Presentation by Guillaume Loonis Quélen at a conference of the Union des Avocats Européens (UAE), Marseille, 28 October 2011.
The use of private security companies (PSCs) in the maritime industry, particularly to combat piracy, raises numerous legal and practical issues. The international legal framework remains incomplete, while national frameworks vary significantly, as illustrated by the contrasting approaches of France and the United States. The status of armed guards, often civilians, raises questions of responsibility and legitimacy, especially in cases involving the use of force. Tensions may arise between the authority of the ship’s captain and that of the PSC team leader. Furthermore, hostile acts can be legally classified as piracy or armed robbery depending on the circumstances, creating uncertainties about the applicable law. Arms supply also presents logistical and legal challenges, particularly during port calls. The lack of information provided to economic partners (insurers, ports, charterers) regarding the presence of PSCs on board poses risks in terms of liability and reputation. In response to these challenges, a move toward certification of PSCs and improved international coordination appears necessary to legally secure their use at sea.