Apparently it is illegal by international law for commercial shipping vessels to have guns on board.
No it's NOT illegal to carry firearms on container ships however some countries and their ports will not allow them entry. For example:
Ships sailing under a British flag will be able to carry armed guards to protect them from pirates, the prime minister has announced.
David Cameron says he wants to combat the risks to shipping off the coast of Somalia, where 49 of the world's 53 hijackings last year took place. Under the plans, the home secretary would be given the power to license armed guards for ships. No ship carrying armed security has yet been hijacked, the government claims.
Up to 200 vessels flying the red ensign - the British merchant navy flag - regularly sail close to Somalia. Officials estimate that about 100 of those would immediately apply for permission to have armed guards. Under the 1982 United Nations Convention on the Law of the Sea every ship is subject to the jurisdiction of the country whose flag it carries.
It is thought many British-registered ships already carry armed guards because they feel they have no alternative. However, licensing ships to carry armed guards could still fall foul of laws in other countries. Egypt recently announced that armed guards would not be permitted on ships sailing through the Suez canal.
BELOW IS A LIST OF REASONS WHY HAVING ARMED SECURITY ABOARD YOUR SHIP ISN'T ALWAYS A FOOLPROOF AND SAFE WAY OF TRAVELYes a few Privately Contracted Armed Security Personnel on board these large vessels can ward off potential pirates however like the points below it is not a complete solution to the problem and you started off this thread asking why the
crew members didn't arm themselves. However the points below again point out why it's not a good idea...
1) Now lets look at different weapons systems we might arm the PCASPs with on board your ship? Do you know how hard it is to hit a pirate in a skiff bouncing up in the surf going traveling a high speeds? You've basically got to lay down suppressive fire at them rather than taking controlled single shots with sniper rifles. See quotes and article at the end...
2) NOW more importantly what are the Rules of Engagement, are you allowed to just start spraying lead at ANY Somali skiff that comes within 300 metres or can you only engage after taking fire? I've got to brush up on my Maritime Law however
Military teams can per-emptively strike pirates on skiffs and target mother ships that carry teams of pirates!
3) The IMO warns companies not to allow crews to bring firearms aboard or hire armed security, cautioning that doing so
could escalate the situation by encouraging pirates to use more dangerous weapons and become more aggressive. Especially when most of the time they are f.cked up on the plant drug Khat.
4) Contacts (shots fired) most likely occurs in International Waters thus:
Shooting approaching pirates could land crew members in trouble with foreign governments and lead to liabilities for their employers. What legal consequences would have arming the cargo ships in torpedoes and machine guns and sinking approaching pirate boats?
Specific consequences depend on specifics, such as:
Where the incident occurred.
Whether it occurred wholly or in part in international or national waters; or multiple potentially overlapping national waters.
The flag-state of ship.
The nationality of the company owning the ship.
The nationality of each crew member, especially the captain.
The port that the ship is currently docked at during trial.
The country the trial actually occurs in.
The state of belligerency between any of the nations or nationalities listed above.
The nature of business that the merchant ship was undertaking. Whether the merchant ship itself was hostis humani generis.
http://politics.stackexchange.com/questions/2291/what-actions-are-lega l-against-pirates-for-private-ships
5) I gave you one example of a country's rules when it comes to Privately Contracted Armed Security Personnel (PCASP) on board ships. What do you do if your tanker vessel is going to numerous ports with each country having different laws on having mercenaries and weapons on board and one says they are Persona non grata, what do you do then? See quotes and article at the end...
6) If you were a crew member on a oil or natural gas tanker ship would you really like your PCASPs firing on pirates who are firing back with AK-47s and Rocket Propelled Grenades? BOOM!
Piracy fears over ships laden with weapons in international watershttp://www.theguardian.com/world/2013/jan/10/pirate-weapons-floating-a rmouries
Private security companies guarding ships against Somali pirates are increasingly storing their weapons on so-called "floating armouries" in international waters, to avoid arms smuggling laws when they dock in ports. The legal status of these armouries is unclear, and industry experts are concerned that the absence of regulation leaves the armouries vulnerable to attack from the pirates they are intended to guard against.
The presence of armed guards on board ships has helped dramatically reduce hijacks by Somali pirates, but raised problems of the legality of the arms used. Carrying weapons into a country can be considered arms smuggling, using weapons without licence, breaching an arms embargo (especially in Somalia) and other offences. Some countries that permit ships to enter port with armed guards may not allow them to leave with their weapons.
Before floating armouries were introduced, security companies either went through the costly and complicated process of using a handful of officially approved onshore armouries or got round the problem altogether by buying guns illegally in Yemen and dumping them at sea when going in to dock at a port. Now they are able to drop weapons off at the armoury and collect them again when heading back out to sea.
By using armories private security companies are able to avoid the bureaucracy of local ports, save on port costs and not waste time deviating to ports to collect guards.
So instead of the mercenaries having their firearms and weapons on them at all times or secured properly in the ship's gun safe they are now sitting out in International Waters in floating armories. Don't get me wrong PCASPs have definitely had an effect on piracy hijacking off Somalia however having these guys on your ships leaves you open to all sorts of dangers directly and indirectly. Lets not forget to that the Multinational Navy Task Forces via the UN have done a majority of the maritime security in the area!
The presence of armed guards on board ships has helped dramatically reduce hijacks by Somali pirates, but raised problems of the legality of the arms used.
Carrying weapons into a country can be considered arms smuggling, using weapons without licence, breaching an arms embargo (especially in Somalia) and other offences. Some countries that permit ships to enter port with armed guards may not allow them to leave with their weapons.
Before floating armouries were introduced, security companies either went through the costly and complicated process of using a handful of officially approved onshore armouries or got round the problem altogether by buying guns illegally in Yemen and dumping them at sea when going in to dock at a port. Now they are able to drop weapons off at the armoury and collect them again when heading back out to sea.
By using armories private security companies are able to avoid the bureaucracy of local ports, save on port costs and not waste time deviating to ports to collect guards. So instead of the mercenaries having their firearms and weapons on them at all times or secured properly in the ship's gun safe they are now sitting out in International Waters in floating armories. Don't get me wrong PCASPs have definitely had an effect on piracy hijacking off Somalia however having these guys on your ships leaves you open to all sorts of dangers directly and indirectly.
Lets not forget to that the Multinational Navy Task Forces via the UN have done a majority of the maritime security in the area!Just something I've written to copy and paste when people ask about why it not always foolproof to have Armed Security aboard to ward off pirates.
If you're not willing to give up everything, you've already lost
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Ironman54
8 years ago
"Apparently it is illegal by international law for commercial shipping vessels to have guns on board."
As the old sayin' goes:
Better to be judged by 12 (or, in this case, whoever handles maritime law) than buried by 6.
As a Capt., I'd be damned if if I would head out to sea, pirates or not, without some kind
of firearm and a few pair of cuffs, the law be damned.
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