As pirate attacks grow, shipowners take arms

Until last year, security contractors — as most in the industry call themselves — usually acted as unarmed advisers, helping overstretched, undertrained crews keep watch for pirates, and ensuring captains held their nerve under attack. A ship’s master was advised to stick to routes patrolled by naval forces, use razor wire and water cannon to prevent pirates from boarding and — crucially — keep the vessel moving.

Now, though, more and more ships carry their own weapons. Trawlers and other deep-sea fishing vessels routinely carry heavy machine guns. Before a ship enters port, industry insiders say, the arms are hidden or thrown overboard; that way, no-one gets caught breaking the law.

The shipping industry says it’s taking that step extremely reluctantly. The International Maritime Organization (IMO), the United Nations body charged with ensuring the safety of shipping, advises against seafarers carrying weapons, but leaves the decision on whether they travel with specialist security personnel up to the state where a ship is registered.

“We spent three years advising against carrying armed security details,” says Peter Hinchcliffe, a former British submarine commander who is now chairman of the London-based International Chamber of Shipping. “It’s something I feel very uncomfortable about. But the situation has deteriorated to the extent that sometimes now there is just no choice, even though it is a legal minefield.”

Several experts and military officers say there might now be at least one firefight between contractors and pirates every day, although many are never reported.

LEGAL GREY AREA

“Right guys, the current IMO guidelines are against the carriage of weapons and you need to be aware of this,” Williams tells his class. “But things are changing all the time. Legally speaking, it’s complicated, to put it mildly. In Iraq, it is very clear. You work under the rules of the country. Here, there are many more grey areas.”

Over the last two centuries, the use of military force at sea has become largely the preserve of states. The legal basis under which modern-day cargo ships — with their often multinational crews and ownership structures — can use lethal weaponry is far from clear, and the IMO guidelines have no weight in international law.

Williams tells his students that their best bet is to find a reputable security company that operates with clear rules of engagement — but that even then, it may be impossible to avoid a whole host of legal dangers.

“We are former servicemen, and as such are simple creatures, but you can guarantee the ambulance-chasers and human rights lawyers are sitting on the sidelines watching this,” he says.