On the Effectiveness of Private Security Guards on Board Merchant Ships Off the Coast of Somalia -- Where is the Piracy? What are the Legal Ramifications?
2014; RELX Group (Netherlands); Linguagem: Inglês
ISSN
1556-5068
AutoresBarry Dubner, Claudia Pastorius,
Tópico(s)Border Security and International Relations
ResumoThis article discusses the state of piracy off the coast of Somalia, and provides a brief history of the Somali situation. The purpose of the article is to examine the international rules, national laws, industry guidelines, and current practices regarding the engagement of private armed security guards on board merchant ships. The article also considers other counter-piracy measures, such as risk assessment procedures and other guidance on the matter set forth by the International Maritime Organization (IMO). The article analyzes a sample contract issued by the Baltic and International Maritime Council (BIMCO) for private armed guards and merchant vessels that illustrates how those parties manage their legal obligations. The article also considers the applicability of the Montreux Document to the human rights concerns implicated in using private armed security guards on merchant ships. The article concludes by noting that the great reduction in piracy activity and the lower success rate of pirate attacks may have prompted financiers who bankroll pirates to stop funding them.
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