RECONSIDERING THE LETTER OF MARQUE: UTILIZING PRIVATE SECURITY PROVIDERS AGAINST PIRACY

More recently criminal attacks on private shipping by Somali pirates have renewed concerns about maritime security. Once again private ventures are part of the response to the upsurge in piracy. Private security providers have played a significant role in Somalia's maritime security efforts over the last decade and their efforts have increased notably within the last two years. To take advantage of the private sector, Representative Ron Paul called on Congress to issue letters of marque and reprisal, deputizing private organizations to act within the law to disable and capture those engaged in piracy. This idea is textually grounded in the US Constitution, which expressly invests Congress with authority to define piracies on the high seas and to issue letters of marque. This article advocates a revival of the letter of marque to empower the private sector to assist governments in dealing with modern piracy. This article ultimately concludes that governments should give serious consideration to reutilizing letters of marque.