Legal Issues Arising From The Use Of Security Guards On Ships

What are the implications of stationing armed guards on board vessels in response to piracy?

Background

There has been a significant and rapid rise in the levels of piracy activity over the past few years, as pirate groups have become better resourced, better equipped and capable of attacking vessels further away from the coastline. The International Maritime Bureau Piracy Reporting Centre has received reports of 243 attacks on vessels, with 26 ships successfully hijacked between 1 January and 13 June 2011 alone. The perceived failure of the international community to adequately tackle the cause of the problem , or reduce the level of piracy activity, has led to repeated calls for flag states to permit armed guards to be stationed on vessels to protect ships and their crews from the threat of piracy.

The level of the problem is so serious that the chairman of the International Chamber of Shipping has stated that "many shipping companies have concluded that arming ships is a necessary alternative to avoiding the Indian Ocean completely, which would have a hugely damaging impact on the movement of world trade". Intense international pressure for reform and guidance has recently led the International Maritime Organisation to publish a circular entitled Interim Guidance to Shipowners, Ship Operators, and Shipmasters on the Use of Privately Contracted Armed Security Personnel on Board Ships in the High Risk Area. While this guidance is a welcome and much needed reform, there are still a considerable number of questions left unanswered.

Is the use of armed security guards effective?

It is an often repeated fact that to date, no ship has been successfully hijacked when armed guards have been stationed on board. In the view of an increasing number of shipowners, ship operators and cargo interests, armed security personnel are the most effective measure to defend against the threat of pirate attacks in high-risk areas. The logic underpinning their conclusion is simple; deterrence. It has been suggested that the presence of armed guards on board sends a clear signal to potential attackers that the vessel and crew are capable of taking strong defensive measures to protect themselves, significantly increasing the perceived risks of an assault on the vessel. In the circumstances, it has been argued that pirates will instead opt to attack ships with weaker defences, particularly in busy shipping areas.

There also appear to be economic reasons to use armed security forces to guard cargo vessels. It has been suggested that due to the greater levels of safety and security, the presence of armed guards will allow a vessel to travel through areas perceived to be a greater risk of pirate attack. This...