“Publique Enemies to Mankind” : International Pirates as a Product of International Politics

Abstract

The origins of modern international law are frequently sought in the Early Modern period, and piracy has often been accorded a major role in this development, as well as in the emergence of an international system of states. The chapter highlights how international law developed through a process that Kempe calls “integration by exclusion.” Specifically, the author focuses on the piratical exploits and subsequent trial of John Cusack, executed in 1675. The case illustrates how accusations of piracy as a crime against all nations was a central element in the emergence of international law in Europe and in the establishment of England’s claim to be an effective global sea power. This demonstrated its ability to project its jurisdiction at sea far beyond the country’s shorelines.