Contents • • • • • Background [ ] (also called 'the high seas') have their own customs and usage, rules and articles, and. Unlike the case with, above the high-tide mark, where title, ownership, and sovereignty are created by law based around use and possession, no nation may claim as its territory the high seas, for continuous use and possession of them is impossible; as such, no nation may thus forbid through the high seas. The high seas, since they cannot be owned by anyone, are held, and every nation is held to have a separate and equal right to have its ships navigate over them; this is the concept of mare liberum, or the. As the sea is the common property of all, the perils of the sea and of navigation are shared by all mariners, and all nations. A law of amity and holds among the seafaring powers, especially in regard to matters related to the protection of life and to a lesser extent, property; for instance, the law stipulates the obligation of every mariner to assist those who are shipwrecked, and the obligation of every harbormaster to provide to any vessel in need during a storm, regardless of the flag it flies. Perhaps the oldest of the laws of the sea is the prohibition of, as the peril of being set upon by pirates, who are not motivated by national, is shared by the vessels and mariners of all nations, and thus represents a crime upon all nations. Since the time of the Ancient Romans, pirates have been held to be individuals waging private warfare, a private campaign of and, against not only their victims, but against all nations, and thus, pirates hold the peculiar status of being regarded as 'hostis humani generis', the enemies of humanity. Since piracy anywhere is a peril to every mariner and ship everywhere, it is held to be the universal right and the universal duty of all nations, regardless of whether their ships have been beset by the particular band of pirates in question, to capture, try by a regularly constituted or (in extreme circumstances, by means of a convened by the officers of the capturing ship), and, if found guilty, to the pirate via means of from the of the capturing ship, an authoritative. Although summary battlefield punishment was conducted by certain nations at certain times with regard to pirates, it was regarded as irregular (but lawful if the attenuation of due process was dictated by urgent military necessity), as individuals captured with pirates could potentially have a defense to charges of piracy, such as coercion. For instance, in early 1831, the 250-strong crew captured off was brought to Ascension and summarily hanged, as they were acting in a rebellious manner and threatening to overthrow the 30-man crew of HMS Falcon, a British sloop-of-war, which took them captive. As the summary punishment in this case was due to military necessity, there was clear evidence of the offense, and it was done proximate in time and location to the battlefield, it can be classified as merely irregular, and not a violation of the custom of the sea. In more recent times, much of the customary law of the sea has been codified. Piracy is the broadest exception to the principle that a ship on the is subject to the protection of, and jurisdiction of, its. Piracy is considered an offense of, such that any state may board and seize a ship engaged in piracy, and any state may try a pirate and impose punitive sanctions in accordance with that state's own laws. A solis ortus cardine is a Latin hymn, written in the first half of the fifth century by the early Christian poet Sedulius. The abecedarius recounts in 23 quatrains. Piracy is defined in Article 101 of the, and the also regulates this exercise of jurisdiction. The tradition of classing the pirate as 'hostis humani generis' has been expanded to one other particular class of seafaring criminal, that of the, who, by trafficking in human flesh upon the high seas, is similarly held to be in a state of war against all humanity. These treaties, as well as the, allow states to act similarly against slavers. Although the tradition of has been in decline over the past several centuries and international treaties are held to have abolished it, privateering, or the use of private ships as raiders of commerce of the enemies of the sovereign whose flag the privateer flies, is not considered piracy but warfare against a particular national enemy, and thus does not represent a crime against the customary international law, provided those involved adhere to the law of naval warfare. Theorized extended usages of the term [ ] The land and airborne analogues of, and are not subject to universal jurisdiction in the same way as piracy; this is despite arguments that they should be. [ ] Instead these crimes, along with terrorism, torture, crimes against internationally protected persons and the financing of terrorism are subject to the principle (meaning prosecute or extradite). In the current global climate of international terrorism some commentators have called for terrorists of all sorts to be treated hostis humani generis. Other commentators, such as and various U.S. Federal court, have called for the extension of this hypothetical connection of 'hostis humani generis' from pirates to hijackers to terrorists all the way to that of '. Unlawful enemy combatants, or persons captured in war who do not fight on behalf of a recognized sovereign state, have become an increasingly common phenomenon in contemporary wars, such as,, and; nevertheless, 'unlawful enemy combatants' have also fought in wars of historical interest, including the American Revolutionary War. [ ] These commentators [ ] opine that because unlawful enemy combatants do not fight for a recognized sovereign state they are therefore 'hostis humani generis', and can be put on trial using a and subjected to for engaging in hostilities typically associated with warfare, such as throwing a grenade at soldiers in a battle or killing a soldier in a firefight. [ ] Actual extended usages of the term [ ] The only actual extension of 'hostis humani generis' blessed by courts of law has been its extension to torturers. This has been done by decisions of U.S. And international courts; specifically, in a case tried in the United States in 1980,,, the ruled that it could exercise jurisdiction over agents of the (in their ) who were found to have committed the crime of torture against a Paraguayan citizen, using its jurisdiction under the Offenses Clause of the, the, and. In deciding this, the court famously stated that 'Indeed, for purposes of civil liability, the torturer has become like the pirate and slave trader before him hostis humani generis, an enemy of all mankind.' This usage of the term hostis humani generis has been reinforced by the ruling of the in the conviction of a torturer in Prosecutor v. Furundžija, marking its acceptance as a peremptory norm, part of the customary international law, held as, applying, upon any and every state and human individual without exception or reservation whatsoever. See also [ ] • • • • • • • • • Section 105B(l) • Notes [ ]. • Ward, ed, Graham (2006-02-21). Submission to the Commission of Inquiry, ed. Australia: Ministry of Defense. Retrieved 2009-05-10. CS1 maint: Extra text: authors list () • ^ Brantly, ed., W.T. The Columbian Star & Christian Index. Philadelphia, Pennsylvania, USA: Martin & Bolden. Retrieved 2009-05-10. CS1 maint: Extra text: authors list () • (also referred to as the “”) was adopted by the United Nations General Assembly on 14 December 1973. Retrieved 2016-08-13. • Under the legal principles of the United States, the government of a nation, as a, cannot be held liable for willful or intentional acts against its, the, or its internal laws. This is because a government is a creature created by action of positive law, and therefore, as a creature of law, cannot act in a matter inimical to the very thing that gives it meaning. However, this poses a problem: what if a government does act unlawfully? How can this conduct be punished? Over the years, the courts have created a so as to give relief to victims of unlawful governmental acts. This fiction supposes that these unlawful acts are not engaged, conspired, or otherwise directed by the government in question, but by the individual officers of a government who carried out the unlawful acts. Therefore, even though a government may not be held liable for acts committed in its name, individual government agents who commit acts against the Constitution or the law of nations can be held personally liable. (Indeed, their liability is heightened, as they acted under, gravely aggravating the magnitude of the offense; see, (1908), as well as, (1971).) This provides an incentive to government agents not to ' when those 'orders' are criminal. • Article 1, Section 8, Clause 10 of the, which provides that the is granted the power to '[t]o define and punish Piracies and on the high Seas, and Offenses against the Law of Nations'; this clause both expressly provides that the Congress may into federal law, and implicitly recognizes this law, or, as it has been known, since time immemorial, as the, as a source of law outside of the Constitution, like the is. Archived from on 2008-03-13. Retrieved 2008-09-10. And Noyes, J. 'International Law: Cases and Commentary (3rd ed.)', Page 148 (2006) Look up in Wiktionary, the free dictionary. Colorful Combinations What was once just a simple green leafy plant has now become a rich palette of colors that acts as the backdrop to many shade gardens. Within the course of its fairly recent life in horticulture, hosta plants have been hybridized, divided, shared, and mutated many times to create what we see today. As a whole, hostas are genetically unstable plants. This causes them to mutate fairly regularly, or 'sport.' A 'sport' is when a hosta that may be typically all green sends up a new leaf that is variegated. This variegated portion is called a 'sport' and if it is fairly stable (meaning it doesn't go back to green after a while), it can be divided and treated as a new plant. You may occasionally see some blooms Above the foliage of hostas. While some blooms are small and not the showiest in the garden, others are worth keeping. Some hostas boast exceptionally long, tubular white blooms that have an intoxicating fragrance similar to of jasmine or gardenia. On a warm night, these plants can richly perfume any garden space. The decision is up to you— or let them remain to grace your garden. Hosta Care Must-Knows You are sure to find a hosta to love with well over 3,000 registered cultivars to choose from. Luckily, hostas are some of the toughest plants around and, with a few general rules of thumb, you can easily grow these in your own garden. While drought-tolerant, hostas do not like being left too dry. These plants prefer to be in rich, well-drained soil with a constant supply of moisture. They can stand up to drought but not for too long. Consider light when choosing a place to plant your hostas. While almost all hostas can handle full shade, some thrive in full sun. Varieties with variegated leaves will show best color in at least part sun—in too much shade, these varieties may turn back to an all-green color. Blue-leaf varieties prefer some shade and do better in cooler climates. Ideal sunny-spot hostas include deep green varieties—just be careful about placing in full sun if the leaves have any white patches. Because these plants are such quick growers, and shared with friends. The best time to do this is in the spring when the foliage emerges so that you have a better idea of where to cut. However, because hostas are such tough plants, you can divide them any season without too much risk. Just make sure to give them plenty of water if you divide in the heat of summer. Pesky Pests The downside to these versatile perennials is that they are commonly preyed on by pests. Deer, rabbits, and even slugs love to make a meal out of tender hosta plants. If you have a particularly special hosta plant, cage it early in the spring so its new growth doesn't become a healthy salad for would-be predators. Along with visible pests, hostas are also prone to a few less noticeable fiends. Foliar nematodes have become a recent problem for hostas. Most common in the summer, these microscopic worms eat through leaf veins of the hosta, which causes the leaves to yellow and eventually brown. Unfortunately, there is no known fix for foliar nematodes, and infected plants should be tossed to prevent spreading. Another newer pest problem that hostas tend to endure is Hosta Virus X. This tricky virus causes mottling of the foliage that almost looks ornamental in some cases. In fact, before this virus was properly identified, some varieties were introduced into the plant trade as having novel foliage, which was actually due to the virus. If you see mottled leaves, send samples to your local extension office for testing. If positive, discard the infected plants to prevent them from spreading to others. Astilbe brings a graceful feathering note to moist, shady landscapes. In cooler climates in the northern third or so of the country, it can tolerate full sun provided it has a constant supply of moisture. In drier sites, however, the leaves will scorch in full sun. Feathery plumes of white, pink, lavender, or red flowers rise above the finely divided foliage from early to late summer depending on the variety. It will spread slowly over time where well-situated. Most commercially available types are complex hybrids. Perfect for cottage and woodland gardens, old-fashioned columbines are available in almost all colors of the rainbow. Intricate little flowers, they are most commonly a combination of red, peach, and yellow but also blues, whites, pure yellows, and pinks; they look almost like folded paper lanterns. Columbine thrives in sun or partial shade in moist, well-drained soil. Plants tend to be short-lived but self-seed readily, often creating natural hybrids with other nearby columbines. If you want to prevent self-seeding, deadhead plants after bloom.
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