Lloyd List has today 'fingered' the mystery security team making light work of Somalia's finest (Blog 24th April). While refusing to divulge details of the security action, Trident's president justified decisive action in light of attacks on shipping in the area over the previous 72 hours.
To those anguishing at the thought of dead Somali pirates, try defending your home and family against armed robbers with your garden hose...
From the Antipodean Mariner, job well done.
 |
| Warning shots... |
Eagle Bulk and Trident
identified in shooting video
Footage raises questions
over the need for an investigation
Liz
McMahon, Lloyds List Tuesday 8
May 2012
EAGLE Bulk
Shipping and Trident Group have been identified in a video of armed guards
shooting at a pirate skiff that has raised a heated debate on rules for the use
of force and calls for further investigation.
The video
shows a private maritime security company’s operatives firing what they call
warning shots, but there appears to be no gradual or layered approach to
protecting the ship, as advocated in the International Maritime Organization’s
Best Management Practices. The guards continue to fire for some minutes as the
vessel moved away from the pirates and the threat to the vessel became less
urgent.
Eagle Bulk
declined to confirm that the vessel in the video was under its control.
However, in a statement issued to Lloyd’s List it said: “Piracy is a scourge
which threatens the life and safety of seafarers. Out of respect for the safety
of our crews, we do not discuss any aspect of our operations, safety or
security procedures.”
Lloyd’s
List has been told by several sources that the vessel in the video is owned by
Eagle Bulk and shortly before the end of the clip the Eagle Bulk livery is
clearly visible on the side of the vessel. Eagle Bulk uses Trident as a
security provider.
In an
emailed statement to Lloyd’s List, Trident president Tom Rothrauff said: “This
action came 72 hours following another attack by this exact same pirate action
group against this very same vessel. Further, the same PAG had attacked a
tanker in the week prior, so this was a killer PAG. Our team acted with poise,
and used every rule for the use of force as prescribed by the US Coast Guard in
PSA 3-09.
“The skiff
was identified as carrying RPG’s and AK 47’s. The team was compelled to wait
before they initiated warning shots until the master gave permission to the
team to release repelling force. When the warning shots were fired, it just so
happened that the skiff opened up on our team at the exact same time.”
The
International Association of Maritime Security Professionals issued a statement
on its website stating that the PMSC in the video had employed a questionable
use of force.
After
receiving expressions of concern regarding the video’s content, the IAMSP felt
it had sufficient information to warrant attention and launched an
investigation. IAMSP said that after gathering information it had concluded
that the nature of the events in the video warranted the attention of the
appropriate flag state and not an administrative investigation.
Trident is
based in Virginia in the US while Eagle Bulk’s flag state is the Marshall
Islands. However, Marshall Islands chief operating officer John Ramage said the
investigation bureau had no intention of investigating the incident further.
“Nobody on
board the ship was injured and we have no plans to investigate further.
However, we do reserve the right to look into the matter at a further date if
we deem it necessary,” Mr Ramage said.
He added
that it was important to remember that pirates were “doing an illegal act and
too many people have been killed and injured by pirates”.
“That has
to be at the forefront of our minds. Obviously, it is regrettable that anyone
is injured, pirates included and it is a concern from a flag state’s point of
view,” he said.
Mr Ramage
said he was not sure if the incident in the video had been reported or not, but
said that it was common practice to report all approaches from pirate vessels.
Meanwhile,
there have been calls from the maritime security industry for the Security
Association for the Maritime Industry to investigate the incident.
SAMI told
Lloyd’s List it has no further information on the video clip but the debate
generated “clearly demonstrates that clarification on the rules for the use of
force is needed”.
“Indeed,
SAMI cannot envisage any incident when exceeding the use of minimum force
during the act of deterring a pirate attack or protecting of merchant vessels
and crews is justified or indeed legal,” SAMI said.
“There is
no place in the maritime domain for an excessive response, so PMSCs should
provide a detailed graduated response plan to a pirate attack as part of its
team’s operational procedures.”
The
industry is awaiting an international set of standards and there have been
urgent calls for clarification and strict flag state governing rules for the
use of force.
In the
interim period, shipping trade body BIMCO has published a standard contract,
Guardcon, which sets out guidelines for a graduated response to any actual,
perceived or threatened act of piracy.
The
guidance explicitly states the deployment of armed guards is not an alternative
to the implementation of the current BMP. BIMCO and SAMI both advocate that any
force used should be “proportionate and appropriate” to the situation and
consistent with applicable law.
In its
guidance to members SAMI said: “It is important that the RUF should provide a
graduated and proportional use of force, and that it respects human dignity and
the human rights of all. Key to this graduated response is the measures which
should be implemented before the use of weapons. BIMCO states that non-violent
means of repelling pirates should be applied first.
“These
measures would involve a visible presence, visual means such as lasers or
flares and sounds. They also encourage the use of hoses, the use of nets and
logs to hamper skiffs and weapons being shown.”The
industry body said any deliberate, direct fire should only be used against the
attackers when all other methods have failed.
SAMI also
raised concern that there is a danger that unless unequivocal guidance is
produced, then pirates may seize the upper hand.
“When
pirates approach vessels on which armed guards are unsure whether they can
fire, then without clear and decisive guidance, there is a danger we may
emasculate the very front-line solution which is currently keeping piracy at
bay.”
Ince
partner Stephen Askins said RUF needed to be sensible and graduated because the
law demands that lethal force should be exceptional and used as a last resort.
