Use of force
Clasification Society 2024 - Version 9.40
Statutory Documents - IMO Publications and Documents - Circulars - Maritime Safety Committee - MSC.1/Circular.1443 – Interim Guidance to Private Maritime Security Companies Providing Privately Contracted Armed Security Personnel on Board Ships in the High Risk Area1 – (25 May 2012) - Annex – Interim Guidance to Private Maritime Security Companies Providing Privately Contracted Armed Security Personnel on Board Ships in the High Risk Area1 - 5 Deployment considerations - Use of force

Use of force

  5.13 PMSC should recognize that laws governing the use of force may differ over time and according to location. The applicable national law, including any criminal laws, for an incident on a ship from which PCASP will be operating will be principally that of the flag State. It may also include the laws and regulations of coastal, port and other States (see 1.1 and 3.3). The location of an incident and/or the nationalities of the ship, the companies and the individuals involved, including of the PMSC, the PCASP and others, will affect the determination of applicable law.

  5.14 PMSC should have a clear policy and guidance on the use of force (see 3.8), and should have issued specific rules to PCASP operating for them on the use of force consistent with this guidance (rules on the use of force). These rules should reflect applicable law. The rules should be routinely reviewed and if necessary adjusted.

  5.15 PMSC should ensure that PCASP operating for them have a complete understanding of, and fully comply with, the applicable laws governing the use of force. In particular, it should ensure that PCASP understand that:

  • .1 they should act according to these applicable laws in the knowledge that their role in regard to the above is exclusively for the protection of life of persons on board and the ship from armed pirate attacks;

  • .2 all reasonable steps should be taken to avoid the use of force and, if force is used, that force should be used as part of a graduated response plan, in particular including the strict implementation of the latest version of BMP;

  • .3 the use of force should not exceed what is strictly necessary and reasonable in the circumstances and that care should be taken to minimize damage and injury and to respect and preserve human life; and

  • .4 PCASP should only use firearms against persons in self-defence or in defence of others.

  5.16 An agreed plan of gradual response for use of force, including warning procedures, should be documented, and signed prior to embarkation by all relevant parties, including the shipowner, the master of the ship and the PMSC. The plan should include a description of the roles of the Master and the PCASP team leader.

  5.17 PMSC, in consultation with the shipowner, should ensure that:

  • .1 both the master and the PCASP team have had the rules for the use of force explained to them;

  • .2 the master and the PCASP team understand and agree the conditions governing when and how the decision to invoke the rules for the use of force is made, and by whom; and

  • .3 the master and the PCASP team sign an undertaking that they have read and understood the rules for the use of force.

Parent topic: 5 Deployment considerations
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