strategic Studies, National Defense Univerity | |||
| issue = 212 | date = November 2004 | |||
| title = Apocalyptic Terrorism: The Case for Preventive Action | |||
| author = Joseph McMillan}}</ref> | |||
Historically, it applied to persons whose acts both threatened all societies, and also took them outside national jurisdiction, such as [[piracy]] and [[slavery]]. After the [[Second World War]], [[genocide]] was usually considered within its scope, and transnational [[terrorism]] is now part of the general usage. | |||
==Piracy== | ==Piracy== | ||
Persons suspected of complicity in these acts fell under early concepts of [[universal jurisdiction]]. Before slavery was generally accepted as wrong, piracy was condemned, and it was standard practice for any [[navy]] to apprehend, and sometimes summarily try and execute, pirates | Persons suspected of complicity in these acts fell under early concepts of [[universal jurisdiction]]. Before slavery was generally accepted as wrong, piracy was condemned, and it was standard practice for any [[navy]] to apprehend, and sometimes summarily try and execute, pirates. | ||
Piracy is now covered by the [[United Nations Convention on the Law of the Sea]].<ref name=UNCLOS-7>{{citation | The exception for [[privateering]] was removed by an annex to the [[Declaration of Paris (1856)]] that ended the [[Crimean War]]; Britain and France, at the start of that war, had renounced privateering. While not all seafaring nations ratified it, it became ''de facto'' customary international law. | ||
Piracy is now covered by the [[United Nations Convention on the Law of the Sea]] (UNCLOS).<ref name=UNCLOS-7>{{citation | |||
| url = http://www.un.org/Depts/los/convention_agreements/texts/unclos/part7.htm | | url = http://www.un.org/Depts/los/convention_agreements/texts/unclos/part7.htm | ||
|title = United Nations Convention on the Law of the Sea of 10 December 1982 | |title = United Nations Convention on the Law of the Sea of 10 December 1982 | ||
| author = Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, [[United Nations]] | | author = Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, [[United Nations]] | ||
| contribution = Part VII, High Seas}}</ref> | | contribution = Part VII, High Seas}}, Article 101</ref> | ||
==Slavery== | |||
UNCLOS also addresses slavery. <ref>UNCLOS, Article 99</ref> | |||
==Genocide== | |||
==Terrorism== | |||
McMillan cites the British jurist, Sir William Blackstone, who said "Given that a pirate, has renounced all the benefits of society and government, and has reduced himself afresh to the savage state of nature, by declaring war against all mankind, all mankind must declare war against him.”<ref>Commentaries on the Laws of England, IV.5.iii, 72, cited by McMillan, p. 2</ref> He argues that the transnational terrorist has placed himself in a similar role. | |||
==References== | ==References== | ||
{{reflist}} | {{reflist|2}} | ||
Revision as of 00:07, 20 February 2009
Hostis humani generis is a legal phrase meaning "enemy of all mankind", a term more of custom than formal definition. The term may have first been used by the Roman statesman Cicero, "Pirata est hostis humani generis", “a pirate is the common enemy of humankind.” [1] Historically, it applied to persons whose acts both threatened all societies, and also took them outside national jurisdiction, such as piracy and slavery. After the Second World War, genocide was usually considered within its scope, and transnational terrorism is now part of the general usage.
Piracy
Persons suspected of complicity in these acts fell under early concepts of universal jurisdiction. Before slavery was generally accepted as wrong, piracy was condemned, and it was standard practice for any navy to apprehend, and sometimes summarily try and execute, pirates.
The exception for privateering was removed by an annex to the Declaration of Paris (1856) that ended the Crimean War; Britain and France, at the start of that war, had renounced privateering. While not all seafaring nations ratified it, it became de facto customary international law.
Piracy is now covered by the United Nations Convention on the Law of the Sea (UNCLOS).[2]
Slavery
UNCLOS also addresses slavery. [3]
Genocide
Terrorism
McMillan cites the British jurist, Sir William Blackstone, who said "Given that a pirate, has renounced all the benefits of society and government, and has reduced himself afresh to the savage state of nature, by declaring war against all mankind, all mankind must declare war against him.”[4] He argues that the transnational terrorist has placed himself in a similar role.
References
- ↑ Joseph McMillan (November 2004), "Apocalyptic Terrorism: The Case for Preventive Action", Strategic Forum, Institute for National Strategic Studies, National Defense Univerity (no. 212)
- ↑ Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations, Part VII, High Seas, United Nations Convention on the Law of the Sea of 10 December 1982, Article 101
- ↑ UNCLOS, Article 99
- ↑ Commentaries on the Laws of England, IV.5.iii, 72, cited by McMillan, p. 2