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US Bodily Injury News November 2011


Legal issues that arise when armed guards are on board ship


A. Use of force There is currently no international convention or regulation which states what force or what measures can be used lawfully to defend against a pirate attack. In international waters, the governing law is the law of the flag state. In territorial waters, the governing law is the law of the coastal or port state.


On board the vessel, the security personnel should be bound by clear Rules for the Use of Force (RUF).The RUF should clearly set out the protocols and measures to be taken in the event of a pirate attack.The IMO guidance for RUF states that firearms should not be used against persons, except in self defense or in the defense of others, if there is an imminent threat of death or serious injury.The RUF should comply with the law of the flag state and ideally should be approved by the flag state before being implemented.


B. Chain of command Both the SOLAS Convention and the ISPS Code require that the Master of the vessel have full authority and ultimate responsibility of the ship. However, security personnel onboard a vessel may want discretion to use force without the authorization of the Master, especially if they think it is necessary for self defense. Thus, there


may be a degree of tension between the security personnel wanting to have some degree of control and discretion in their use of force and the requirement that the Master have ultimate authority and responsibility for the ship.


This tension was mentioned by the master of the Maersk Alabama when he addressed the United States Senate a few years ago. He stated, “I am not comfortable giving command authority to others. In the heat of the attack, there can only be one final decision maker.”


C.Weapons licensing If a ship is going to carry weapons, they must be properly licensed.The laws which govern the carriage and use of the weapons are complex. There are serious civil and criminal penalties if there is a breach of the weapons licensing laws. On top of that, there are significant international concerns about the proliferation of arms – with worries that weapons could end up being used in crimes, terrorism or civil war. Shipowners must be careful to ensure that the security companies have obtained proper licenses.


Security Companies


There are currently no international regulations or accreditation for maritime security companies. The IMO and several P&I clubs have issued


Armed guards and other resources


Among the questions regularly asked by Members are what the cover and regulatory issues relating to armed guards.


A table of the regulations relating to the use of armed guards aboard merchant ships is published in the Maritime Security & Piracy section of our website.


www.ukpandi.com/fileadmin/uploads/uk-pi/ Documents/Piracy/privatearmedguardsflag stateregs.pdf


This table offers guidance on the regulations of 22 different flag states. For each of these states the table collates regulations relating to the authorisation of arms on board, terms and conditions to be noted in agreements with contracting providers of armed guards, any national official guidance available as


well as miscellaneous additional information.


This table is reproduced by kind permission of the International Chamber of Shipping and the European Community Shipowners Association. We would stress that the situation regarding piracy in the region and the rules and regulations relating to armed guards can change at short notice. This table is intended as general guidance and not as a substitute for professional advice or consultation with flag state authorities and their representatives.


The Club’s piracy section has been reorganised in an effort to make the information it contains more accessible and easier to reference. Key references such as the BMP 4 and broad IMO guidance to shipowners on questions of armed guards are placed at the head of this section.


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