To read Part I of this article please click here
In part one I discussed how piracy has affected the maritime
industry and BIMCO's newly published GUARDCON (Standard
Contract for the Employment of Security Guards on Vessels). The
previous article served to raise awareness of the difficulties that
could be encountered when a claim of self-defence is made following
use of force by Privately Contracted Armed Security Personnel
(PCASP) or crew onboard Maltese registered vessels in the event of
an attack of piracy or armed robbery against ships.
Jurisdiction
The situation is further convoluted when taking into
consideration jurisdictional issues. Article 92 of UNCLOS states
that as a rule ships sail under the flag of one State and shall be
subject to its exclusive jurisdiction on the high seas.
Furthermore, the Maltese Criminal Code states that the Maltese
Courts shall have jurisdiction for any offences carried out under
the article concerning piracy whenever it is
