If boarding and interception are permitted without proper supervision of impartial
judges, could the responsible authorities to leverage this permission to board any
vessel regarding of the existence of an imminent threat?
3.2.3 Detention
The natural step in this process is to arrest the suspected pirates and provide them
with the same rights and privileges as the citizen of the flag State. But foremost, their
rights and reason for their arrest must be communicated clearly and efficiently. This
communication might occur in their native language so that the cause of their arrest
and their right to a lawyer and fair judgment is fairly understood. Furthermore,
suspected privates have the right to a competent lawyer.
4 Ethical Justification of Countermeasures
Ship operators often adhere to the Best Management Practices (BMP) guidelines
published by MSCHOA. They register with MSCHOA and submit, prior to reaching
high risk area, the Vessel movement form. They also report accordingly to the
UKMTO who acts as the intermediary between shipping vessels and naval forces
in the region. However, despite their precautionary measures and risk assessment,
ship operators are frequently faced directly with the imminent threat of pirates at sea.
They may find themselves in a situation where they must execute recommended
countermeasures in order to ward off or repel pirates and armed robbers attempting
to reach their vessels.
This is simply because naval forces cannot possible guard the entire vast shipping
lanes. Although it is evident that the use of force be that lethal or non-lethal, can be
an effective method for deterring the aggressor and keeping the pirates off the vessel,
it must be used in accordance with the Universal Human Rights declaration and the
EU HC charter along with other international treaties.
This section addresses a subset of non-lethal piracy countermeasures. For each
relevant countermeasure described here within, the respective human rights and
ethical explanations have been detailed as to aid the seafarers in understanding the
implication that might be associated with each of these measures. The extensive set
of countermeasures provided within this section is categorized into the following sic
phases: (1) Plan, (2) Communicate, (3) Avoid, (4) Deter, (5) Defend.
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K. Lagdami and A. Fakhry
judges, could the responsible authorities to leverage this permission to board any
vessel regarding of the existence of an imminent threat?
3.2.3 Detention
The natural step in this process is to arrest the suspected pirates and provide them
with the same rights and privileges as the citizen of the flag State. But foremost, their
rights and reason for their arrest must be communicated clearly and efficiently. This
communication might occur in their native language so that the cause of their arrest
and their right to a lawyer and fair judgment is fairly understood. Furthermore,
suspected privates have the right to a competent lawyer.
4 Ethical Justification of Countermeasures
Ship operators often adhere to the Best Management Practices (BMP) guidelines
published by MSCHOA. They register with MSCHOA and submit, prior to reaching
high risk area, the Vessel movement form. They also report accordingly to the
UKMTO who acts as the intermediary between shipping vessels and naval forces
in the region. However, despite their precautionary measures and risk assessment,
ship operators are frequently faced directly with the imminent threat of pirates at sea.
They may find themselves in a situation where they must execute recommended
countermeasures in order to ward off or repel pirates and armed robbers attempting
to reach their vessels.
This is simply because naval forces cannot possible guard the entire vast shipping
lanes. Although it is evident that the use of force be that lethal or non-lethal, can be
an effective method for deterring the aggressor and keeping the pirates off the vessel,
it must be used in accordance with the Universal Human Rights declaration and the
EU HC charter along with other international treaties.
This section addresses a subset of non-lethal piracy countermeasures. For each
relevant countermeasure described here within, the respective human rights and
ethical explanations have been detailed as to aid the seafarers in understanding the
implication that might be associated with each of these measures. The extensive set
of countermeasures provided within this section is categorized into the following sic
phases: (1) Plan, (2) Communicate, (3) Avoid, (4) Deter, (5) Defend.
402
K. Lagdami and A. Fakhry