A further major functional response by the IMO was in relation to the emergence
of terrorism against shipping, a threat that was not well-captured by the traditional
understanding of piracy on the high seas. The hijacking of the cruise ship Achille
Lauro and murder of a passenger in the eastern Mediterranean in 1985 revealed gaps
in ship security in international maritime law. The IMO quickly embraced this
challenge and adopted a new security function without amending its constitutive
instrument to expand its mandate and proceeded to adopt the Convention for the
Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988
(SUA convention).
25 The maritime security function would be further developed
following the 9/11 terrorist attack on the World Trade Towers in Manhattan to
address the maritime carriage and use of weapons of mass destruction and would
lead to the adoption of a protocol to the SUA convention
26 and a new SOLAS code
concerning the security of ships when in port and the security of port facilities.
27
Piracy, as a separate concern from terrorism, would re-emerge as a major threat to
international shipping, especially off the coast of Somalia, the Gulf of Aden, Gulf of
Guinea, Strait of Malacca and elsewhere. Modern day piracy and armed robbery
against ships demonstrate the inadequacy of the existing international law on the
subject. While navigating piracy-prone areas, ships and their crews need almost
constant protection because of the danger of kidnapping and being held for ransom.
The response in this case required much more than IMO intervention, but at the same
time the organization had to rethink maritime safety and security with respect to this
threat and assisted the development of codes of conduct.
28 Collectively, these events
would firmly entrench maritime security as a major function of IMO regulation
together with maritime safety and environment protection.
Over time, the IMO has demonstrated an adaptive capacity to also respond to
other social needs without being prodded by an external event. For example, it
expanded its structure by establishing the Technical Cooperation Committee in 1977
to support assistance to member states
29 and the Facilitation Committee in 1991
25 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation,
1988. This concern also related to the security of offshore installations and structures and a protocol
was adopted to address this threat. See Protocol for the Suppression of Unlawful Acts Against the
Safety of Fixed Platforms Located on the Continental Shelf, 1988.
26 Protocol of 2005 to the Convention for the Suppression of Unlawful Acts Against the Safety of
Maritime Navigation, 2005.
27 International Code for the Security of Ships and Port Facilities (ISPS Code), 2002, annex 1.
28 Sub-regional Meeting to Conclude Agreements on Maritime Security, Piracy and Armed Robbery
against Ships for States from the Western Indian Ocean, Gulf of Aden and Red Sea Areas, Note by
the Secretary-General, IMO Doc C 102/14 (3 April 2009).
29 Simmonds (1994), p. 34.
Governance of International Shipping in the Era of Decarbonisation: New. . .
103
of terrorism against shipping, a threat that was not well-captured by the traditional
understanding of piracy on the high seas. The hijacking of the cruise ship Achille
Lauro and murder of a passenger in the eastern Mediterranean in 1985 revealed gaps
in ship security in international maritime law. The IMO quickly embraced this
challenge and adopted a new security function without amending its constitutive
instrument to expand its mandate and proceeded to adopt the Convention for the
Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988
(SUA convention).
25 The maritime security function would be further developed
following the 9/11 terrorist attack on the World Trade Towers in Manhattan to
address the maritime carriage and use of weapons of mass destruction and would
lead to the adoption of a protocol to the SUA convention
26 and a new SOLAS code
concerning the security of ships when in port and the security of port facilities.
27
Piracy, as a separate concern from terrorism, would re-emerge as a major threat to
international shipping, especially off the coast of Somalia, the Gulf of Aden, Gulf of
Guinea, Strait of Malacca and elsewhere. Modern day piracy and armed robbery
against ships demonstrate the inadequacy of the existing international law on the
subject. While navigating piracy-prone areas, ships and their crews need almost
constant protection because of the danger of kidnapping and being held for ransom.
The response in this case required much more than IMO intervention, but at the same
time the organization had to rethink maritime safety and security with respect to this
threat and assisted the development of codes of conduct.
28 Collectively, these events
would firmly entrench maritime security as a major function of IMO regulation
together with maritime safety and environment protection.
Over time, the IMO has demonstrated an adaptive capacity to also respond to
other social needs without being prodded by an external event. For example, it
expanded its structure by establishing the Technical Cooperation Committee in 1977
to support assistance to member states
29 and the Facilitation Committee in 1991
25 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation,
1988. This concern also related to the security of offshore installations and structures and a protocol
was adopted to address this threat. See Protocol for the Suppression of Unlawful Acts Against the
Safety of Fixed Platforms Located on the Continental Shelf, 1988.
26 Protocol of 2005 to the Convention for the Suppression of Unlawful Acts Against the Safety of
Maritime Navigation, 2005.
27 International Code for the Security of Ships and Port Facilities (ISPS Code), 2002, annex 1.
28 Sub-regional Meeting to Conclude Agreements on Maritime Security, Piracy and Armed Robbery
against Ships for States from the Western Indian Ocean, Gulf of Aden and Red Sea Areas, Note by
the Secretary-General, IMO Doc C 102/14 (3 April 2009).
29 Simmonds (1994), p. 34.
Governance of International Shipping in the Era of Decarbonisation: New. . .
103