pollution in the territorial waters even if the pollution were to be attributable to
negligence and there is no proof of willful behavior.
6.2 Privately Contracted Armed Security Personnel
Carriage of privately contracted armed security personnel (PCASP) and vessel
protection detachment (VPD) onboard merchant vessels is a complex grey area
subject to varied interpretations by coastal States as to the prejudicial nature of the
passage and its impingement, so to say, on peace, good order and security of the
coastal State.
Pirates are declared hostis humani generis or, enemies of mankind under
UNCLOS. Therefore, any onboard preventive, self-defence measures instituted by
merchant vessels to combat piracy is construed by some States as a contravention of
UNCLOS, and the vessel regarded as having breached the provisions of innocent
passage. Embarkation of PCASP, arms and ammunition are likely to be construed
within the ambit of Article 19(2) of UNCLOS, as embarkation of military devices,
especially if it involves a vessel protection detachment of military personnel.
89 Ships
with embarked PCASP or VPD are required by some coastal States to give prior
notification and receive and authorization. It is for consideration if a requirement for
prior notification is an infringement on the right of innocent passage.
90
While India is one among the States requiring prior notification, it stands out for
landmark cases involving both, PCASP and VPD. The m.v. Seaman Guard Ohio
serving primarily as an offshore PCASP base vessel was apprehended by the Indian
Coast Guard on 12 October 2013 for inter alia violation of Indian Arms Act, 1955.
91
The entire PCASP team of twenty-five security guards alongwith ten crew members
of the vessel were arrested and spent several months in Indian custody. In a separate
incident, two Italian navy VPD onboard the Italian flagged tanker m.v. Enrica Lexie
were subjected to prolonged periods of detention in India after they ended up
allegedly killing Indian fishermen on 17 February 2012 when they opened fire on
an Indian fishing boat that they suspected of making threatening manoeuvres.
89 Eruaga and Mejia (2019).
90 Williams (2014).
91 The ship was found carrying a huge quantity of arms and ammunitions—five fire arms, 102 magazines and 5682 rounds of ammunition. Further, it had illegally procured about 2000 L of diesel in
huge barrels, along with other provisions from a local boat in India’s territorial waters. (https://
www.livelaw.in/madras-hc-acquits-35-crew-members-anti-piracy-ship-mv-seaman-guard-ohioread-judgment/).
244
A. Hebbar
negligence and there is no proof of willful behavior.
6.2 Privately Contracted Armed Security Personnel
Carriage of privately contracted armed security personnel (PCASP) and vessel
protection detachment (VPD) onboard merchant vessels is a complex grey area
subject to varied interpretations by coastal States as to the prejudicial nature of the
passage and its impingement, so to say, on peace, good order and security of the
coastal State.
Pirates are declared hostis humani generis or, enemies of mankind under
UNCLOS. Therefore, any onboard preventive, self-defence measures instituted by
merchant vessels to combat piracy is construed by some States as a contravention of
UNCLOS, and the vessel regarded as having breached the provisions of innocent
passage. Embarkation of PCASP, arms and ammunition are likely to be construed
within the ambit of Article 19(2) of UNCLOS, as embarkation of military devices,
especially if it involves a vessel protection detachment of military personnel.
89 Ships
with embarked PCASP or VPD are required by some coastal States to give prior
notification and receive and authorization. It is for consideration if a requirement for
prior notification is an infringement on the right of innocent passage.
90
While India is one among the States requiring prior notification, it stands out for
landmark cases involving both, PCASP and VPD. The m.v. Seaman Guard Ohio
serving primarily as an offshore PCASP base vessel was apprehended by the Indian
Coast Guard on 12 October 2013 for inter alia violation of Indian Arms Act, 1955.
91
The entire PCASP team of twenty-five security guards alongwith ten crew members
of the vessel were arrested and spent several months in Indian custody. In a separate
incident, two Italian navy VPD onboard the Italian flagged tanker m.v. Enrica Lexie
were subjected to prolonged periods of detention in India after they ended up
allegedly killing Indian fishermen on 17 February 2012 when they opened fire on
an Indian fishing boat that they suspected of making threatening manoeuvres.
89 Eruaga and Mejia (2019).
90 Williams (2014).
91 The ship was found carrying a huge quantity of arms and ammunitions—five fire arms, 102 magazines and 5682 rounds of ammunition. Further, it had illegally procured about 2000 L of diesel in
huge barrels, along with other provisions from a local boat in India’s territorial waters. (https://
www.livelaw.in/madras-hc-acquits-35-crew-members-anti-piracy-ship-mv-seaman-guard-ohioread-judgment/).
244
A. Hebbar