Tel: +44 (0) Fax: +44 (0) Website: www. marineprofessionals.co.uk 4th Floor Lloyd’s Building 12 Leadenhall Street LONDON EC3V 1LP Marine Professionals Casualty Investigation Consultancy Claims Support Piracy Captain John L. David Dublin IMCC th October 2007
Marine Professionals Casualty Investigation C onsultancy Claims support Introduction Piracy goes back to 13 th Cent. BC Julius Cesar - captured St Patrick- Irish Pirates Chinese mid-Qing Dynasty Stalin (at least twice) Vikings were probably the best Caribbean Dutch and English
Marine Professionals Casualty Investigation C onsultancy Claims support The Myth
Marine Professionals Casualty Investigation C onsultancy Claims support “Is that man wearing underwear Mister Mate?”
Marine Professionals Casualty Investigation C onsultancy Claims support The Reality
Marine Professionals Casualty Investigation C onsultancy Claims support The Deterrent
Marine Professionals Casualty Investigation C onsultancy Claims support Definitions Kidnapping for ransom Robbery Murder Seizure of items/the vessel Sabotage leading to sinking
Marine Professionals Casualty Investigation C onsultancy Claims support International Law Article 101 UNCLOS (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State; (b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).
Marine Professionals Casualty Investigation C onsultancy Claims support Piracy or not? Territorial waters - 12 mile limit Within the jurisdiction of the state they are not “pirates”, nor is it “piracy” Without commission from a sovereign nation
Marine Professionals Casualty Investigation C onsultancy Claims support Statistics IMB Statistical purposes Piracy + Armed Robbery “An act of boarding or attempting to board any ship with the apparent intent or capability to use force in the furtherance of that act”.
Marine Professionals Casualty Investigation C onsultancy Claims support Pirates?
Marine Professionals Casualty Investigation C onsultancy Claims support Piracy Practices Today Small fast boats/mother ships Small Navies – major trade routes Quick in and out - ruthless Money and personal effects Cargo/entire vessel/Phantom ships
Marine Professionals Casualty Investigation C onsultancy Claims support
Marine Professionals Casualty Investigation C onsultancy Claims support Figure To Date 15 killed in 2006 (+3 still missing) 9 months into 2007 Piracy+armed robbery up14% from 2006 Nigeria + Somalia even more dangerous 198 attacks (vs174 same period 2006) 15 vessels hijacked: 172 hostages More than 50 attacks at anchor 25% attacks on Bulk Carriers
Marine Professionals Casualty Investigation C onsultancy Claims support Piracy Africa
Marine Professionals Casualty Investigation C onsultancy Claims support Top 239 ships attacked in 2006 168 in: Indonesia (50) Bangladesh (47), Nigeria (12) Malacca (11) Somalia (10) Malaysia (10), Red Sea (10) Tanzania (9), Peru (9) Brasil moving into the charts Somalia 26 already this year
Marine Professionals Casualty Investigation C onsultancy Claims support Toys Inventus UAV: Unmanned plane with a camera Secure-Ship Electric fence for ships ShipLoc: Satellite tracking exact location of vessels
Marine Professionals Casualty Investigation C onsultancy Claims support Recent Cases “ACHILLE LAURO” (1985) PLO, Egypt, Klinghoffer Collision “OCEAN BLESSING” + “NAGASAKI SPIRIT”(1992) Hijack, Malacca, autopilot 2 survived “CHANG SONG” (1998) Customs, 23 killed, Firing squad “DANICA WHITE” $1.4 million ransom
Marine Professionals Casualty Investigation C onsultancy Claims support To Consider? Coverage and Claims Shot Crew- Malaria Cargo cover in jeopardy? Delay, damage, SOL cover Hull “damage” weed, leak, maintain Off Hire, no stores or fuel, speed + performance Recovery issues “safe voyage”?
Marine Professionals Casualty Investigation C onsultancy Claims support Return to Traditional Punishment
Marine Professionals Casualty Investigation C onsultancy Claims support Punishment – Change?
Marine Professionals Casualty Investigation C onsultancy Claims support It was a dark and stormy night
Marine Professionals Casualty Investigation C onsultancy Claims support Questions
Tel: +44 (0) Fax: +44 (0) Website: www. marineprofessionals.co.uk 4th Floor Lloyd’s Building 12 Leadenhall Street LONDON EC3V 1LP Marine Professionals Casualty Investigation Consultancy Claims Support Piracy Captain John L. David Dublin IMCC th October 2007