Piracy, Mediation & seafarers

Download Piracy, Mediation & seafarers

Post on 07-Dec-2014

199 views

Category:

Law

3 download

Embed Size (px)

DESCRIPTION

Piracy, Mediation & seafarers

TRANSCRIPT

<ul><li> 1. Piracy at sea ! Helen Tung Barrister, One Temple Avenue Chambers 2014 </li> <li> 2. INTRODUCTION! 1. What is mediation? ! 2. What is piracy? 3. What is kidnap and ransom?! 4. What are the consequences?! 5. What is the impact on seafarers?! 6. How could mediation be used here?! 7. What are the views in the shipping industry?! </li> <li> 3. 3 1. What is the mediation? ! What is your definition? How do you use it? What are the benefits? What are the disadvantages? Would you use it here?! </li> <li> 4. 4 2. What is piracy?! How did piracy start? Result of illegal overfishing - Taiwan, China, Japan, South Korea and Spain (flags of convenience) Impact of 2004 Indian Ocean Tsunami and impact on Somali fishermen (Mason, 2014) Piracy = crime against ships and boats outside territorial waters 1982 UNCLOS, piracy definition: ..any illegal acts of violence or detention..committed for private ends by he crew or passengers of a private ship 1. on high seas; 2. against a ship, aircraft or property in a place outside the jurisdiction of any state.! </li> <li> 5. 2. What is piracy?! - Piracy at sea = Old phenomenon - Kidnapping &amp; ransom of the ship and the seafarers is new - From 2008 to 2012 almost 1,900 piracy attacks were counted worldwide 2010: 32 line vessels attacked, 6 hijacked 2011: 439 pirate attacks, 45 merchant vessels hijacked. 62 liner vessels, 1 hijacked 237 attacks and 28 hijacks occurred Gulf of Aden. 1st 3 months of 2013, 4 vessels were hijacked, 51 were boarded, 7 were Oired upon and 4 reported attempted attacks. Seventy-Oive crew members were taken hostage, 14 kidnapped and 1 killed 5 (ICC-CCS.org) Piracy has cost the world around 18b USD J.F. Hansen of Danish Shipowners Association! </li> <li> 6. http://www.lsansimon.com/wp-content/uploads/2013_Q3_IMB_Piracy_Report.pdf 6 </li> <li> 7. 7 2. What is piracy? High speed skiffs Automatic weapons Rocket propelled grenades (RPGs) Consequences Risk of life Economic: US $3.9 and US $8.3 b ( Geopolicity &amp; Marsh) v $165 b (Abrahamsen &amp; Williams, 2009) Social Political: close to int. security industry (Briggs 2001) Personal: Traumatic physical &amp; psychological experience (Zannoni 2003)Time av. 2010 (205 days) 2011 (214 days)! </li> <li> 8. 8 3. What is kidnap and ransom?! UK : kidnap = common-law offence triable upon indictment only aggravated form of false imprisonment (Warburton, 2007) Definition, Lord Brandon in R v D ([1984] AC 778) is committed by the taking or carrying away of persons without their consent, by force or fraud, and without lawful excuse. not straight forward (M.K.Noor-Mohamed 2014)! </li> <li> 9. 3. What is kidnap and ransom?! Ransom - Somali context = millions of dollars since 25 - ransom payments to Somali pirates est. b/w $339 to $413 (USD) m b/w 2005-2012 (UNODC &amp; World Bank); - Focus Somalia, Djibouti, Ethiopia, Kenya and Seychelles -b/w 2005-2012, 179 ships hijacked off coast of Somalia and Horn of Africa -Average pay $2.7m USD, ordinary receiving $30,000 to $75,000 each + bonuses for weapons &amp; boarding ship (Nikoli - 2013 ) 9 </li> <li> 10. 3. What is kidnap and ransom?! 1. Hijack for transportation 2. Extortion hijacking (Holden, 1986)! </li> <li> 11. Case study 1: MV Faina, loaded with Soviet era tanks and other heavy weapons cargo ship seized Sept 25 2008 Navy did not take action, as pirates still hold many hostages from other ships: Cmdr. Jane Campbell (U.S Navys Bahrain based 5th Fleet) 147 hostages concern for well being ..Somali piracy no longer affected just small coastal vessels but important and dangerous cargos (Roger Middleton, Analyst. SkyNews)! 11 3. What &amp; who -kidnapped? </li> <li> 12. 3. What &amp; who is kidnapped?! Case study 2: MV Biscaglia Nov 28, 2008 chemical tanker under attack Gulf of Aden security= two unarmed men tons of highly flammable palm oil (Carl Mason, Pirate Hunter)! </li> <li> 13. 3. What &amp; who - kidnapped? Case study 3: MV Orna hijacked in Dec 2010 400 nautical miles NE of Seychelles pirates hold 6 ships, some 170 crew (Huffington Post, 2012) $600,000 ransom paid - 6 hostages still held by pirates on land P shot and killed on elf ships crews in Aug 2012 over delayed ransom payment! </li> <li> 14. 14 4. What are the consequences?! Loss of or damage to ship Ransom to secure release seized ship, crew &amp; cargo-who pays? ships hull &amp; machinery (M&amp;M) marine Risk war risks insurance policy Kidnap &amp; ransom (K&amp;R) insurance issues relating to payment of ransom loss of hire protection and indemnity (P&amp;I) position implications of employing PMSCs ! </li> <li> 15. I think the best way to actually fight the piracy is to tackle these things from the land (Somali PM Omar A.A. Sharmarke) non functioning national Gov. since 1991 Islamist insurgents control much of south and centre of country (Int. Maritime Bureau) Warships: US, India, UK, France, Germany, China, SK! 15 4. What are the consequences?! </li> <li> 16. 5. What is the impact on seafarers?! Post-traumatic stress disorder (PTSD) syndrome obsessive compulsive behaviour paranoid ideation generalised anxiety social phobia depression comparison on victims of political conflicts, war prisoners impact on victims not yet fully investigated (ansa.it) Now I dont have another choice, its my job, my mlife, [I] miss my wife and child. (N. Gerasimos, Ship Assistant) [impact] because of it they will never come back to sea again. (Reverend Peter Ellis, Mission to Seamen (HK))! </li> <li> 17. 17 5. What is the impact on seafarers?! Findings 2011 Oceans Beyond Piracy Report human cost to piracy 3,863 seafarers were Oired upon by Somali pirates with assault riOles and rocket propelled grenades; 968 seafarers came into close contact with pirates, who managed to board their vessels; 413 seafarers were rescued from citadels; 1,206 hostages were held captive by Somali pirates; 555 seafarers were taken hostage in 2011; 645 hostages were captured in 2010 and remained captive during 2011; 6 tourists and aid workers were kidnapped on land; 35 hostages died as a result of pirate captivity in 2011; Average length of captivity was 8 months. </li> <li> 18. Save Our Seafarers: The Cost of Piracy SaveOurSeafarers was established in March 2011 and is calling for unified action to raise awareness of the human and economic cost of piracy. We are one of the biggest ever maritime industry groupings, comprising twenty-eight organisations that have joined together to raise awareness of the human and economic cost of piracy. Our campaign has gained support worldwide including, the Philippines, South Africa, the Netherlands, the United Arab Emirates and from many other countries within Europe. We understand the problems Somalia faces (the most prolific area for attacks) after 20 years of vicious civil war but we believe our innocent seafarers and the global economy have the right to protection. We are asking Governments to take a firmer stance to help tackle piracy by prioritising six key actions: -Reducing the effectiveness of the easily-identifiable motherships -Authorising naval forces to hold pirates and deliver them for prosecution and punishment -Fully criminalising all acts of piracy and intent to commit piracy under national laws, in accordance with their mandatory duty to co-operate to suppress piracy under international conventions -Increasing naval assets available in this area -Providing greater protection and support for seafarers -Tracing and criminalising the organisers and financiers behind the criminal networks. http://www.saveourseafarers.com This film was produced by YourFilm and won the Tyne Tees &amp; Borders Royal Television Society Award 2011 for Best Promotion or Commercial.http://www.youtube.com/watch?v=ykKQJkMkyfQ! 18 5. What is the impact on seafarers?! </li> <li> 19. 6. How could mediation be used here?! Would you mediate? When would you consider it? How would you initiate it? What does it mean to mediate? Between which parties would you mediate? What possible outcomes would you envisage?! </li> <li> 20. 6. How could mediation be used here?! Case Study 4: Spanish trawler Alakrana&amp; 36 crew Spanish warship looked on as $3.3 m ransom delivered to Somali pirates The government did what it had to do, PM Jose L.R.Zapatero. The important thing is that the sailors will be back with us. The first obligation of a country, of the government of a state, is to save the lives of its countrymen. (Huffington Post 09)! </li> <li> 21. 7. What are the views in the shipping industry? ! The pirates also have the power to corrupt the regional and international economies (Stuart Yikona, World Bank) Shipowners could do nothing but sit and wait. The crew are foremost for us, so when we heard the captains distress it was difOicult. (Per Gullstrup, CEO of Clipper Projects)! </li> <li> 22. 7. What are the views in the shipping industry?! Case study 5: Savina Caylyn and crew Long captivity 316 days Italian maritime traffics -most attacked 41 ships attacked in Indian Ocean (2005-2012) and 4 kidnapped (2011 to 2015) (ICC-CCS.org)! </li> <li> 23. 7. What are the views in the shipping industry? ! Case study 6: South Korean ship operating off Somalia (2000) operating off coast of Somalia S.Ks Joint Chiefs of Staff, 4,500 ton class warship sent a Lynx helicopter to assist N.K vessel took place 37 km south of Yemeni port of Aden! </li> <li> 24. 7. What are the views in the shipping industry? ! 11 Somali pirates captured 900km east of the Kenyan port of Mombasa by French warship taken to Kenya for trial (French MoD) International Tribunal? Britain, US and EU signed MoU with Nairobi that Kenya act as tribunal Issues? Short of funds?! </li> <li> 25. 7. What are the views in the shipping industry? ! World Shipping Council (WSC) International Chamber of Shipping (ICS) International Maritime Organisation (IMO) Best Management Practices (BMPs): avoid, deter, delay International Transport Workers Federation (ITF) Save our Seafarers campaign ID mother ship naval forces to detain pirates &amp; for prosecution and punishment co-operation under international convention! </li> <li> 26. 7. What are the views in the shipping industry? Private Maritime Security Companies Montreux Document PSC1 ICoC ISO 20078 SOLAS, Art 34-1 The Owner, Charter, the Company operating the ship as defined in Reg. 1X/1 or an other person shall not prevent or restrict the Master of the ship from taking or executing any decision which, in the Masters professional judgement, is necessary for the safety of life at sea and protection of the marine environment. ISPS code: At all times the master of a ship has the ultimate responsibility Maersk Alabama Case 2009! </li> <li> 27. 7. What are the views in the shipping industry?! The shipping industry needs to ensure that people who own ships are bona fide operators and can afford to protect the crews they hire. (Roy Paul, MPHRP) Insurers: require disclosure &amp; information Cargo: legality, contract, infor...</li></ul>