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The term hostis generis humani is an ambiguous one. In his article ‘The Enemy of All Humanity,’ David Luban illuminates how the term has been deployed in different ways throughout history.1 These different uses are related, but also denote different classes of criminals and different types of ‘heinousness.’ Consequently, he analyses three dimensions of ambiguity: is hostis generis humani a substantive or a jurisdictional concept? How do we understand the war-talk term ‘enemy’ in a legal context? And what does ‘humanity’ actually mean? To resolve these ambiguities and to undo the term from its dehumanizing potential, Luban urges us to reclaim the hostis generis humani as a member of humanity, rather than to exclude him.2 He argues that, despite its intrinsic ambiguity and potential abuse, there is no reason to erase the term from our moral vocabulary as long as we insist that the ‘enemy of humanity’ is part of and accountable to humanity.

‘Cruel Men Can Do Kind Things and Kind Men Can Do Cruel Things’