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THE INTERNATIONAL LEGAL FRAMEWORK FOR MARITIME SECURITY

THE INTERNATIONAL LEGAL FRAMEWORK FOR MARITIME SECURITY. Maritime Security Seminar Karlshamn, Sweden 16-17 October 2007 Max Mejia Assistant Professor World Maritime University. PIRACY IN ANCIENT HISTORY. King Minos of Crete (2000 BC?). Edward Teach a.k.a. Blackbeard. MODERN PIRACY.

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THE INTERNATIONAL LEGAL FRAMEWORK FOR MARITIME SECURITY

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  1. THE INTERNATIONAL LEGAL FRAMEWORK FOR MARITIME SECURITY Maritime Security Seminar Karlshamn, Sweden 16-17 October 2007 Max Mejia Assistant Professor World Maritime University

  2. PIRACY IN ANCIENT HISTORY King Minos of Crete (2000 BC?) m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  3. Edward Teach a.k.a. Blackbeard m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  4. m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  5. MODERN PIRACY

  6. MODERN PIRACY...from “subsistence pirates”

  7. MODERN PIRACY...to “organized syndicates” m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  8. GLOBAL VENTURE ALONDRA RAINBOW MEGA RAMA M/V Alondra Rainbow M/V Mega Rama M/V Global Venture

  9. Kidnap for ransom K f R • Somalia • Indonesia (GAM) • Philippines (ASG) m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  10. PIRACY & ARMED ROBBERY AGAINST SHIPShow big a problem is it?

  11. PIRACY & ARMED ROBBERY AGAINST SHIPSpotential for violence

  12. PIRACY & ARMED ROBBERY AGAINST SHIPSgeographical distribution

  13. PIRACY & ARMED ROBBERY AGAINST SHIPShow big a problem is it? Year 2006, worldwide: • Physical and psychological harm to seafarers • 188 taken hostage • 15 injured • 3missing • 162 ships boarded • 7 ships fired upon • 14 ships hijacked m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  14. ECONOMIC CONSEQUENCES • US$ Billions in annual losses for the world economy • Around US$ 10 thousand for each day’s delay in port • Potential environmental disaster - US$$$billions!!! m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  15. EXXON VALDEZ • initial cleanup over $2.1 billion. • settlement of civil charges, $900 million over a 10-year period • settlement of criminal charges, fine of $250 million. • Two "restitution funds" of $50 million each • $2.5 billion in punitive damages (awarded 22 Jan 2006) m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  16. MARITIME TERRORIST ATTACKS m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  17. October 1985 ACHILLE LAURO

  18. USS Cole Attack 12 October 2000

  19. Bombing of Our Lady of Mediatrix in Ozamis City in February 2002. m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  20. Limburg 6 October 2002

  21. Superferry 14explosion26 Feb 04

  22. MARITIME TERRORIST ATTACKS m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  23. PIRACY High probability Low impact Location: high seas Motivation: private ends, lucri causa TERRORISM Low probability High impact Location: anywhere Motivation: politic-al ends, coercion PIRACY vs TERRORISM m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  24. other threats to maritime security • MARITIME FRAUD • DRUG TRAFFICKING • REFUGEES AND ILLEGAL IMMIGRANTS • ARMS SMUGGLING • CRIMINAL SYNDICATES m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  25. being a stowaway… • is a crime • compromises SAFETY and SECURITY and poses a danger to – • him/herself • crew • passengers • cargo • ship m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  26. Stowawaysfinancial & social costspublic sector (once landed) • strain on the public health and welfare system • board and accommodation • administrative procedures • possible rise in illegal activities and criminality • social tension m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  27. fines due to stowaways being on board cost of guards ship delays time & manpower victualling expenses clean clothing bedding toiletries embassy fees jail detention expenses repatriation flights flights and accommodation ship delays expenses for escorts expenses incurred by agents Stowawaysfinancial & social costsprivate sector (shipping) m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  28. Economic refugees • Political asylum seekers • Criminals/terrorists m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  29. Wisteria (2004) • Panama-flagged reefer • 4 stowaways (Senegalese?) thrown overboard in the high seas • Chinese crew made clandestine report • South Korean captain – confessed • 5 murder suspects released • Spanish court ruled no jurisdiction • Flag state to conduct inquiry, take action m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  30. Wisteria (2004) • In the meantime, accused have already left Spain for home • Court case in Panama? • Doubtful • Extradition unlikely m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  31. GIOIA TAURO “Container Bob” • a routine inspection in the Italian Port of Gioia Tauro, of a Port of Halifax bound container revealed a suspected al-Qaeda terrorist hiding inside with • valid Canadian passport • plans of airports • false security passes • an aviation mechanic's certificate • The container was equipped with a • bed toilet • heater water supply • cell phone satellite phone • laptop computer • suspect Amid Farid Rizik was arrested… • …but later disappeared after posting bail m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  32. Human smuggling • June, 2000 • Fujian to Dover • 60 Chinese nationals • 58 died of suffocation • 2 survivors m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  33. INTERNATIONAL LEGAL FRAMEWORK FOR MARITIME SECURITY • UNCLOS 82 (United Nations) • IMO anti-piracy programme (soft law) • SUA Convention 1988/2005 (Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (“Rome Convention”)) • SOLAS security amendments 2002 (Int’l Convention for the Safety of Life at Sea,’74) IMO goes ashore! m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  34. UNCLOS PIRACY PROVISIONS Article 100 - Duty to co-operate in the repression of piracy Article 101 - Definition of piracy Article 102 - Piracy by a warship, gov’t ship or gov’t aircraft whose crew has mutinied Article 103 - Definition of a pirate ship or aircraft Article 104 - Retention or loss of the nationality of a pirate ship or aircraft Article 105 - Seizure of a pirate ship or aircraft Article 106 - Liability for seizure without adequate grounds Article 107 - Ships and aircraft which are entitled to seize on account of piracy Article 110 - Right of visit Article 111 - Right of hot pursuit m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  35. PIRACY DEFINED UNCLOS Art. 101 • an illegal act of violence • motivated by private gain • committed by persons on board a private ship • directed against another vessel, or the persons and property on board • committed on the high seas or outside the jurisdiction of any State. m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  36. UNCLOS PIRACY PROVISIONS Problem areas • Location of piratical act m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  37. AVERAGE DISTANCE OFPIRATICAL ATTACKS • Indonesia – 11.55 NM from shore • Northeast Asia – 68 NM from shore • South China Sea – 94.4 NM from shore m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  38. UNCLOS PIRACY PROVISIONS Problem areas • Location of piratical act • Two-ship rule / private ship / pirate ship • Private ends m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  39. AMENDMENTOF UNCLOS? m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  40. IMO anti-piracy programme • Resolution A.545 (13) “Measures to Prevent Acts of Piracy and Armed Robbery Against Ships” – 17 November 1983 Submitted by Sweden. Anti-piracy Assembly Resolution urging governments concerned to take all measures necessary to prevent and suppress acts of piracy (in the open sea) and armed robbery (elsewhere) against ships. m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  41. IMO anti-piracy programme • MSC 49 (Apr 84) - established “piracy & armed robbery against ships” as fixed agenda item m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  42. IMO anti-piracy programme • Resolution A.584 (14) “Measures to Prevent Unlawful Acts which Threaten the Safety of Ships and the Security of Their Passengers and Crews” – 20 November 1985 • Maritime Safety Committee Circular 443 “Measures to Prevent Unlawful Acts against Passengers and Crews onboard Ships” – 26 September 1986 m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  43. IMO anti-piracy programme • Resolution A.683 (17) “Prevention and Suppression of Acts of Piracy and Armed Robbery against Ships” – 6 November 1991 • 1992 - Working Group on the Malacca Strait m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  44. IMO anti-piracy programme • Maritime Safety Committee Circular 622 “Piracy and Armed Robbery Against Ships: Recommendations to Governments for preventing and suppressing acts of piracy and armed robbery against ships” • Maritime Safety Committee Circular 623 “Piracy...: Guidance to shipowners and ship operators, shipmasters & crews on preventing...” m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  45. IMO anti-piracy programme • Resln A.922(22) “Code for investigation of piracy & armed robbery cases” – 22 January 2002 • Resln A.923(22) “Measures to prevent the registration of ‘phantom’ ships” – 22 January 2002 m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  46. IMO anti-piracy programme • Mission of Experts > impress upon govt reps the need for action > motivate political will to act on both the national as well as international level • Southeast Asia, October 1998 • Brazil, October 1998 • Nigeria, , October 1999 • India, March 2000 m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  47. IMO anti-piracy programme • IMO Regional seminar and workshop • explain the problem of piracy and armed robbery • explain IMO’s recommendations on how to deal with them • Latin America + Wider Caribbean, Oct 98 • East Asian region, February 1999 • West and Central African countries, Oct 99 • Indian Ocean countries, March 2000 m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  48. Art. 3 offences SUA - Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome Convention), 1988 • Any person commits an offence if that person unlawfully and intentionally: • seizes or exercises control over a ship by force; or • performs an act of violence likely to endanger the safe navigation of a ship; or m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  49. SUA - Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome Convention), 1988 (c) destroys/damages a ship and endanger the safe navigation of that ship; or (d) places a device or substance likely to destroy that ship, or cause danger to the safe navigation of that ship; or (e) destroys/damages maritime navigational facilities, if any such act is likely to endanger the safe navigation of a ship; or m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

  50. (f) communicates information which he knows to be false, thereby endangering the safe navigation of a ship; or (g) 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). SUA - Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome Convention), 1988 m. mejia - maritime security seminar, bth, karlshamn, 16 october 2007

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