to make their journey safely. World maritime organizations and industry experts
have assembled best practices and techniques to follow when attempting to ward off
armed robbers and pirates at sea. These recommendations include the list compiled
by in PROMERC project and outlined in this document.
Given this newly heightened security environment, ship Masters have been
trained to take appropriate measure to safeguard the vessel and its crew. They are
familiar with effective techniques for defending their vessels and keeping pirates
from coming on board. Such defense mechanism constitute their fundamental right
and no logic can defy their willingness to stay safe.
Nevertheless, applying these effective and recommended countermeasures to
protect the vessel and its crew can present legal challenges to the commonly adopted
framework such as the UNDHR, EUHR and other international treaties. It is
important to recognize that the use of some of these practices runs the risk, at
times, of compromising and abusing the fundamental rights and freedoms embodied
in the core values of democratic nations and adopted by the majority of the
international community.
It is imperative to remember that, although self-defense is a ship master’s right, it
must be conducted within the legal framework and not compromise any of the
Universal Human Right articles. After all, we must not forget that the standards on
international human rights have been the results of controlling violence, extreme
behaviour and abuse.
References
African Charter on Human and People’ Rights
American Convention on Human Rights (1969)
Amnesty International (2015) The human rights impact of less lethal weapons and other law
enforcement equipment. https://www.amnestyusa.org/sites/default/files/human_rights_impact_
less_lethal_weapons_doha_paper.pd
BBC News (2010) Freed Somali pirates ‘probably died’ - Russian source, 11 May 2010, http://
news.bbc.co.uk/2/hi/8675978.stm
Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA)
Data Protection Directive (Directive 95/46/EC)
Duda D, Szubrycht T (2009) The Somali Piracy new or old challenge for international community.
In: Weintrit A (ed) Marine navigation and safety of sea transportation. Taylor & Francis,
London
European Convention on Human Rights (EHCR) (1950)
European Parliament (2009) A review of the increased use of CCTV and video-surveillance for
crime prevention purposes in Europe, April 2009, http://www.statewatch.org/news/2009/apr/
ep-study-norris-cctv-video-surveillance.pdf
International Covenant on Civil and Political Rights (ICCPR), http://www.ohchr.org/en/
professionalinterest/pages/ccpr.aspx
Islamic Universal Declaration of Human Rights
ITF Standard Collective Agreement
Kaurin P (2010) With fear and trembling: an ethical framework for non-lethal weapons. J Military
Ethics 9:100–114. http://www3.nd.edu/~cpence/eewt/Kaurin2010.pdf
The Application of Human Rights and Ethics Principles to Self-. . .
411
have assembled best practices and techniques to follow when attempting to ward off
armed robbers and pirates at sea. These recommendations include the list compiled
by in PROMERC project and outlined in this document.
Given this newly heightened security environment, ship Masters have been
trained to take appropriate measure to safeguard the vessel and its crew. They are
familiar with effective techniques for defending their vessels and keeping pirates
from coming on board. Such defense mechanism constitute their fundamental right
and no logic can defy their willingness to stay safe.
Nevertheless, applying these effective and recommended countermeasures to
protect the vessel and its crew can present legal challenges to the commonly adopted
framework such as the UNDHR, EUHR and other international treaties. It is
important to recognize that the use of some of these practices runs the risk, at
times, of compromising and abusing the fundamental rights and freedoms embodied
in the core values of democratic nations and adopted by the majority of the
international community.
It is imperative to remember that, although self-defense is a ship master’s right, it
must be conducted within the legal framework and not compromise any of the
Universal Human Right articles. After all, we must not forget that the standards on
international human rights have been the results of controlling violence, extreme
behaviour and abuse.
References
African Charter on Human and People’ Rights
American Convention on Human Rights (1969)
Amnesty International (2015) The human rights impact of less lethal weapons and other law
enforcement equipment. https://www.amnestyusa.org/sites/default/files/human_rights_impact_
less_lethal_weapons_doha_paper.pd
BBC News (2010) Freed Somali pirates ‘probably died’ - Russian source, 11 May 2010, http://
news.bbc.co.uk/2/hi/8675978.stm
Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA)
Data Protection Directive (Directive 95/46/EC)
Duda D, Szubrycht T (2009) The Somali Piracy new or old challenge for international community.
In: Weintrit A (ed) Marine navigation and safety of sea transportation. Taylor & Francis,
London
European Convention on Human Rights (EHCR) (1950)
European Parliament (2009) A review of the increased use of CCTV and video-surveillance for
crime prevention purposes in Europe, April 2009, http://www.statewatch.org/news/2009/apr/
ep-study-norris-cctv-video-surveillance.pdf
International Covenant on Civil and Political Rights (ICCPR), http://www.ohchr.org/en/
professionalinterest/pages/ccpr.aspx
Islamic Universal Declaration of Human Rights
ITF Standard Collective Agreement
Kaurin P (2010) With fear and trembling: an ethical framework for non-lethal weapons. J Military
Ethics 9:100–114. http://www3.nd.edu/~cpence/eewt/Kaurin2010.pdf
The Application of Human Rights and Ethics Principles to Self-. . .
411