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Maritime piracy, particularly in the Gulf of Aden, has had a major economic impact on several developing countries, justifying the increasing use of private security companies (PSCs) aboard merchant vessels. While their operational effectiveness is recognized, their use raises significant legal questions: lack of universal regulation, uncertain status of armed guards (often supernumeraries without maritime training), risks of authority conflicts with captains, legal ambiguity regarding the classification of violent acts (piracy or armed robbery), and potential liability in case of incidents.

The international framework relies on a patchwork of binding norms (SOLAS, ISPS, SUA) and recommendations (IMO circulars, Montreux Document, PSC Code of Conduct), with uncertain application at sea. Concrete issues persist, such as arms supply, informing economic partners, and recognition of national jurisdictions, especially in states with extensive territorial seas or poorly transposed international law.

The presentation concludes with an urgent need for a specific international legal framework for maritime PSCs, potentially in the form of a dedicated annex to the Code of Conduct, and recommends governance based on transparency, legitimacy, and coordination among flag, port, and coastal states.

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.