A BARRISTER from London law firm has devised pirate-fighting rules for the use of force (RUF) which authorises live fire when a "ship and the persons on board are under attack when subject to force likely to result in death, serious bodily harm or abduction".
The rules were submitted by David Hammond, a barrister with 9 Bedford Row Chambers, an international criminal law firm, to the IMO's maritime safety committee in April and come up for review at its June meeting.
Under the proposed rules, "firearms may be held up and visually shown to a potential attacker as a warning and an accompanying verbal warning given by PCASP [privately contracted armed security personnel].
"Normal safety procedures shall be conducted on all firearms and the team leader shall command the PCASP to 'Load' firearms with ammunition at the designated loading bay. Loaded fire arms should have safety catches applied," said Mr Hammond's "100 Series RUF (Rules on the Use of Force)".
"Firearms may be used to fire aimed warning shots when it is assessed by the team leader or in the team leader's absence, other PCASP, that warning shots may deter a perceived attack," according to the proposals.
But there are several steps before armed security guards are entitled to move to live fire.
"In the event of any perceived attack by third parties the team leader or in the team leader's absence, other PCASP, shall advise the ships master or in the master's absence, the officer of the watch that he intends to invoke these rules for the use of force," said Mr Hammond's brief.
"Non-kinetic warnings [any warning short of gun fire] may be used where there is a reasonable belief that a craft is displaying behaviour similar to those of a potential attacker," said the brief.
Warnings may include the use of VHF, loud hailers, recorded defensive messaging equipment projected by electronic means, long range acoustic devices, evasive ship actions flashing lights, flares and non-lethal eye-safe lasers, water cannon or high pressure water hoses.
"A verbal warning is to be given by PCASP prior to firearms being discharged.
"Subject whenever necessary to the authorisation of the master, warning shots shall be deliberately aimed and fired at an assessed safe distance by PCASP around the attacker's craft. They are solely intended to further reinforce the deterrence of a perceived attack and no more rounds than are necessary should be fired," said the brief.
"Nothing in these rules shall be construed as a derogation of the master's authority under SOLAS [UN's Safety of Life at Sea convention]. Accordingly, the master always retains the authority to order the PCASP to cease firing. However, nothing in these rules shall compromise each of the PCASP's right of self-defence in accordance with applicable and relevant national and international law," said the brief.
Under the proposed rules, the master shall, at all times retain ultimate responsibility for the safe navigation and overall comma of the ship. Any decisions made by the master shall be binding and the PMSC must instruct the PCASP accordingly," said Mr Hammond's brief.
IMO&EU NEWS
12 May 2013 - 23:34
Piracy: IMO to review proposed rules on use of lethal force at sea
A BARRISTER from London law firm has devised pirate-fighting rules for the use of force (RUF) which authorises live fire
IMO&EU NEWS
12 May 2013 - 23:34
Piracy: IMO to review proposed rules on use of lethal force at sea
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