Guidance to shipowners, companies1, ship operators, shipmasters and crews on preventing and suppressing acts of piracy* and armed robbery** against ships
1 The term “company” is defined in SOLAS regulations IX/1 and XI-2/1.
* The following definition of piracy is contained in Article 101 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) (article 101):“Piracy consists of any of the following acts:
- any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
- on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
- against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
- any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
- any act inciting or of intentionally facilitating an act described in subparagraph (a) or (b).”
** The Subregional meeting on piracy and armed robbery against ships in the Western Indian Ocean, Gulf of Aden and Red Sea area, held in Dar es Salaam, United Republic of Tanzania, from 14 to 18 April 2008, agreed to modify this definition. Consistent with the ReCAAP Agreement, the “private ends” motive has been added to the definition.
The formulation “within internal waters, archipelagic waters and territorial sea” replaced “within a State’s jurisdiction”. The new formulation reflects the views of France, supported by other States participating in the meeting, that the definition for armed robbery against ships should not be applicable to acts committed seaward of the territorial sea. The new definition reads: “Armed robbery against ships” means any unlawful act of violence or detention or any act of depredation, or threat thereof, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on board such a ship, within a State’s internal waters, archipelagic waters and territorial sea.