2.1 The Montreux Document on Pertinent International
Legal Obligations and Good Practices for States related to Operations
of Private Military and Security Companies during Armed Conflictfootnote and the International Code of Conduct for
Private Security Service Providers (ICoC)footnote are useful reference points for PMSC, but
are not directly relevant to the situation of piracy and armed robbery
in the maritime domain and do not provide sufficient guidance for
PMSC. The Montreux Document, which addresses States, restates rules
of international law and provides a set of good practices for States,
although it should be noted that international humanitarian law is
applicable only during armed conflict. The ICoC, which addresses the
private security industry, identifies a set of principles and processes
for private security service providers related to support for the
rule of law and respect for human rights, but is written in the context
of self-regulation and only for land-based security companies, and
is therefore not directly applicable to the peculiarities of deploying
armed guards on board merchant ships to protect against acts of piracy
and armed robbery at sea.
2.2 The prevailing situation off the coast of
Somalia therefore necessitates separate and urgent consideration of
requirements for the use of PCASP on board ships transiting the HRA.
2.3 This interim guidance is therefore intended
to assist in the development of an international standard and certification
process for PMSC to protect against acts of piracy and armed robbery
at sea and to assist PMSC in demonstrating their competence and professionalism
to shipowners in the interim.
2.4 PMSC should seek certification with relevant
national and international private maritime security service standards
when these are established.