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Leading the way; making a difference Click to edit Master title style LEGAL ASPECTS OF THE USE OF PRIVATE ARMED GUARDS Hellenic Mediterranean Panel 29 th March 2012 Michele White General Counsel, INTERTANKO
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Leading the way; making a difference Armed guards a commercial necessity or slippery slope? - 2009 – 117 attacks ; 46 successful hijacks – 39% - 2011 – 151 attacks ; 25 successful hijacks – 17% - 2012 – attacks up; success rate down again - BMP and military intervention insufficient - Wider use of private armed guards - No ship with PAGs successfully hijacked - Financial cost – in 2011 - USD 500 million? - Who do you trust? Standards? - --Regulation/Accreditation? - Standard contracts – GUARDCON? Overview
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Leading the way; making a difference Use of Armed Guards Who are the PMSCs? – –Private companies – –Private individuals – ex military (Royal Marines; US Navy Seals; Yemeni coastguard?) – –Governed by national not international laws – –Not military – –Not police – –BUT – they may use lethal force
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Leading the way; making a difference Do you need Armed Guards? Risk Assessment – –Current threat levels (MSCHOA, UKMTO, IMB, INTERTANKO Security Alerts) – –Ship’s proposed route – –Ship’s vulnerability – size, freeboard, manoeuvrability, BMP measures – –Ship’s cargo – –Risk of use of armed guards – misuse firearms, liability, escalation, compliance with national and international laws
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Leading the way; making a difference What to look for? Checklist – –General – – PMSC Background Information – –Selection and Vetting of individuals – –Training the team – –Insurance cover for the PMSC – –Size, Composition of the PCASP Team and their Equipment – –Command and Control of Onboard Security Team – –Management of Firearms and Ammunition from Embarkation to Disembarkation – –Rules on the Use of Force – –Reporting and Record Keeping – –Familiarisation for Master and the crew
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Leading the way; making a difference Use of Force Are PMSC’s allowed : – –To carry weapons? – –To repel a piracy attack – –To seize, arrest, detain and handover – –To actively interdict pirates Duty to render assistance Relationship with the Master Jurisdiction?
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Leading the way; making a difference Carriage of Firearms Mainly National/Domestic Laws Law of the Flag of the ship Port/coastal state Types of solution Regulations on embarkation/disembarkation Licensing individuals or particular type of weapon Export/end user licences Soft law IMO Guidelines National guidelines Industry guidelines
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Leading the way; making a difference Repelling an attack? Private armed guards can use force to: – –Defend from an attack – –Includes right to self defence/defence of others – –May include use of lethal force in extreme Private armed guards may not: – –Delay, disrupt or seize a pirate ship Governed by: – –Domestic criminal law – –Soft laws on PMSCs
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Leading the way; making a difference Seize, arrest, detain, interdict? Seizure on account of piracy – –Warships/government ships only Arrest, detain, handover? – –SUA Convention Interdict pirates – –Warships/government ships only
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Leading the way; making a difference Duty to Render Assistance? Treaty obligations including: International Convention on Search and Rescue International Convention on Safety of life at Sea (SOLAS) Duty of ships with PMSCS to render assistance to: Other merchant vessels in distress Alleged pirates in distress BUT not absolute obligation assess danger to ship, crew and passengers
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Leading the way; making a difference The Master and the PMSC Who decides on use of force? – –The master? – –PMSC? Considerations – –Master ultimate responsibility for safety – –Individual’s right to self defence – –Expertise of PMSC – –Contractual clauses
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Leading the way; making a difference Jurisdiction - What if….? Greek Flag Vessel UK PSC and armed guards Exchange of fire Somali pirate killed Ukrainian crew injured Pollution incident High seas? Territorial Waters? Who decides?
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Leading the way; making a difference Thank you
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