Shipowners that arm their vessels could face prosecution
September 29, 2011
Shipowners that hire armed personnel to protect their vessels from pirates could face prosecution, claimed a Netherlands law firm this week.
The stark warning came after the publication of a report by the country’s De Wijckerslooth Committee to assess the desirability and possibility of deploying private sector armed security on Dutch ships.
It recommends that the Dutch government moves towards a higher level of protection for its merchant fleet, including, “if necessary”, the use of armed private security guards.
The report, however, cautions that they should only be hired by the government, and only perform security duties as soldiers under the authority of the Ministry of Defence.
Jan Kromhout, a partner with law firm AKD in Rotterdam, said, “In the event that the government is not able to fulfil its duties, it will have to employ outside help.
“It is not desirable that private companies hire armed protection to perform the duties which are the responsibility of government, which should retain its monopoly of force.
“Furthermore, the cost of providing protection against piracy should be borne by the state.
“Shipowners should only be allowed to hire private armed guards in special situations, in the event that the government is not able to fulfil its duties.
“In the event that Dutch shipowners hire armed personnel, or provide weapons to those on board, those directly involved, as well as shore-based personnel – including the management – could face criminal prosecution.”
Kromhout added: “Furthermore, shipowners could be faced with local legislation covering the weapons, in the event that the vessel enters the jurisdiction of another country.”
