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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 6th October

Gulf of Guinea - Statistics

Attacks/Approaches by month, 2008 to 2012

0

5

10

15

20

25

30

35

40

45

50

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Calendar Month

Nu

mb

er

of

Att

ac

ks

20082009201020112012

Geo Strategic Situation

1000 NM

Rolling average based on last 6 ships released

250 DAYS +

Average duration by weight

SIZE 2010 2011

0- 20k dwt

179 90

20-40k dwt

148 208

40-60k dwt

139 220

60-80k dwt

215 220

80-100k dwt

100+ 216 150

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 28007

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.