IMO through the Suppression of Unlawful Acts Convention, 1988 (SUA) together
with its Protocol of 1988 concerning platforms and the Protocol of 2006 which is
basically an update of the original convention.
74 Notably, the terms “terrorism” or
“terrorist act” are not mentioned in any of these instruments. SUA was adopted
following the Achille Lauro incident. The other formidably serious element is piracy
which has been experiencing a dramatic rise over the past couple of decades in
several maritime areas of the world that are major trading routes.
75 Piracy is a jus
cogens high seas crime and is addressed in Articles 100 to 108 and 110 of
UNCLOS.
76 The provisions essentially reflect the customary international law on
this issue. The third element is armed robbery which is not addressed in any
convention instrument but interestingly enough there is a term “armed robbery
against ships” articulated by IMO to cover certain crimes which may not readily
fall within the purview of “unlawful acts” under the SUA Convention.
77 The other
IMO initiative which is the fourth element, is the International Ship and Port
Facilities Security Code (ISPS Code). The Code is an extension of Chapter XI-2
of SOLAS bearing the title “Special Measures to Enhance Maritime Security”. Part
A of the Code is mandatory; Part B is recommendatory. Non-compliance with the
mandatory part of the Code will render a ship substandard.
3.5 The Human Element
The operative word in the expression “human element” is “human”. In other words,
all matters pertaining to the human being on board a ship fall under this appellation.
Two terms that are closely associated or used interchangeably with, are “human
factor” and “human error”. The human factor in shipping has more than one
dimension. Marine casualties are often attributable to human error
78 at times caused
by sub-standard working conditions on board ship. Such conditions are often
predicated on the welfare and well-being of the crew; in particular, the issues of
fatigue and sufficiency of rest in contrast to their hours of work. Unlike work ashore,
a ship operates 24 h a day, seven days a week for as long as it is in operation whether
at sea or in port or even in dry dock. Fatigue is therefore a material condition which
leads to accidents, casualties and sub-standard performance.
79 Thus, the element of
occupational safety referred to earlier in this work, is a factor of prime importance
which also has to do with a reasonable level of comfort that a seafarer is entitled to
have on board to enable him to discharge his duties safely and efficiently.
74 1678 U.N.T.S. 22.
75 Mejia (2002).
76 See Bassiouni (1996), pp. 38–46.
77 Mukherjee and Liu (2015), pp. 60–61.
78 See United Kingdom Department of Transport, Marine Directorate (1991).
79 Eriksson and Mejia (2000).
596
R. Mukherjee
with its Protocol of 1988 concerning platforms and the Protocol of 2006 which is
basically an update of the original convention.
74 Notably, the terms “terrorism” or
“terrorist act” are not mentioned in any of these instruments. SUA was adopted
following the Achille Lauro incident. The other formidably serious element is piracy
which has been experiencing a dramatic rise over the past couple of decades in
several maritime areas of the world that are major trading routes.
75 Piracy is a jus
cogens high seas crime and is addressed in Articles 100 to 108 and 110 of
UNCLOS.
76 The provisions essentially reflect the customary international law on
this issue. The third element is armed robbery which is not addressed in any
convention instrument but interestingly enough there is a term “armed robbery
against ships” articulated by IMO to cover certain crimes which may not readily
fall within the purview of “unlawful acts” under the SUA Convention.
77 The other
IMO initiative which is the fourth element, is the International Ship and Port
Facilities Security Code (ISPS Code). The Code is an extension of Chapter XI-2
of SOLAS bearing the title “Special Measures to Enhance Maritime Security”. Part
A of the Code is mandatory; Part B is recommendatory. Non-compliance with the
mandatory part of the Code will render a ship substandard.
3.5 The Human Element
The operative word in the expression “human element” is “human”. In other words,
all matters pertaining to the human being on board a ship fall under this appellation.
Two terms that are closely associated or used interchangeably with, are “human
factor” and “human error”. The human factor in shipping has more than one
dimension. Marine casualties are often attributable to human error
78 at times caused
by sub-standard working conditions on board ship. Such conditions are often
predicated on the welfare and well-being of the crew; in particular, the issues of
fatigue and sufficiency of rest in contrast to their hours of work. Unlike work ashore,
a ship operates 24 h a day, seven days a week for as long as it is in operation whether
at sea or in port or even in dry dock. Fatigue is therefore a material condition which
leads to accidents, casualties and sub-standard performance.
79 Thus, the element of
occupational safety referred to earlier in this work, is a factor of prime importance
which also has to do with a reasonable level of comfort that a seafarer is entitled to
have on board to enable him to discharge his duties safely and efficiently.
74 1678 U.N.T.S. 22.
75 Mejia (2002).
76 See Bassiouni (1996), pp. 38–46.
77 Mukherjee and Liu (2015), pp. 60–61.
78 See United Kingdom Department of Transport, Marine Directorate (1991).
79 Eriksson and Mejia (2000).
596
R. Mukherjee