Public enemy is a term used to describe a nation at war with the United States. The government of a foreign country, not a group of individuals within a country, must be at war with the United States for the nation to be considered an enemy of the state. international law. This term refers to the whole of a nation that is at war with another. It also means a citizen or subject of such a nation, as if we were calling it a foreign enemy. In an even broader sense, the word includes all subjects or citizens of a state who are on good terms with the United States, who have begun hostilities against the United States, or who have made preparations; and also citizens or subjects of a state with friendly ties to the United States, who are in the service of a state at war with them. 2. As a general rule, an enemy cannot enter into a contract that can be performed in court; But the rule is not without exceptions; for example, when a state explicitly allows its own citizens to trade with the enemy; And perhaps a contract could be executed for the bare necessities or for money so that the individual could return home. 7 Animal. R.
586. 3. A foreign enemy may not, as a general rule, sue a citizen of the United States in time of war, either in the courts of the United States or in the courts of the various States designating these two categories of persons; The first or the enemy of the state they called Hostis, and the second, or private enemy, inimicus. The FBI and the U.S. Department of Justice used the term “public enemy” in the 1930s, a time when the term was synonymous with “fugitive” or “notorious gangster.” It has been used in speeches, books, press releases and internal notes. The origin of the name “public enemy” dates back to the Chicago Crime Commission, which coined the term around 1930. “Public Enemy” attracted national attention, and the commission kept lists of its “enemies of the state,” which were published by the media. In addition, the term was popularized in 1931 by a film, “The Public Enemy”, in which James Cagney portrayed a gangster. The common use of the name “public enemy” became extinct during the Second World War. Hostis humani generis (Latin for “enemy of humanity”) is a legal term that has its origin in the law of the Admiralty.
Before the adoption of international law, pirates and slave traders were already considered excluded from legal protection and could therefore be dealt with by any nation, even if it had not been directly attacked. Perhaps the oldest law of the sea is the prohibition of piracy, for the danger of being attacked by pirates not motivated by national loyalty is shared by the ships and sailors of all nations and is therefore a crime for all nations. Since classical antiquity, pirates have been regarded as individuals waging a private war, a private campaign of plunder and plunder, not only against their victims, but against all nations, and therefore pirates have the special status of being considered hostis humani generis, the enemies of humanity. Since piracy is a danger to all seafarers everywhere and all ships everywhere, it is considered the universal right and duty of all nations, whether or not their ships have been harassed by the band of pirates in question, to be captured by a court martial or a regularly established admiralty court (in extreme circumstances, for example, by a court martial convened by the officers of the hijacked ship), and, if he is found guilty of executing the pirate by hanging him on the arm of the shipyard of the hijacked ship, an authoritative custom of the lake. [2] In public law, we mean either the nation at war with another, or a citizen or a subject of such a nation. Alien enemy. A foreigner, that is, a citizen or subject of a State or foreign power, who resides in a particular country, is called a “foreign friend” if the country in which he lives lives in peace with the country, its citizen or subject; But if there is a state of war between the two countries, he is called a “foreign enemy,” and in this character he is denied access to the courts or help from one of the ministries. Property of the enemy.
In international law, and in particular in the use of juries, this term refers to any property involved in or used in unlawful sexual relations with the enemy of the State, whether an ally or a citizen, because illegal trafficking confers on it a hostile character and attaches all the criminal consequences to it. The Benito Estenger. 176 U. S. 568, 20 Sup. ct. 489, 44 I ed. 502; The Sally, 8 Cranch, 382.3 L. Edition 507; In re Wechsler, 18 Black 36; Price case, 2 black. 674, 17 L.
ed. 459. A nation at war with the United States; as well as any citizen or subject of such a nation. Not included are thieves, thieves, private thieves or riots. The only real extension of hostis humani generis blessed by the courts was its extension to torturers. This has been achieved through decisions by U.S. and international courts; In particular, in a case heard in the United States in 1980, Filártiga v. Peña-Irala, 630 F.2d 876, the 2nd United States District Court ruled that it could exercise jurisdiction over agents of the Paraguayan government (in their individual capacity[8]) who had committed the crime of torture against a Paraguayan citizen, exercising jurisdiction under the punitive clause[9] of the United States Constitution. the Aliens Tort Claims Act and customary international law.
In its decision, the court stated: “In fact, for the purposes of civil liability, the torturer has become like the pirate and slave trader before him: hostis humani generis, an enemy of all humanity.” This use of the term hostis humani generis was reinforced by the judgement of the International Criminal Tribunal for the Former Yugoslavia in Prosecutor v. Furundžija. [10] [11] A comparison can be made between this concept and the common law “writ of outlaws,” which stated that a person outside royal law was a literal outlaw who was subjected to violence and execution by anyone. The ancient Roman concept of ostracism and the status of homo sacer conveyed by prohibition may also be similar. [1] Although summary punishment on the battlefield was applied by some nations at times against pirates, it was considered irregular (but legal when the weakening of due process was dictated by urgent military necessity), as individuals captured with pirates could potentially have a defense against piracy charges such as coercion. For example, in early 1831, the 250 crew members captured off Ascension were taken to Ascension and unceremoniously hanged while acting rebellious and threatening to run over the 30-man crew of HMS Falcon, a British sloop that had captured them. Since the summary sentence in this case was due to military necessity, there was clear evidence of the offence, and since it occurred in time and place near the battlefield, it can be classified as irregular and not as a violation of the custom of the sea. [3] This word, used in the singular, refers to a nation at war with the United States and includes any member of that nation.
To become a public enemy, the government of the foreign country must be at war with the United States; For a mob, however large, or thieves, whoever they may be, are never considered enemies of the state. In the 1961 Eichmann trial, the Jerusalem District Court did not explicitly classify Adolf Eichmann as hostis humani generis. However, the prosecution invoked the standard, which was eventually cited in the judgment in reference to piracy. [12] [13] An ordinary carrier is exempt from liability if the loss of goods in its custody was caused by the act of an enemy of the state, but the onus is on the ordinary carrier to prove that the damage was caused in that manner.