2.1.1.4 UN Firearms Protocol
In addition to the international maritime security instruments, the international
framework on firearms which consists of a plurality of instruments, also influences
PMSC engagements. Of particular relevance is the Protocol Against the Illicit
Manufacturing of and Trafficking in Firearms, their parts and Components and
Ammunition (UN Firearms Protocol),
74 the only legally binding global small arms
control agreement.
75 The Protocol, which supplements the United Nations Convention on Transnational Organised Crimes,
76 regulates the private transportation of
firearms so as to combat the illicit flow or illegal diversion of firearms, their
components and ammunition.
77 The Protocol outlines procedures for the movement
of firearms, requiring all states parties to have export and import licencing measures
and authorisation as well as of procedures on international transit, for the transfer of
firearms, their parts, components and ammunition. PMSCs have to ensure through
their flag states that the movement of security weapons conform with the provisions
of the Protocol.
Notably, the Protocol relies heavily on state parties’ implementation. Factors such
as ideologies of states with respect to gun control measures and capacity to monitor
the regulatory measures on the movement of arms may cause significant disparities
in the implementation of the Protocol. These factors also affect the utilisation of
PMSC services.
2.1.1.5 The IMO Interim Guidelines
In the absence of directly applicable regulation in the international law framework,
the International Maritime Organisation (IMO) issued four interim recommendations
as shown in Fig. 1, for the employment of armed guards on vessels.
78
The guidelines directed at ship-owners and ship operators,
79 PMSCs,
80
flag
states,
81 port as well as coastal states
82 are read in conjunction with other
74 United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their
Parts and Components and Ammunition (Firearms Protocol). Signed on 11 July 2001 in
New York. Entered into Force on 5 July 2004.
75 Kirsten and Stott (2008), p. 3.
76 UN General Assembly, United Nations Convention against Transnational Organized Crime:
resolution (adopted 8 January 2001) A/RES/55/25.
77 UN Firearms Protocol, Art. 2.
78 MSC.1/Circ.1405/Rev.2 (25 May 2012); MSC.1/Circ. 1406/Rev.3 (12 June 2015); MSC.1/Circ.
1408 (25 May 2012); MSC.1/Circ. 1443 (25 May 2012).
79 MSC.1/Circ.1405/Rev.2 (25 May 2012).
80 MSC.1/Circ. 1443 (25 May, 2012).
81 MSC.1/Circ. 1406/Rev.3 (12 June 2015).
82 MSC.1/Circ. 1408 (25 May 2012).
186
O. A. Eruaga
In addition to the international maritime security instruments, the international
framework on firearms which consists of a plurality of instruments, also influences
PMSC engagements. Of particular relevance is the Protocol Against the Illicit
Manufacturing of and Trafficking in Firearms, their parts and Components and
Ammunition (UN Firearms Protocol),
74 the only legally binding global small arms
control agreement.
75 The Protocol, which supplements the United Nations Convention on Transnational Organised Crimes,
76 regulates the private transportation of
firearms so as to combat the illicit flow or illegal diversion of firearms, their
components and ammunition.
77 The Protocol outlines procedures for the movement
of firearms, requiring all states parties to have export and import licencing measures
and authorisation as well as of procedures on international transit, for the transfer of
firearms, their parts, components and ammunition. PMSCs have to ensure through
their flag states that the movement of security weapons conform with the provisions
of the Protocol.
Notably, the Protocol relies heavily on state parties’ implementation. Factors such
as ideologies of states with respect to gun control measures and capacity to monitor
the regulatory measures on the movement of arms may cause significant disparities
in the implementation of the Protocol. These factors also affect the utilisation of
PMSC services.
2.1.1.5 The IMO Interim Guidelines
In the absence of directly applicable regulation in the international law framework,
the International Maritime Organisation (IMO) issued four interim recommendations
as shown in Fig. 1, for the employment of armed guards on vessels.
78
The guidelines directed at ship-owners and ship operators,
79 PMSCs,
80
flag
states,
81 port as well as coastal states
82 are read in conjunction with other
74 United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their
Parts and Components and Ammunition (Firearms Protocol). Signed on 11 July 2001 in
New York. Entered into Force on 5 July 2004.
75 Kirsten and Stott (2008), p. 3.
76 UN General Assembly, United Nations Convention against Transnational Organized Crime:
resolution (adopted 8 January 2001) A/RES/55/25.
77 UN Firearms Protocol, Art. 2.
78 MSC.1/Circ.1405/Rev.2 (25 May 2012); MSC.1/Circ. 1406/Rev.3 (12 June 2015); MSC.1/Circ.
1408 (25 May 2012); MSC.1/Circ. 1443 (25 May 2012).
79 MSC.1/Circ.1405/Rev.2 (25 May 2012).
80 MSC.1/Circ. 1443 (25 May, 2012).
81 MSC.1/Circ. 1406/Rev.3 (12 June 2015).
82 MSC.1/Circ. 1408 (25 May 2012).
186
O. A. Eruaga