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Hostis Humani Generis
(Latin for 'enemy of mankind') is a legal term of art that originates in admiralty law. Before the adoption of public international law, pirates and slavers were already held to be beyond legal protection and so could be dealt with by any nation, even one that had not been directly attacked. A comparison can be made between this concept and the common law "writ of outlawry", which declared a person outside the king's law, a literal out-law, subject to violence and execution by anyone. The ancient Roman civil law concept of proscription, and the status of conveyed by proscription may also be similar. Background Perhaps the oldest of the laws of the sea is the prohibition of piracy, as the peril of being set upon by pirates, who are not motivated by national allegiance, is shared by the vessels and mariners of all nations, and thus represents a crime upon all nations. Since classical antiquity, pirates have been held to be individuals waging private warfare, a private campai ...
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Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ...
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Admiralty Court
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offences. Admiralty courts in the United Kingdom England and Wales Scotland The Scottish court's earliest records, held in West Register House in Edinburgh, indicate that sittings were a regular event by at least 1556. Judges were styled "Judge Admiral" and received appointment at the hands of the Scottish High Admiral to hear matters affecting the Royal Scots Navy as well as mercantile, privateering and prize money disputes. From 1702 the judge of the court was also authorised to appoint deputies to hear lesser matters or to deputise during his absence. The Scottish court's workload was small until the mid-eighteenth century, with judges hearing no more than four matters in each sitting. After the 1750s the volume of cases rose until by 1790 it was necessary to maintain a daily log of decisions. The growth in caseload was related to increasin ...
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John Yoo
John Choon Yoo (; born July 10, 1967) is a Korean-born American legal scholar and former government official who serves as the Emanuel S. Heller Professor of Law at the University of California, Berkeley. Yoo became known for his legal opinions concerning executive power, warrantless wiretapping, and the Geneva Conventions while serving in the George W. Bush administration, during which he was the author of the controversial "Torture Memos" in the War on Terror. Yoo wrote the Torture Memos to determine the legal limits for the torture of detainees following the September 11, 2001, attacks, as a deputy assistant attorney general in the Office of Legal Counsel (OLC) of the Department of Justice. The legal guidance on interrogation authored by Yoo and his successors in the OLC were rescinded by President Barack Obama in 2009. Some individuals and groups called for the investigation and prosecution of Yoo under various anti-torture and anti-war crimes statutes. A report by th ...
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Aut Dedere Aut Judicare
In law, the principle of ''aut dedere aut judicare'' (Latin for "either extradite or prosecute") refers to the legal obligation of states under public international law to prosecute persons who commit serious international crimes where no other state has requested extradition. However, the Lockerbie case demonstrated that the requirement to extradite or prosecute is not a rule of customary international law. The obligation arises regardless of the extraterritorial nature of the crime and regardless of the fact that the perpetrator and victim may be of alien nationality.Hall, Stephen, ''International Law'' (2006) 2nd ed., Butterworths Tutorial Series, LexisNexis Butterworths It is generally included as part of international treaties dealing with an array of transnational crimes to facilitate bringing perpetrators to justice. Rationale The rationale for this principle is to ensure that there are no jurisdictional gaps in the prosecution of internationally committed crimes. It is, ...
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Protection Of Diplomats Convention
The Protection of Diplomats Convention (formally, the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents) is a United Nations anti-terrorism treaty that codifies some of the traditional principles on the necessity of protecting diplomats. Adoption The convention was adopted as a resolution of the United Nations General Assembly on 14 December 1973 in response to a series of kidnappings and murders of diplomatic agents, beginning in the 1960s. It was drafted by the International Law Commission (ILC), which began work on it in 1971. It was adopted within two years, which was exceptionally fast by ILC standards. Content Parties to the convention agree to criminalize the commission of murders or kidnappings of internationally protected persons as well as violent attacks against the official premises, private accommodation, or means of transport of such persons. Parties to the convention also agree to criminal ...
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Aircraft Hijacking
Aircraft hijacking (also known as airplane hijacking, skyjacking, plane hijacking, plane jacking, air robbery, air piracy, or aircraft piracy, with the last term used within the special aircraft jurisdiction of the United States) is the unlawful seizure of an aircraft by an individual or a group. Dating from the earliest of hijackings, most cases involve the pilot being forced to fly according to the hijacker's demands. There have also been incidents where the hijackers have overpowered the flight crew, made unauthorized entry into cockpit and flown them into buildingsmost notably in the September 11 attacksand in several cases, planes have been hijacked by the official pilot or co-pilot; e.g., Germanwings Flight 9525. Unlike carjacking or sea piracy, an aircraft hijacking is not usually committed for robbery or theft. Individuals driven by personal gain often divert planes to destinations where they are not planning to go themselves. Some hijackers intend to use passengers o ...
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Banditry
Banditry is a type of organized crime committed by outlaws typically involving the threat or use of violence. A person who engages in banditry is known as a bandit and primarily commits crimes such as extortion, robbery, and murder, either as an individual or in groups. Banditry is a vague concept of criminality and in modern usage can be synonymous for gangsterism, brigandage, marauding, and thievery. Definitions The term ''bandit'' (introduced to English via Italian around 1590) originates with the early Germanic legal practice of outlawing criminals, termed ''*bannan'' (English ban). The legal term in the Holy Roman Empire was ''Acht'' or '' Reichsacht'', translated as "Imperial ban". In modern Italian, the equivalent word "bandito" literally means banned or a banned person. The New English Dictionary on Historical Principles (NED) defined "bandit" in 1885 as "one who is proscribed or outlawed; hence, a lawless desperate marauder, a brigand: usually applied to members of t ...
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Maritime Piracy
Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, vessels used for piracy are pirate ships. The earliest documented instances of piracy were in the 14th century BC, when the Sea Peoples, a group of ocean raiders, attacked the ships of the Aegean and Mediterranean civilisations. Narrow channels which funnel shipping into predictable routes have long created opportunities for piracy, as well as for privateering and commerce raiding. Historic examples include the waters of Gibraltar, the Strait of Malacca, Madagascar, the Gulf of Aden, and the English Channel, whose geographic structures facilitated pirate attacks. The term ''piracy'' generally refers to maritime piracy, although the term has been generalized to refer to acts committed on land, in the air, on computer networks, and (in s ...
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Ascension Island
Ascension Island is an isolated volcanic island, 7°56′ south of the Equator in the South Atlantic Ocean. It is about from the coast of Africa and from the coast of South America. It is governed as part of the British Overseas Territory of Saint Helena, Ascension and Tristan da Cunha, of which the main island, Saint Helena, is around to the southeast. The territory also includes the sparsely populated Tristan da Cunha archipelago, to the south, about halfway to the Antarctic Circle. Named after the day of its recorded discovery, Ascension of Jesus, Ascension Island was an important safe haven as a coaling station to mariners and a refueling stop for commercial airliners back in the days of international air travel by flying boats. Ascension Island was garrisoned by the British Admiralty from 22 October 1815 to 1922. During World War II, it was an important naval and air station, especially providing antisubmarine warfare bases in the Battle of the Atlantic.Victory at S ...
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Custom Of The Sea
A custom of the sea is a custom that is said to be practiced by the officers and crew of ships and boats in the open sea, as distinguished from maritime law, which is a distinct and coherent body of law that governs maritime questions and offenses. Among these customs is the practice of cannibalism among shipwrecked survivors, by the drawing of lots to see who is to be killed and eaten so that the others might survive. Historical examples of "agreed" cannibalism Saint Christopher case In the early 17th century, seven Englishmen in the Caribbean embarked on an overnight voyage from Saint Christopher Island, but were blown out to sea and lost for 17 days. During this time, starving, they cast lots to see who would sacrifice his own life for the others. The lot fell to the man who had suggested the scheme, and he consented to his subsequent killing. His body sustained the rest until they made their way to Saint Martin. They were returned to Saint Christopher where they were put ...
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Yard-arm
A yard is a spar on a mast from which sails are set. It may be constructed of timber or steel or from more modern materials such as aluminium or carbon fibre. Although some types of fore and aft rigs have yards, the term is usually used to describe the horizontal spars used on square rigged sails. In addition, for some decades after square sails were generally dispensed with, some yards were retained for deploying wireless (radio) aerials and signal flags. Parts of the yard ; Bunt : The short section of the yard between the ''slings'' that attach it to the mast. ; Quarters : The port and starboard quarters form the bulk of the yard, extending from the slings to the fittings for the lifts and braces. ; Yardarms : The outermost tips of the yard: outboard from the attachments for the lifts. Note that these terms refer to stretches of the same spar, not to separate component parts. Controlling the yard The yard can rotate around the mast to allow the direction of the vess ...
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