Legal Issues Related to Armament of Vessels*

Abstract

While the number of piracy in the Strait of Malacca and Indonesia is showing a pattern of decline, the number of piracy in the waters of Somalia is rapidly increasing. The waters of Somalia, linking the Suez Canal and the Indian Ocean, is a passage for a dense traffic of large containers and tankers, but the passage of these vessels also makes it a tempting target for the Somali pirates. The material and human losses from the frequent occurrence of piracy have led the international community to reach a resolution through the UN Security Council, and efforts are being made to repel piracy using warships and military airplanes. Although the UN states’ deployment of warships was partially effective in eradicating piracy, its employment showed limited effect in achieving the complete eradication of piracy. On the 23rd of May, 2011, the IMO adopted the 「Interim Guidance To Shipowners, Ship Operators, and shipmasters on the use of Privately Contracted Armed Security Personnel on board ships in the High Risk Area」 as a measure to prevent losses from piracy. Two main types of prevention measures can be considered to prevent losses from piracy. The first is to install weapons on the ships or to arm the crews with weapons to repel pirates. The second is to embark PMSC(Private Maritime Security Companies) PCASP(Privately Contracted Armed Security Personnel) onboard the ships, at the request of the shipping companies, to deter pirate attacks. This article will deal with a legal review on each measure to repel piracy.