The Application of Human Rights
and Ethics Principles to Self-protection
Measures by the Ship Against Pirates
and Armed Robbers
Khanssa Lagdami and Aref Fakhry
Abstract This chapter looks at the way human rights standards and ethics played
their part in reshaping the understanding of what seafarers and ships could do to
protect themselves from the crimes of piracy and armed robbery at sea. The study
was built as part of a wider maritime security and defense-oriented research project
commissioned by the European Commission, entitled Protection Measures for
Merchant Ships (PROMERC), which aims to reduce the vulnerability of merchant
fleets and maritime supply lines to criminal abduction and extortion and thereby
reduce risk to mariners, shipping, and the environment, while also reducing costs.
1 Introduction
Much has been written about the re-emergence of the crime of maritime piracy,
which is considered as one of the international scourges of modern times.
1 On
6 November 2018, the United Nations Security Council renewed its authorization
for international naval forces to join in the fight against piracy and armed robbery off
the coast of Somalia by adopting Resolution 2442 (2018) under Chapter VII of the
United Nations Charter.
This chapter examines the intersection in law and ethics between the right of ship
owners and crews to resort to self-protection from pirates and armed robbers at sea,
and the human rights of the latter. The matter is complex. On the one hand, it would
not occur to any reasonable person to object to the use of self-protective measures by
ships and their crews from the evil deeds of criminals. On the other hand, such
measures should be circumscribed by the values of acceptability and fairness in
modern societies.
K. Lagdami (*) · A. Fakhry
World Maritime University, Malmö, Sweden
e-mail: KL@wmu.se
1 Mejia Maximo Jr. (2012).
© Springer Nature Switzerland AG 2020
P. K. Mukherjee et al. (eds.), Maritime Law in Motion, WMU Studies in Maritime
Affairs 8, https://doi.org/10.1007/978-3-030-31749-2_18
389
and Ethics Principles to Self-protection
Measures by the Ship Against Pirates
and Armed Robbers
Khanssa Lagdami and Aref Fakhry
Abstract This chapter looks at the way human rights standards and ethics played
their part in reshaping the understanding of what seafarers and ships could do to
protect themselves from the crimes of piracy and armed robbery at sea. The study
was built as part of a wider maritime security and defense-oriented research project
commissioned by the European Commission, entitled Protection Measures for
Merchant Ships (PROMERC), which aims to reduce the vulnerability of merchant
fleets and maritime supply lines to criminal abduction and extortion and thereby
reduce risk to mariners, shipping, and the environment, while also reducing costs.
1 Introduction
Much has been written about the re-emergence of the crime of maritime piracy,
which is considered as one of the international scourges of modern times.
1 On
6 November 2018, the United Nations Security Council renewed its authorization
for international naval forces to join in the fight against piracy and armed robbery off
the coast of Somalia by adopting Resolution 2442 (2018) under Chapter VII of the
United Nations Charter.
This chapter examines the intersection in law and ethics between the right of ship
owners and crews to resort to self-protection from pirates and armed robbers at sea,
and the human rights of the latter. The matter is complex. On the one hand, it would
not occur to any reasonable person to object to the use of self-protective measures by
ships and their crews from the evil deeds of criminals. On the other hand, such
measures should be circumscribed by the values of acceptability and fairness in
modern societies.
K. Lagdami (*) · A. Fakhry
World Maritime University, Malmö, Sweden
e-mail: KL@wmu.se
1 Mejia Maximo Jr. (2012).
© Springer Nature Switzerland AG 2020
P. K. Mukherjee et al. (eds.), Maritime Law in Motion, WMU Studies in Maritime
Affairs 8, https://doi.org/10.1007/978-3-030-31749-2_18
389