24 hour emergency response +44 20 7283 6999 PIRACY– Current Legal and Practical Considerations October 2012.

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Presentation transcript:

24 hour emergency response PIRACY– Current Legal and Practical Considerations October 2012

UK Arrests first “Pirate”

Energy Centurion 28 August 2012

Abu Dhabi Star – 5/6 September 2012

Gulf of Guinea

Orfeas – Position – Suspected hijacking 6 th October

Gulf of Guinea - Statistics

Attacks/Approaches by month, 2008 to 2012

Geo Strategic Situation NM 27 regional nations (14 with coastline)3 chokepoins16.8 million km280% of global energy reservesReligious center for 1.5 billion Muslims ships passing the Gulf of Aden 27 regional nations (14 with coastline)3 chokepoins16.8 million km280% of global energy reservesReligious center for 1.5 billion Muslims ships passing the Gulf of Aden Two vessels attack 400m out 9 th March

Rolling average based on last 6 ships released 250 DAYS +

Average duration by weight SIZE k dwt k dwt k dwt k dwt k dwt Free Goddess 22k dwt – 231 L Velvet 5.9k dwt – 219 Royal Grace 6.8k dwt - 207

Target : Time v Price Cant pay Wont pay Can pay

Smryni – 138 days

Are they pirates?

Article 101 Definition of piracy Piracy consists of any of the following acts: (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

Mavi Marmara

Fairchem Bogey

Enrica Lexie

SUA Convention Article 3 Any person commits an offence if that person unlawfully and intentionally performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; or injures or kills any person, in connection with the commission or the attempted commission of any of the offences set forth in subparagraphs (a) to (f).

Enrice Lexie - Jurisdiction Who has jurisdiction? Status of Forces Agreement State Immunity European Convention on Human Rights

Ransom is it legal ? Masefield v Amlin (2010) –Looked at whether ransom was contrary to public policy International Ransom Task Force

ARMED GUARDS Intro Shifting position of governments Licensing and Permits Choosing the Security Company –ISO Legal Issues Guardcon –Rules for the Use of Force

Floating armouies

Guardcon New BIMCO contract Published 26th March Multiple and single transits

Master’s Authority and Division of Responsibilities Clause 8 - Master has ultimate authority and overall command - Team Leader invokes Rules for the Use of Force - Individual responsibility for any decision taken on the use of force - Reinforces Master’s right to order a cease fire - Self defence in accordance with applicable laws is preserved.