Legal challenges with the use of Vessel Protection Detachments and Private Maritime Security Company guards for on board ship protection against piracy

Abstract

The thesis discusses the legal challenges with the use of two different types of armed teams for on board ship protection against piracy. These include vessel protection detachments (VPDs) and private maritime security company guards (PMSC guards). The thesis is split into three sections beginning with a section on the past for the solutions originally envisioned by the LOSC to repress piracy. In the following, the alternative solutions in the form of VPDs and PMSC guards states prefer in the present day will be analysed along with the legal challenges stemming from these preferences. These challenges will be addressed in the context over the use of force against suspected pirates and upholding obligations to rescue suspected pirates in distress. Based on a comparison of both solutions, VPDs possess more legal rights and are more flexible for the purpose of ship protection. PMSC guards on the other hand avoids some of the problems observed in the VPD model due to the Enrica Lexie case. From the findings, recommendations are made for the measures that can be implemented to improve both of these solutions in the future.