The Rule of Mammon or the Rule of Law?
Critical questions governing the use of armed guards in the fight against maritime piracy.
By John A. C. Cartner
Member, AdvanFort Company Board of Advisors
ABSTRACT
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If laws proscribe and prohibit, there are cases of crimes that all systems of law proscribe and prohibit. These are crimes against all humanity. Piracy is the oldest of these crimes and no matter whether there is Rule of Law or rule by law, piracy is prohibited as a crime. In international law there is the concept of jus cogens. This means a crime within certain fundamental, overriding principles of international law, from which no derogation is ever permitted. Ultimately armed guards are present to protect property from theft and to protect persons against injury. However, under the Rule of Law such actions must be lawful as to property and marauder and defender.