4.6 Defense: Use of Non-lethal Weapons
58
The right to life is entrenched in the core of UDHR Article 3 “Everyone has the right
to life, liberty and security of person”. It is unquestionable that ship operator have the
universal right to defend themselves against threats and armed robbers at sea. Doing
so through the use of non-lethal weapons can be an effective measure against
aggressors.
Notable, the development of non-lethal weapons has given rise to crucial questions concerning the use of force in the case of self-defense. Although these
legitimate weapons inflict less harm that is generally reversible, they can be perceived as armament symbolizing violence and abuse. These non-lethal weapons
have historically proven to be effective when defending a ship against pirate attacks.
In its practicality, the use of these weapons is an integral countermeasure that is
embodied in the extensive list provided by PROMERC; one must be cognizant that
executing such countermeasure must be done with extreme prudence given the fact
that Article 2(4) of the United Nations Charter forbids the unnecessary and disproportionate use of force.
Although the non-lethality of devices such as stun guns and irritant sprays are less
harmful than conventional lethal weapons, it is possible that they could be abused
and inflict greater impact on the recipient. These weapons must be used in accordance with the International Standards. It is also important to recognize that some
jurisdictions forbid their use all together.
5 Conclusion
Combating the growing phenomenon of piracy while protecting the lives of the
seafarers and conforming to the different human rights conventions proves challenging. The fundamental gap that exists in the legal language when addressing
piracy could be bridged through amendments which would have to be accepted by
the different States to ensure conformity. As more piracy cases are brought to court,
observers and concerned authorities will enhance existing procedures and compile
new ones to better address issues resulting from the abject act of piracy. The
maritime industry and all the pertaining conventions will continue to attempt
standardizing the respective operating procedures across the multitude of economic
zones but creating homogeneity will be challenging as the concept of ethics and
human rights are subject to interpretation from one culture to another.
Faced with increasing numbers of pirate attacks and disruption to trade, countries
have intensified their efforts to combat this phenomenon. Naval forces and advanced
registration systems have been put in place to control shipping lines and aid vessels
58 In this phase, NLW concerned are: rubber ball grenade/sonic gun/pepper spray/taser
gun/compressed air cannon/water cannon.
410
K. Lagdami and A. Fakhry
58
The right to life is entrenched in the core of UDHR Article 3 “Everyone has the right
to life, liberty and security of person”. It is unquestionable that ship operator have the
universal right to defend themselves against threats and armed robbers at sea. Doing
so through the use of non-lethal weapons can be an effective measure against
aggressors.
Notable, the development of non-lethal weapons has given rise to crucial questions concerning the use of force in the case of self-defense. Although these
legitimate weapons inflict less harm that is generally reversible, they can be perceived as armament symbolizing violence and abuse. These non-lethal weapons
have historically proven to be effective when defending a ship against pirate attacks.
In its practicality, the use of these weapons is an integral countermeasure that is
embodied in the extensive list provided by PROMERC; one must be cognizant that
executing such countermeasure must be done with extreme prudence given the fact
that Article 2(4) of the United Nations Charter forbids the unnecessary and disproportionate use of force.
Although the non-lethality of devices such as stun guns and irritant sprays are less
harmful than conventional lethal weapons, it is possible that they could be abused
and inflict greater impact on the recipient. These weapons must be used in accordance with the International Standards. It is also important to recognize that some
jurisdictions forbid their use all together.
5 Conclusion
Combating the growing phenomenon of piracy while protecting the lives of the
seafarers and conforming to the different human rights conventions proves challenging. The fundamental gap that exists in the legal language when addressing
piracy could be bridged through amendments which would have to be accepted by
the different States to ensure conformity. As more piracy cases are brought to court,
observers and concerned authorities will enhance existing procedures and compile
new ones to better address issues resulting from the abject act of piracy. The
maritime industry and all the pertaining conventions will continue to attempt
standardizing the respective operating procedures across the multitude of economic
zones but creating homogeneity will be challenging as the concept of ethics and
human rights are subject to interpretation from one culture to another.
Faced with increasing numbers of pirate attacks and disruption to trade, countries
have intensified their efforts to combat this phenomenon. Naval forces and advanced
registration systems have been put in place to control shipping lines and aid vessels
58 In this phase, NLW concerned are: rubber ball grenade/sonic gun/pepper spray/taser
gun/compressed air cannon/water cannon.
410
K. Lagdami and A. Fakhry