Renewed focus on protecting innocents in fight against piracy
MAST has issued a warning to captains to take care in distinguishing pirates from innocent fishermen. The note anticipates rules to guide PMSCs when action can be taken in situations where safety is threatened.…
Fresh warnings on the problem of mistaken identity in self-protection measures against pirates, and a new set of rules on the issue of self-defence, have been issued putting renewed focus on the prevention of deaths of innocents.
The 100 Series Rules, which operate on an objective international law test of what is "reasonable and necessary" and "proportionate" when force is used as a lawful last resort in self defence, could be ready for publication by summer 2013, it was announced yesterday by drafting team member and founder of SAMI (Security Association for the Maritime Industry), Peter Cook. From on board naval ship Wellington, London, Cook outlined the need for the rules “In some cases (the use of force) has been offensive rather than defensive”, he said.
The 100 Series rules coincide with a note issued by MAST (Maritime Asset Security & Training) warning against the problem of mistaking fishermen for pirates in high-risk areas, resulting in unnecessary tragedies in the name of misplaced self defence:
“Masters are requested to take care that they distinguish between fishing vessels and potential pirates. Fishing vessels may approach a merchant ship to maximise fishing opportunities or to safeguard fishing nets and fishermen may carry small arms. Seamen are reminded to remain vigilant in order to distinguish between fishing vessels and potential pirates.”
This problem will be addressed to a large extent by the rules, with Stephen Kay QC, who carried out the criminal Legal Review of the 100 Series explaining that the rules clearly define what is meant by 'threat to life' and what action should be taken if that threat becomes apparent:
“Self defence can be employed if the threat to one’s life or that of another is immediate and imminent," he said.
Incidents of innocents – including the two fishermen shot by Italian Navy marines off the coast of Kerala in February 2012 – and other, recent accounts of how fine judgment is frequently called upon in volatile areas such as the Gulf of Aden and Indian Ocean, show how important these rules are.
Captain Raymond Heer, of motoryacht Andiamo, made the Gulf of Aden transit to the Med in spring of 2012. He recalled the professionalism of the security team on board, which in the hands of less skilled companies he said, could have easily gone wrong. Remembering a nerve-wracking moment when the yacht was off the coast of India, he said:
“We had a small boat that came at us at 22 knots; it actually rushed straight for us and we prepared as if they were going to attack. We had all four security guards on deck prepared to do what was necessary and the guy just stopped right next to us and tried to sell us a fish.”
In this instance the security company was well versed in procedure and did not react aggressively even though the vessel was a suspected pirate ship.
“They were very professional - they had a whole set of steps prior to shooting. They were standing on deck and prepared to fire, but…literally waiting for the pirates to do something before reacting.”
The fact there are still a large amount of unregulated companies – 20 per cent said Cook, with the remaining, usually larger Private Maritime Security Companies (PMSCs), already working within the spirit and intent of the 100 Series rules – shows the need for an international set of rules to bring all into line.
Enforcing the rules however is another matter, with security commentators doubting that a UK body has the influence to persuade all flag states and countries acting on it. To this end companies are coming up with their own commercial solutions. Specialist maritime intelligence company, Dryad, for example, has launched a Fleet Security Management package. As well as monitoring the evolving legal situation with respect to the guidelines, laws and amendments affecting security provision, Dryad is offering objective assessment of which PMSCs to choose.
Regulation and the best practice of PMSCs are part of the battle to combat piracy without unnecessary loss of life. Whether this can be the job of one body or set of rules, is another question and perhaps rests more realistically on the shoulders of each person, captain and yacht venturing to high risk areas.
A candid discussion on safety and security will take place at Superyacht Management Meeting: Port State Control & Security, on 26 June at Hotel 1898 in Barcelona.
Details on the conference programme and panelists to be announced soon. The cost to attend this management meeting, including lunch and dinner is available for just € 400.00. Click here to register your attendance, or call +44 (0) 20 7924 4004 for more information.
The 100 Series Rules, which operate on an objective international law test of what is "reasonable and necessary" and "proportionate" when force is used as a lawful last resort in self defence, could be ready for publication by summer 2013, it was announced yesterday by drafting team member and founder of SAMI (Security Association for the Maritime Industry), Peter Cook. From on board naval ship Wellington, London, Cook outlined the need for the rules “In some cases (the use of force) has been offensive rather than defensive”, he said.
The 100 Series rules coincide with a note issued by MAST (Maritime Asset Security & Training) warning against the problem of mistaking fishermen for pirates in high-risk areas, resulting in unnecessary tragedies in the name of misplaced self defence:
“Masters are requested to take care that they distinguish between fishing vessels and potential pirates. Fishing vessels may approach a merchant ship to maximise fishing opportunities or to safeguard fishing nets and fishermen may carry small arms. Seamen are reminded to remain vigilant in order to distinguish between fishing vessels and potential pirates.”
Not all suspected aggressors are pirates like the ones in this image, warns MAST
This problem will be addressed to a large extent by the rules, with Stephen Kay QC, who carried out the criminal Legal Review of the 100 Series explaining that the rules clearly define what is meant by 'threat to life' and what action should be taken if that threat becomes apparent:
“Self defence can be employed if the threat to one’s life or that of another is immediate and imminent," he said.
Incidents of innocents – including the two fishermen shot by Italian Navy marines off the coast of Kerala in February 2012 – and other, recent accounts of how fine judgment is frequently called upon in volatile areas such as the Gulf of Aden and Indian Ocean, show how important these rules are.
Captain Raymond Heer, of motoryacht Andiamo, made the Gulf of Aden transit to the Med in spring of 2012. He recalled the professionalism of the security team on board, which in the hands of less skilled companies he said, could have easily gone wrong. Remembering a nerve-wracking moment when the yacht was off the coast of India, he said:
“We had a small boat that came at us at 22 knots; it actually rushed straight for us and we prepared as if they were going to attack. We had all four security guards on deck prepared to do what was necessary and the guy just stopped right next to us and tried to sell us a fish.”
In this instance the security company was well versed in procedure and did not react aggressively even though the vessel was a suspected pirate ship.
“They were very professional - they had a whole set of steps prior to shooting. They were standing on deck and prepared to fire, but…literally waiting for the pirates to do something before reacting.”
Peter Cook, founder of SAMI
The fact there are still a large amount of unregulated companies – 20 per cent said Cook, with the remaining, usually larger Private Maritime Security Companies (PMSCs), already working within the spirit and intent of the 100 Series rules – shows the need for an international set of rules to bring all into line.
Enforcing the rules however is another matter, with security commentators doubting that a UK body has the influence to persuade all flag states and countries acting on it. To this end companies are coming up with their own commercial solutions. Specialist maritime intelligence company, Dryad, for example, has launched a Fleet Security Management package. As well as monitoring the evolving legal situation with respect to the guidelines, laws and amendments affecting security provision, Dryad is offering objective assessment of which PMSCs to choose.
Regulation and the best practice of PMSCs are part of the battle to combat piracy without unnecessary loss of life. Whether this can be the job of one body or set of rules, is another question and perhaps rests more realistically on the shoulders of each person, captain and yacht venturing to high risk areas.
A candid discussion on safety and security will take place at Superyacht Management Meeting: Port State Control & Security, on 26 June at Hotel 1898 in Barcelona.
Details on the conference programme and panelists to be announced soon. The cost to attend this management meeting, including lunch and dinner is available for just € 400.00. Click here to register your attendance, or call +44 (0) 20 7924 4004 for more information.
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