Saturday, November 22, 2008

Real Pirates, Suppression, Law & Islam

The recent and very real reports of large-scale piracy near the criminal state of Somalia should be a clear signal for politicians, "statesmen", lawyers and jurists, insurers, diplomats and the military of all civilized nations to review the history of piracy and the support given it by some nations ruled by Muslims.

The early history of the USA provided a demonstration that paying off the Muslim pirates of North Africa with bribes and ransoms did not stop, but only encouraged, more piracy and other crimes (eg rape, enslavement and murder) on the high-seas. In those days of greater moral courage and rational, "politically incorrect", decision making, such pirates were dealt with by summarily destroying their ships, bombarding their bases-of-operation and hanging (After a very, very, summary "trial") individual pirates.

I see no reasons why the same summary and effective means should not be applied to the pirates of East Africa. After all, pirates are the "enemies of all humanity" as well established in international law which allows and encourages all real nations to attack and destroy them.

It should be specially noted that the "government" of Somalia declared that it is wrong for those pirates to attack the ships of Muslim nations (Implying that attacking the ships of other nations, including our and that of our allies, is "OK"). This is consistent with the laws and customs of Islam and naval forces from Islamic nations should not be allowed to interfere with the suppression of piracy anywhere---Or, be destroyed as accessories to piracy. Note Below

TO UNDERSTAND THE POTENTIAL OF DEFINING TERRORISM as a species of piracy, consider the words of the 16th-century jpan>pan>urist Alberico Gentili's De jure belli: "Pirates are common enemies, and they are attacked with impunity by all, because they are without the pale of the law. They are scorners of the law of nations; hence they find no protection in that law." Gentili, and many people who came after him, recognized piracy as a threat, not merely to the state but to the idea of statehood itself. All states were equally obligated to stamp out this menace, whether or not they had been a victim of piracy. This was codified explicitly in the 1856 Declaration of Paris, and it has been reiterated as a guiding principle of piracy law ever since.

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