Ottoman Algeria in Western Diplomatic History with ... - Bibliothèque

confronts when looking into diplomatic relations between Algiers and the
western countries in general. Moreover, it helps understand the legal and
diplomatic contexts in which Algiers was operating when the United States
first made its appearance as an independent state in the Mediterranean after
1783. Finally, it serves as a basis to determine, by the same standards of
western legal thought and statutes, whether the actions of the corsairs of
Algiers were acts of piracy therefore condemnable under exiting international
law, or whether they were acts of war therefore captures, enslavement, and
tribute were legal practice sanctioned by the same existing laws. To handle this
issue properly, one needs to fit it within its contemporary legal and diplomatic
contexts—the historical and religious contexts have already been dealt with.
2. 1. Corsairing vs. Piracy
Corsairing is a history-long maritime occupation very distinct from
piracy. Its origins can be traced back to periods pre-dating the naissance of the
Ottoman province of Algiers. As early as the 13 th century, European statutes
and jurisprudence had developed legal definitions and case laws that
distinguished corsairs from pirates. Later, western specialized scholarship
expounded on existing legal tradition and maritime practice and gave way to a
new science relating to inter-state relations in which piracy and war occupied a
prominent position. By the time Algiers came to existence as a polity in early
16 th century, corsairing had already been clearly defined and legalized by
existing European statutes and emerging international law and piracy was
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