The Arming of Merchant Vessels
As pirate attacks mount, armed security teams protect you in more ways than one.
Pirates increasingly infest the waters off the east coast of Africa, parts of Asia and even in the Caribbean off Venezuela. The seas, particularly in the Gulf of Aden, have bad guys attempting to hijack large oil tankers and merchant ships carrying millions of dollars’ worth of cargo.
The pirates are armed with AK-47s and Rocket-Propelled Grenades. In response, many in the shipping industry have turned to armed security guards to fight fire with fire. This trend of arming merchant vessels and the use of armed guards will save insurance costs protect cargo and ships as well as lessen ship-owners’ insurance costs and potential civil liability for injuries sustained by crewmembers during a pirate attack. The beneficial use of a handheld rifle against a RPG is limited but- returning fire with a 9 barrel Gatling machine gun is a different story. Combined with NVG's, laser sights, powerful search lights and alarms the bad guys (those remaining alive) are quickly dissuaded.
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Modern-day piracy came to the attention of many in April of 2009 when the U.S.-flagged ship, M/V Maersk Alabama, was attacked off the coast of Somalia. The crew fired flares, maneuvered the ship’s rudder and locked themselves in the ship’s safe room in an attempt to protect themselves.
Ultimately the pirates boarded and commandeered the ship and the captain, Richard Phillips, was taken captive and held for several days. The attack ended in the dramatic rescue of Captain Phillips by the U.S. Navy resulting in the death of three pirates and the capture and subsequent prosecution of one who remained alive.
The number of pirate attacks globally continues to increase. The following year (2010) it reached 489, a 20 percent increase. The general practice in the shipping community at the time of the Maersk Alabama incident was to try using nonlethal methods against attackers. This included evasive maneuvering and fire hoses. However, none of this was proving effective so in response the use of lethal force has become more common and far more effective. One benefit is that dead pirates are no longer a threat!
For a ship wanting to fight, there are two ways to utilize arms. First, the company can provide hand-held weapons to its crewmembers but this has certain obvious limitations. Many crewmembers are not trained in the killing arts and have specific ship board jobs that prevent them from attention to security details.
The better and more effective option is to hire professional security companies to employ powerful crewed weapons against hostile boarders. These services are not inexpensive but compared to potential losses- more than affordable.
The International Maritime Organization (IMO), a specialized agency of the United Nations, (of course, who else) is interested in 'income redistribution' and sees piracy as one way of diminishing of western interests in favor of the impoverished masses. They opposes the killing of bad guys. The industry however recognizes this is a decision that to be made by individual ship operators not the UN. Some ports still do not allow arms to be carried onboard vessels when transiting their territorial waters but, as the need increases, resistance decreases.
The U.S. has moved toward a policy of accepting (and even encouraging) the use of armed security guards aboard U.S. and many foreign flagged vessels. After the attack on the Alabama, the U.S. Coast Guard issued a number of port security advisories discussing piracy in general and the use of armed guards specifically. In one advisory, it provided guidance to U.S.-flagged commercial vessels regarding self-defense during a pirate attack, including when deadly force is necessary.
The Coast Guard provides guidelines for contracted security services in high-risk waters, including certain credentials that must be met. In an effort to help U.S.-flagged vessels comply with requirements, the Coast Guard has reached out to several countries in and around affected dangerous waters to determine and change local laws and policies toward weapons onboard.
The U.S.’s recognition of the use of private security guards seems representative of the shipping industry as a whole as more and more shipowners are successfully countering pirate attacks with armed guards. For example, on June 7, 2011 in the Gulf of Aden, the bulk carrier Achilleas was fired upon by pirates. The vessel was protected by a team of armed security guards who fired back causing the pirates to abort the attack. On May 17, the fishing vessel Alakrantxu was attacked by a bank of swine pirates off the coast of Tanzania. It too, protected by armed security, exchanged fire with the pirates, causing them to run for the hills.
The effectiveness of armed ex-military professional security guards will, from a liability standpoint, tip the balance in favor of their use. Under general maritime law, when the owner provides no protection, injury to a crew member caused by a pirate attack allows the seaman to sue his employer for negligence (meaning not having professional security on board. Also, a crew member can sue a company for breach of the warranty of seaworthiness which requires any shipowner to furnish a fit vessel.
The need for and logic of arming vessels obviously extends to private yachts where the attraction to the pirate lies in kidnapping and robbing wealthy passengers and owners. In Somalia, a sailing vessel was attached and the owner and his wife held for months until a substantial payment was made. Large yachts sail across the world's oceans posing tempting targets for pirates and the cost of professional security often mean little compared to the risks they pose.
While limited controversy remains, the trend is very clearly in favor of arming yachts and commercial vessels. From a liability standpoint, this means that to provide a fit vessel and a safe place to work that vessel must be armed. Owners are beginning to realize this and are hiring armed professional guards.
Caribex Marine can provide the weapons and trained ex- military personnel to deploy them. We can survey your vessel to determine the most effective location and meet with your underwriter to negotiate premium reductions. Contact us to discuss this important issue.
CARIBEX MARINE INC.
Robert J. Firth
rjfirth@caribexmarine.com
Office 561 852 3989 - cell ph 954 683 0824