Private Maritime Security
The perception of maritime security has changed over the decades. Since the peak of piracy at the Horn of Africa, the severe interest of States proved the relevance of the freedom of navigation for the global community of the 21st century. Maritime Security ranges from activities in high-risk zones to responses to the full spectrum of common risks.
The unimpaired passage of ships and vessels matters. The unharmed transit of people and cargo matters. With mandates of the United Nations Security Council, international coalitions of navies and coast guards protect the freedom of navigation in the Gulf of Guinea and the Red Sea. Insurance companies allow the onboarding of private guards to ensure the safe passage.
However, the threat of criminal assaults, the temptation of illegal power of other people or the unlawful appetite for ransom money can surface at any time and any place. Private Maritime Security stands for the solution of these challenges off the radar of navies and coast guards.
Téthys Naval is primarily a strategic-operational security councillor. Primarily we are neither a private maritime security provider (PMSC) that deploys armed guards on board vessels – although we can arrange and manage these services. Nor are we a risk intelligence provider that collects and collates data on maritime disturbances, unrest, and threats – although we do use this data for past events to understand the origins of the present and predict the future.
What do PMSC contribute to freedom of navigation?
PMSC stand at the forefront of combating external threats in remote areas where no navy operates. On regulatory level, the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA Convention) and the International Ship and Port Facility Security Code (ISPS Code) apply for unlawful acts against the safety of navigation and port security; the United Nations Convention on the Law of the Sea (UNCLOS) regulates law enforcement against a ship. To address best management practices, the International Maritime Organisation recommends certain guidelines to mitigate and prevent attacks from pirates or land-based terrorists. On a tactical-operational level, the PMSC services combine security intelligence, risk assessment, on-site security, and crisis preparedness. And in certain circumstances, PMSC can deploy armed guards.
The prime goal is preventing an unlawful boarding, an illicit attack of pirates and the capture of the ship, including the use of force.
Four supporting arguments
- Enhanced Safety: PMSC offer specialized skills and training in maritime security, significantly reducing the risk of piracy and other threats.
- Ability: They bring extensive knowledge of security tactics and maritime operations, ensuring effective protection measures.
- Crisis Management: They provide swift and efficient crisis response, minimizing the impact of security incidents.
- Deterrence: The presence of armed security personnel acts as a strong deterrent to potential attackers, discouraging piracy attempts.
Four critical arguments
- Cost: Hiring PMSC can be expensive, adding to the operational costs for shipping companies.
- Legal Issues: PMSC, the use of force and judicial exploitation can lead to complex legal challenges and litigation risks against the PMSC, particularly with armed guards on board.
- Dependency: Relying on PMSC in high-risk maritime zones might reduce the motivation to enhance internal security capabilities addressing a spectrum of common risks.
- Ethical Concerns: The use of PMSC raises ethical questions about the privatisation of security and the accountability of contractors.
What does Téthys Naval contribute to high-risk zones?
The better the understanding of the permissible corridors of private security action, the greater the confidence in the security service provided on board.
We assist and advice PMSC with their operational set-up, support in regulatory affairs and legal compliance with underlying procedures and trainings to meet the requirements of safe and lawful private security conduct.
How PMSC address the spectrum of common risks?
The international regulations address the immediate threat of piracy and terrorism against ships and ports. PMSC are trained and prepared to combat these severe risks. Their services are often too cost sensitive to deploy on board guards outside high-risk zones and shipping companies rely on crew and designated crew members to prevent unlawful acts below the threshold of piracy and terrorism. Awareness for common risks is still difficult and demand a different level of capability and responsiveness.
The safety and security training under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) do prepare seafarers and crew members to respond to external threats, for example on yachts, small cruise ships or merchant ships. The less clear the risk exposure of shipping, the more difficult the understanding of permissible actions in response to threats.
As the two edges of the corridor of permissible behaviour become blurred, the threshold for the use of force becomes unclear and the insecurity of crew members increases. Not to mention the increased legal risk of litigation and prosecution against these crew members.
How does Téthys Naval assist crew and shipping companies?
We assist and advice shipping companies with their operational set-up and underlying procedures and deliver capability training to qualified crew members. We bridge the issue that STWC training and preparedness for preventing attacks do not cover the legal dimension of use of force, support of prosecution and preservation of evidence.
From high-risk zones to the full spectrum of common risks, we prepare shipping companies, facilitate exchange among stakeholders and foster knowledge sharing with selected partners: