Publication

Abstract : pAs a part of a robust and determined effort to deter piracy, almost 35% of the flag states have already deployed armed forces on merchant ships. These armed forces may be either private armed security guards or military personnel, better known as Vessel Protection Detachments (VPD). The use of armed forces on merchant ships has been recognized internationally as a successful and cheaper option to combat piracy. This practice of deploying armed forces without proper Rules for the Use of Force (RUF) may produce serious jurisdictional conflicts between the flag states and coastal states. In the Enrico Lexie case, one of the main reasons for the jurisdictional conflict between India and Italy may be the absence of global standards and strict rules for the use of armed forces on merchant ships. In the present scenario, the coastal state's law enforcement agencies and their security task forces will face serious legal and political repercussions when exercising jurisdiction over vessels deployed with armed forces. In this paper, the key legal issues pertaining to the use of armed forces on merchant ships without proper RUF, and the limitations of the coastal state criminal jurisdiction over such vessels, are critically analysed with special reference to India. The paper argues for a more controlled system, well supported by global standards and strict rules for the use of force on merchant ships./p