Maritime security and terrorist acts committed at sea Counter-Terrorism Committee Executive Directorate (CTED) 2010 1 Maritime security and terrorist acts committed at sea • Definition of crimes committed at Sea: • Illicit acts against the safety of navigation, • Acts of violence against a ship, its passengers or its crew, • Acts using a ship as a weapon against navigational safety, • Using the sea as : – a means of providing logistic support for terrorist activities; – a platform to launch a strike against a state or to use a ship as a weapon • Hostage-taking, terrorist bombing, financing of terrorism, illegal arms trafficking and smuggling related to terrorist activities. • Mandate of CTC/CTED does not include Piracy. 2 Maritime security and terrorist acts committed at sea Available tools: • 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (“SUA Convention”). • Protocol of 2005 to the SUA Convention. • 2005 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf . • 1974 International Convention for the Safety of Life at Sea (SOLAS). Amended in 2002 to establish the new International Ship and Port Facility Security Code (ISPS Code). • ILO Seafarers’ Identity Documents Convention (Revised) 2003 No 185 3 Maritime security and terrorist acts committed at sea Legal challenges: SUA Convention”) was ratified by 156 States and its Protocol was ratified by 145 member States. 27 coastline states did not ratify the SUA Convention. 38 coastline states still need to ratify its 1988 protocol. Only 11 states are party to the 2005 protocol to the SUA Convention. Only 9 are party to the 2005 Protocol to the Protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf. Only 17 States ratified the ILO Convention No. 185 on Seafarers’ Identity Documents . 4 Maritime security and terrorist acts committed at sea • Operational challenges: • Identity of the crew, the processing of SID applications. • Provisions of Chapter XI-2 of SOLAS, and (ISPS Code) are not fully implemented. • limited percentage of imported sea cargo containers inspected. • Border controls at sea. • Other crimes. 5 Maritime security and terrorist acts committed at sea Recommendations: • • • • • • • • Ratify the international instruments to incorporate their provisions into domestic laws and/or regulations. Implement effectively security measures relevant to port facilities and offshore platforms. Promote wherever possible the international, regional and sub-regional dimension of the security at sea. Implement and train national officials on the legal regime applicable. Implement and train national officials on the security measures requirements. Implement and train national officials on the security of international, regional and sub-regional arrangements in place Improve and develop law enforcement and border controls at sea at national and regional levels. Implement a secured Seafarers Identification Document in accordance with the provisions of the ILO Convention No 185 (2003). 6 Maritime security and terrorist acts committed at sea Conclusion: - Develop/adapt relevant national legislations so as to fully incorporate the relevant provisions of the international instruments; - Put in place the necessary security arrangements, in line with the relevant international instruments; and - Improve law enforcement capacity and border controls, including at sea; - Work with IRO, UNODC, IMO, WCO, Interpol and all specialized agencies. 7 8