Why Not Mercenaries?

the AZEL PERSPECTIVE Commentary on Cuba's Future, U.S. Foreign Policy & Individual Freedoms - Issue 194

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Waging war is a very serious matter. Commendably, U. S. Presidents and Congress are very reluctant to authorize the use of the Armed Forces of the United States. And yet, the U.S. has enemies, and often the national interest requires the use of military force short of a formal declaration of war. Readers can insert here a contemporary hot spot of choice e.g., Iraq, Venezuela. Fortunately, the Founding Fathers, with uncanny prescience, anticipated that there would be times when it would be necessary to enact retribution without engaging in a costly and expansive war. In Article I, Section 8, the Constitution provides the following powers to Congress: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.” Essentially, a letter of marque and reprisal is a government license that authorizes a private entity to cross international borders to take some action in retaliation against an attack or injury. Up to the 19th century, being granted a letter of marque was considered an honor that combined patriotism and financial gains. Today, we often think pejoratively of the mercenaries engaged in such activities. Nonetheless, there are numerous large and powerful private military companies for hire worldwide. These companies are mostly staffed by elite former Special Forces personnel.  For example, in the U.S., Academi, and G4S are just two of the largest, in the U. K., Aegis Defence Services, and Control Risks are major firms. There are also large Australian, Russian, and South African private military companies. Procedurally, Congress authorizes, and the President signs, a letter of marque authorizing a private entity to carry our military operations for a specific purpose, and for a limited time. The recipient of the letter tenders a bond committing to strict observance of national and international laws and customs, and agreeing to be prosecuted for violations. There is always the potential for abuse. However, politically and practically, it is easier to hold accountable a private entity than to hold accountable the U.S. Armed Forces. The last time the United States issued a letter of marque was in 1815, during the Second Barbary War, when President James Madison authorized brig Grand Turk to cruise against “Algerine vessels, public or private, goods and effects, of or belonging to the Dey of Algiers.” In South America, Bolivia, lacking a navy, issued letters of marque to any vessels willing to fight for Bolivia at the beginning of the War of the Pacific in 1879. In 2001, after the September 11 attacks, Congressman Ron Paul introduced legislature to grant the President the authority to use letters of marque and reprisal against specific terrorists rather than waging war against a foreign state.  He also advocated for the use of letters of marque to deal with the Somali pirates in the Gulf of Aden. Congressman Paul argued that letters of marque would produce motivation for locals to act, thus making involvement of the U.S. Armed Forces unnecessary. Unfortunately, the Congressman’s proposals were not enacted. President Trump, and President Obama before him, have articulated a reluctance to commit U.S. ground forces to conflicts that may fall short of a definitive and imminent threat to our national security.  U.S boots on the ground is a politically charged condition to be avoided. On the other hand, inaction is not the best foreign policy approach for a powerful nation with international responsibilities.  Bringing back a modern version of letters of marque would be a helpful new tool for the conduct of U.S. foreign policy. It is a fully constitutional option that keeps our troops at home, while still allowing for forceful military action when necessary. When diplomacy is exhausted, and military action is called for, Congress and the President need more than the two binary options of, either a formal declaration of war, or inaction. Currently, covert actions, or executive orders of questionable constitutionality, are the Presidential alternatives. But neither may be adequate in some cases. So, why not bring back letters of marque? The Founding Fathers wrote them into the Constitution for good reason. Please let us know if you  this article. We welcome your feedback. Abrazos,  Lily & José  (click on the name to email Lily or Jose) José Azel, Ph.D. José Azel left Cuba in 1961 as a 13 year-old political exile in what has been dubbed Operation Pedro Pan - the largest unaccompanied child refugee movement in the history of the Western Hemisphere. He is currently dedicated to the in-depth analyses of Cuba's economic, social and political state, with a keen interest in post-Castro-Cuba strategies. Formerly, a Senior Scholar at the Institute for Cuban and Cuban-American Studies (ICCAS) at the University of Miami, Jose Azel has published extensively on Cuba related topics. In 2012 and 2015, Dr. Azel testified in the U.S. Congress on U.S.-Cuba Policy, and U.S. National Security.  He is a frequent speaker and commentator on these and related topics on local, national and international media.  He holds undergraduate and masters degrees in business administration and a Ph.D. in International Affairs from the University of Miami. José along with his wife Lily are avid skiers and adventure travelers.  In recent years they have climbed Grand Teton in Wyoming, trekked Mt. Kilimanjaro in Tanzania and Machu Pichu in Peru.  They have also hiked in Tibet and in the Himalayas to Mt. Everest Base Camp. They cycled St. James Way (El Camino de Santiago de Compostela) and cycled alongside the Danube from Germany to Hungary. They have scuba dived in the Bay Islands off the Honduran coast and in the Galapagos Islands. Their adventurers are normally dedicated to raise funds for causes that are dear to them.  Watch Joe & Lily summit Kilimanjaro. Books by Dr. José Azel "Liberty for beginners is much more than what the title promises. It is eighty themes touched with the wisdom of a master, and the charm of an excellent communicator. Anyone that wishes to understand why countries do, or do not progress, will find in this book the best explanations. If it was in my power, this work would be required reading for all college and university students, and I would recommend its reading to politicians, journalists, and policymakers. With this book Azel accomplishes what was achieved in France by Frédéric Bastiat, and in the United States by Henry Hazlitt: brings together common sense with intelligent observation, and academic substance. Stupendous" Carlos Alberto Montaner Buy Now "Libertad para novatos es mucho más de lo que promete el título. Son ochenta temas tocados con la sabiduría de un maestro y la amenidad de un excelente comunicador. Cualquier adulto que desee saber por qué progresan o se estancan los pueblos aquí encontrará las mejores explicaciones. Si estuviera en mis manos, esta obra sería lectura obligatoria de todos los estudiantes, tanto de bachillerato como universitarios, pero, además, se la recomendaría a todos los políticos y periodistas, a todos los policy makers. Azel logra con este libro lo que Frédéric Bastiat consiguiera en Francia y Henry Hazlitt en Estados Unidos: aunar el sentido común, la observación inteligente y la enjundia académica. Estupendo." Carlos Alberto Montaner Compre Aqui In Reflections on Freedom, José Azel brings together a collection of his columns published in prestigious newspapers.  Each article reveals his heartfelt and personal awareness of the importance of freedom in our lives.  They are his reflections after nearly sixty years of living and learning as a Cuban outside Cuba. In what has become his stylistic trademark, Professor Azel brilliantly introduces complex topics in brief journalistic articles. Buy Now En Reflexiones sobre la libertad José Azel reúne una colección de sus columnas publicadas en prestigiosos periódicos. Cada artículo revela su percepción sincera y personal de la importancia de la libertad en nuestras vidas. Son sus reflexiones después de casi sesenta años viviendo y aprendiendo como cubano fuera de Cuba.  En lo que ha resultado ser característica distintiva de sus artículos, el Profesor Azel introduce con brillantez complejos temas en  breves artículos de carácter periodístico. Compre Aqui Mañana in Cuba is a comprehensive analysis of contemporary Cuba with an incisive perspective of the Cuban frame of mind and its relevancy for Cuba's future. Buy now Pedazos y Vacíos is a collection of poems written in by Dr. Azel in his youth. Poems are in Spanish. Buy now

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