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Guards still needed in some areas, experts warn

Use of security contractors much reduced since peak of piracy crisis, but armed forces remains necessary precaution in some parts of world

Lloyd’s List Intelligence data records extent of attacks on shipping in year to date

SHIPPING companies should still consider the use of armed guards as a protection against piracy in some parts of the world, despite a sharp decline in the problem over the last decade, experts have warned.

But the recommendation comes qualified by a number of factors, including the waters through which a vessel is set to transit, and any restrictions imposed by either the flag state or littoral states, they added.

Records on the scale of armed attacks and attempted hijackings directed at ships date back to the early 1990s, and the problem peaked around 2010 and 2011.

Somali pirates alone were at that time seizing ships at the rate of one a week, while the worldwide tally of piracy incidents topped 500 a year.

More recent years have for some time been characterised by historically low levels of attacks, although there are tentative indications of a recent uptick.

Some 91 piracy and maritime incidents have been reported in the year to date, according to Lloyd’s List Intelligence casualty data. There were 46 incidents in the second quarter alone, most comprised of robberies or attempted robberies.

This compares to a total of 142 incidents reported in 2022, a figure that is likely to be surpassed by the end of 2023.

Southeast Asia and the west coast of Africa are the most common places for maritime crime and piracy to occur.

 

Peru’s Callao anchorage remains a particular trouble spot, with eight incidents recorded so far this year.

Bulk carriers continue to be the most targeted vessels, while there has been a rise in incidents involving containerships, particularly in southeast Asia.

Simon Hodgkinson, global head of loss prevention at West of England P&I club, advised owners to consider carefully the level of risk.

“Our advice would be, if you get a charter or a fixture to an area you are not used to, contact us for an up-to-date outlook on the area.

“We won’t tell you what to do one way or the other, but if the outlook is tricky, we would recommend that you go to a security provider.

“If they are any good, they will tell you what level of support you need for where you want to go or what you intend to do.”

For the vast majority voyages, the risk of piracy is objectively small. At low levels of risk, it may be enough that the crew is trained in current best management practices guidelines, known in industry jargon as ‘BMP4’.

Where the scale of risk rises, it may be useful to have an expert adviser on board. Finally, there is a level at which the presence of armed security personnel is advisable, if only a deterrent.

“You use the principle that pirates will go for another vessel. If you have armed security, why would they go for the hard target when the easy one is the ship behind?” he said.

Much will depend on vessel type, with considerations varying between a tanker sitting low in the sea and a high-sided bulk carrier and factors such as speed.

Season is another known variable. In the Gulf of Guinea, the monsoon season — which can run from March or April until September or October — makes operational conditions difficult for pirates, and thus leads to a sharp reduction in attacks.

Some jurisdictions prohibit armed security, and naturally owners should comply with the law. Others hedge their use with tight conditions.

For instance, Nigeria — a country with a high incidence of piracy — does not allow armed guards to cross territorial borders, including borders at sea.

“West African countries will say they feel their militaries provide enough protection and guards aren’t needed. It’s down to owners to decide on the right thing to do.”

Indonesia and Malaysia also feel that their naval patrols are up to the scale of the task. In fairness, security in the Strait of Malacca is much improved in recent decades.

AIS and satellite tracking have made the task of patrolling somewhat easier, Hodgkinson added.

The cost of security personnel varies, from local personnel at as little as $50-$100 a day to former special services personnel from first world countries, who charge several times that amount.

“We would always recommend you go with a high-quality operator, and there are plenty of them around.

“If you go to a professional security company that follows the protocols and integrates into your ship, that’s far better than a guy who pitches up with a revolver in his back pocket.”

Protection and indemnity clubs exist to insure liabilities, and liabilities can become pronounced when the shooting starts.

Owners should maintain a high level of risk awareness and an understanding of the vulnerability of their vessels and operations, enabling them to develop continually updated risk assessments, said Denmark-based consultancy Risk Intelligence chief executive Hans Tino Hansen.

“Well-informed decisions should be made both on where and when to trade and to identify which risk mitigation measures are needed to reduce risk in these areas.

“Risk mitigation measures can range from change of voyage plans at one end over additional training and implementation of various anti-piracy measures from best management practice to security guards and escort vessels at the other.

“There is no one-size-fits-all solution, and each trading area has its specific threat and risk profile. Security guards and escort vessels will be a massive overkill in most areas of the world but are relevant in a few.”

Philip Roche, a partner with law firm Norton Rose Fulbright, noted that from a legal perspective, use of armed force needed careful justification.

Somalia at the height of the piracy crisis was a lawless place and force was widely seen as legitimate.

But for vessels at anchorage in many jurisdictions, governments will insist on the use of local security contractors, where security contractors are used at all.

In some situations, it may be permissible for guards to take the life of an attacker, especially where they can point to the need for self-defence.

But any subsequent trial for murder or manslaughter is likely to be protracted, and could mean the detention of the ship for the duration of the proceedings, he warned.

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