Ships and marine technology. Guidelines for Private Maritime Security Companies (PMSC) providing privately contracted armed security personnel (PCASP) on board ships (and pro forma contract)

2015 ◽  
Keyword(s):  
Maritime Security ◽  
Security Personnel ◽  
Marine Technology ◽  
Pro Forma ◽  
Security Companies

scholarly journals Revisiting the Legal Framework for Private Military and Security Contractors: Maritime Perspective

2020 ◽  
Vol 8 (1) ◽  
pp. 166-182
Author(s):  
Vijaya Singh Gautam ◽  
Vijay Mishra
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Maritime Security ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Humanitarian Law ◽  
Training Techniques ◽  
Security Companies ◽  
Security Contractors

The paper aims to analyse legal lacunas and suggest possible solutions for the acts and wrongdoings of Private Military and Security Companies within the lens of maritime activities. The paper has been divided into three parts. Part I deals with the necessity and role of Private Military and Security Companies in the present times. Part II discusses the legal status of Private Military and Security Companies and ways of ensuring responsibility for their acts. Part III examines the legal framework for the acts of Private Maritime Security Companies. An assessment of the rules of international humanitarian law (IHL), state responsibility, applicability of the Montreux document and efforts such as GUARDCON have been discussed to highlight the inadequacy of the laws on Private Maritime Security Companies. There has been an upsurge in the employment of Private Maritime Security Companies since 2008 to cope with a myriad of problems at sea including piracy and robbery. However, an umbrella of rules including employment procedures, agreements, training techniques, responsibility in peacetime as well as in times of conflict and the guidelines of IHL must be restructured or enhanced in order to be made applicable to Private Maritime Security Companies.

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