flagged tanker MV Enrica Lexie carried Italian marines on board as members of a
vessel protection detachment (VPD) team while sailing in the Indian Ocean from Sri
Lanka towards Djibouti in February 2012. As it approached the coast of Kerala, the
marines opened fire on a vessel that they claim appeared to be a pirate vessel. Two
local fishermen died as a result, subsequently leading to the arrest of the Italian
marines by the Indian authorities. According to the Indian authorities, the fishermen
died from gun fire directed by the Italian marines towards their fishing boat.
136 The
rendition of the events by India raises the possibility that Italian marines did not
adhere to the proper procedure for just employment of the use of force. A similar
situation also occurred with the tanker MV Histria Coral where a group of embarked
policemen opened fire on a small boat that was approaching the tanker. The small
boat turned out to be filled with Nigerian Navy personnel on their way to inspect
another vessel.
137
There is a softening towards the opinion that PMSCs challenge the state’s
monopoly on legal violence, especially in situations where other means available
to prevent danger to people and goods at sea are evidently insufficient.
138 As
highlighted earlier in this chapter,
139
flag states are increasingly willing to allow
private protection on board vessels to accommodate the market response to the threat
of piracy. However, the details of how the services are provided continue to vary
among states.
2.2.2 The Norm-Making Role of PMSCs
Through their involvement in anti-piracy services, PMSCs engage in shaping the
development of rules in the maritime security framework. Direct provision of
services, advocacy, and agenda-setting serve as pathways to effectively pressure
states to consider piracy as a problem that requires more than a traditional state
response. At the time PMSC began operations in the Strait of Malacca area, there
was a paucity of laws in international and national law directed at the employment of
armed personnel on board vessels.
140 Following the direct participation of security
companies such as Background Asia and the Australian based Counter-Terrorism
International (CTI) in protecting vessels transiting through the Strait of Malacca,
Malaysia and Indonesia introduced and revised existing regulations to re-nationalise
pcadocs/Response/Indias%20Written%20Observations.pdf (Written Observations of India).
Accessed 2 January, 2019.
136 Written Observations of India, 8–9.
137 Steffen (2014) http://cimsec.org/troubled-waters-use-nigerian-navy-police-private-maritimesecurity-roles.
138 Liss (2015), pp. 91–92.
139 Page 18.
140 Liss (2013), p. 202.
Private Maritime Security Companies Within the International Legal. . .
197
vessel protection detachment (VPD) team while sailing in the Indian Ocean from Sri
Lanka towards Djibouti in February 2012. As it approached the coast of Kerala, the
marines opened fire on a vessel that they claim appeared to be a pirate vessel. Two
local fishermen died as a result, subsequently leading to the arrest of the Italian
marines by the Indian authorities. According to the Indian authorities, the fishermen
died from gun fire directed by the Italian marines towards their fishing boat.
136 The
rendition of the events by India raises the possibility that Italian marines did not
adhere to the proper procedure for just employment of the use of force. A similar
situation also occurred with the tanker MV Histria Coral where a group of embarked
policemen opened fire on a small boat that was approaching the tanker. The small
boat turned out to be filled with Nigerian Navy personnel on their way to inspect
another vessel.
137
There is a softening towards the opinion that PMSCs challenge the state’s
monopoly on legal violence, especially in situations where other means available
to prevent danger to people and goods at sea are evidently insufficient.
138 As
highlighted earlier in this chapter,
139
flag states are increasingly willing to allow
private protection on board vessels to accommodate the market response to the threat
of piracy. However, the details of how the services are provided continue to vary
among states.
2.2.2 The Norm-Making Role of PMSCs
Through their involvement in anti-piracy services, PMSCs engage in shaping the
development of rules in the maritime security framework. Direct provision of
services, advocacy, and agenda-setting serve as pathways to effectively pressure
states to consider piracy as a problem that requires more than a traditional state
response. At the time PMSC began operations in the Strait of Malacca area, there
was a paucity of laws in international and national law directed at the employment of
armed personnel on board vessels.
140 Following the direct participation of security
companies such as Background Asia and the Australian based Counter-Terrorism
International (CTI) in protecting vessels transiting through the Strait of Malacca,
Malaysia and Indonesia introduced and revised existing regulations to re-nationalise
pcadocs/Response/Indias%20Written%20Observations.pdf (Written Observations of India).
Accessed 2 January, 2019.
136 Written Observations of India, 8–9.
137 Steffen (2014) http://cimsec.org/troubled-waters-use-nigerian-navy-police-private-maritimesecurity-roles.
138 Liss (2015), pp. 91–92.
139 Page 18.
140 Liss (2013), p. 202.
Private Maritime Security Companies Within the International Legal. . .
197