“Letters of marque” might suggest privateers of the Elizabethan era or the American Revolution. But such conventions are duly covered in the US Constitution, and the private military instruments they sanction are very much at work today in the form of mercenaries and military contractors. A history of such practices up to the present day, Marque and Reprisal by Kenneth B. Moss offers unique insight into the role of private actors in military conflicts and the reason they are increasingly deployed in our day. Along with an overview of mercenaries and privateers, Marque and Reprisal provides a comprehensive history of the “marque and reprisal” clause in the US Constitution, reminding us that it is not as arcane as it seems and arguing that it is not a license for all forms of undeclared war. Within this historical context Moss explains why governments and states have sought control over warfare and actors—and why private actors have reappeared in force in recent conflicts. He also looks ahead to the likelihood that cyberwar will become an important venue for “private warfare.” Moss wonders if international law will be up to the challenges of private military actors in the digital realm. Is international law, in fact, equipped to meet the challenges increasingly presented in our day by such extramilitary activity? A government makes no more serious decision than whether to resort to military force and war; and when doing so, Moss suggests, it should ensure that such actions are accountable, not on the sly, and not decided in the marketplace. Marque and Reprisal should inform future deliberations and decisions on that count.

Globalization and a dramatic rise in security threats to commercial interests over the last decade have brought increased legal debate to the forefront of state attention. As the U.S. looks for methods to deal with maritime piracy and cyber exploitation, perhaps policymakers should look back through history to letters of marque and reprisal, important tools for the U.S. during the American Revolution and War of 1812. While changes in warfare and developments in international law have largely vanquished their role, Congressional authority to issue such letters remains, having never been repealed. Does this Constitutional power have present merit as a useful instrument for dealing with modern security threats? This strategy research paper examines the history of letters of marque and reprisal within the development of U.S. and international law and reviews the current state of maritime piracy and cyber exploitation. It then proposes a conceptual framework for resurrecting a letter of marque and reprisal system as a means of addressing contemporary security threats within an environment of constrained military budgets and rebalanced national focus.

“Marvelously compelling . . . consummate military-adventure science fiction.”—SciFi In the aftermath of the cold-blooded assassinations that killed her parents and shattered the Vatta interstellar shipping empire, Kylara Vatta sets out to avenge the killings and salvage the family business. Ky soon discovers a conspiracy of terrifying scope, breathtaking audacity, and utter ruthlessness. The only hope against such powerful evil is for all the space merchants to band together. Unfortunately, because she commands a ship that once belonged to a notorious pirate, Ky is met with suspicion, if not outright hostility . . . even from her own cousin. Before she can take the fight to the enemy, Kylara must survive a deadly minefield of deception and betrayal. Praise for Engaging the Enemy “A fast-paced space adventure, with a heroine that will captivate readers.”—Omaha World-Herald “Excels in character development as well as in its fast-paced action sequences and intricate plotting.”—Library Journal “You’ll have fun with this one, for Moon keeps things moving.”—Analog

“An utterly satisfying adventure . . . In Kylara Vatta, Moon has created another tough and complex heroine.”—Scifi Though the exciting military career she hoped for never materialized, Ky Vatta still sees plenty of combat. An unknown adversary has launched a full-throttle offensive against Vatta Transport Ltd., Ky’s father’s interstellar shipping empire—killing most of Ky’s family. Fighting for her very survival, Ky is determined to avenge her family’s deaths. Teaming up with a band of stranded mercenaries, her black-sheep cousin Stella, and Stella’s roguish ex-lover, Ky struggles to penetrate the tangled web of political intrigue that surrounds the attacks. Amid suspicion and deception, she is prepared to take whatever measures are necessary to ensure that Vatta stays in business. What she’s not prepared for is the shocking truth behind the terror— and a confrontation with murderous treachery. . . . Praise for Marque and Reprisal “The intrigue-filled plot lends a marque of distinction.”—Entertainment Weekly “Excellent plotting and characters support the utterly realistic action sequences: swift, jolting, [and] merciless.”—Kirkus Reviews (starred review) “A gripping, action-packed book.”—Omaha World-Herald