...Although still enshrined in Constitutional canon, the fact that American citizens can be empowered to make war in a wholly private capacity skirts centuries-long understanding over “the laws of war.” At best, a letter of marque is to be issued only in the circumstance of a legally issued state declaration of war. Hence, a licensed corsair or privateer is akin to a sheriff’s deputy, who even as a private armed person is sworn to abide by the order and laws of the state.
History, however, does not support this best case. The plain truth — again, over centuries — tells the story of private naval enterprise practically unfettered. These are no Old West deputies under direct command of a U.S. Marshal. These are licensed raiders, serving autonomously, as flag-waving freebooters.
A letter of marque, the King’s signature notwithstanding, is simply licensed predation at sea — and this is under the most favorable aegis, when said letter is actually granted to a private person when the nation is at war. Yet most often, for the last 700 years, a letter of marque is really no more or less legal piracy.
But why would states want to create such a legal justification for attacking rivals and competitors, pesky inconvenient minor states, or in this case, drug traffickers?
Read in full here! https://responsiblestatecraft.org/letters-of-marque-cartels/
And Happy New Year to everyone!
best,
Kelley