The legal implications surrounding the use of private armed guards on board merchant vessels

Abstract

This thesis examines the legal implications that arise due to the use of Private Armed Guards on board merchant vessels. These guards are employed to protect merchant vessels from the maritime security threats of piracy and armed robbery at sea. Although multinational naval forces have been deployed to try and curb these threats, such efforts where not deemed to be sufficient. This resulted in the shipping industry resorting to the services of Private Maritime Security Companies. The introduction of these private maritime security contractors highlighted a lacuna in international law, especially when one considers that the 1982 United Nations Convention on the Law of the Sea does not specifically cater for their use. Some of the questions raised by the hiring of such guards pertain to the use of force, carriage of weapons, accountability and jurisdiction. International organisations such as the International Maritime Organisation, which as of yet has not officially endorsed the use of these guards, has nonetheless tried to address these concerns by issuing its own guidelines and recommendations. Although they are not legally binding they are still having a profound effect on the effort to regulate these private entities. Furthermore, certain States have tried to regulate their use however such regulations differ from one jurisdiction to another and hence there is a degree of uncertainty. Therefore, the reality is that such armed personnel are not adequately regulated and thus there is an apparent need to establish a form of universal regulation. This would go a long way in achieving more clarity as to the role of such guards in the maritime security industry and also have a structure in place, which would promote the use of reliable, professional, and effective armed security personnel.