• Home
  • About RSIS
    • Introduction
    • Building the Foundations
    • Welcome Message
    • Board of Governors
    • Staff Profiles
      • Executive Deputy Chairman’s Office
      • Dean’s Office
      • Management
      • Distinguished Fellows
      • Faculty and Research
      • Associate Research Fellows, Senior Analysts and Research Analysts
      • Visiting Fellows
      • Adjunct Fellows
      • Administrative Staff
    • Honours and Awards for RSIS Staff and Students
    • RSIS Endowment Fund
    • Endowed Professorships
    • Career Opportunities
    • Getting to RSIS
  • Research
    • Research Centres
      • Centre for Multilateralism Studies (CMS)
      • Centre for Non-Traditional Security Studies (NTS Centre)
      • Centre of Excellence for National Security (CENS)
      • Institute of Defence and Strategic Studies (IDSS)
      • International Centre for Political Violence and Terrorism Research (ICPVTR)
    • Research Programmes
      • National Security Studies Programme (NSSP)
      • Studies in Inter-Religious Relations in Plural Societies (SRP) Programme
    • Future Issues and Technology Cluster
    • [email protected] Newsletter
    • Other Research
      • Science and Technology Studies Programme (STSP) (2017-2020)
  • Graduate Education
    • Graduate Programmes Office
    • Overview
    • MSc (Asian Studies)
    • MSc (International Political Economy)
    • MSc (International Relations)
    • MSc (Strategic Studies)
    • NTU-Warwick Double Masters Programme
    • PhD Programme
    • Exchange Partners and Programmes
    • How to Apply
    • Financial Assistance
    • Meet the Admissions Team: Information Sessions and other events
    • RSIS Alumni
  • Alumni & Networks
    • Alumni
    • Asia-Pacific Programme for Senior Military Officers (APPSMO)
    • Asia-Pacific Programme for Senior National Security Officers (APPSNO)
    • International Strategy Forum-Asia (ISF-Asia)
    • SRP Executive Programme
    • Terrorism Analyst Training Course (TATC)
  • Publications
    • RSIS Publications
      • Annual Reviews
      • Books
      • Bulletins and Newsletters
      • Commentaries
      • Counter Terrorist Trends and Analyses
      • Commemorative / Event Reports
      • IDSS Paper
      • Interreligious Relations
      • Monographs
      • NTS Insight
      • Policy Reports
      • Working Papers
      • RSIS Publications for the Year
    • Glossary of Abbreviations
    • External Publications
      • Authored Books
      • Journal Articles
      • Edited Books
      • Chapters in Edited Books
      • Policy Reports
      • Working Papers
      • Op-Eds
      • External Publications for the Year
    • Policy-relevant Articles Given RSIS Award
  • Media
    • Great Powers
    • Sustainable Security
    • Other Resource Pages
    • Media Highlights
    • News Releases
    • Speeches
    • Vidcast Channel
    • Audio/Video Forums
  • Events
  • Giving
  • Contact Us
Facebook
Twitter
YouTube
RSISVideoCast RSISVideoCast rsis.sg
Linkedin
instagram instagram rsis.sg
RSS
  • Home
  • About RSIS
      • Introduction
      • Building the Foundations
      • Welcome Message
      • Board of Governors
      • Staff Profiles
        • Executive Deputy Chairman’s Office
        • Dean’s Office
        • Management
        • Distinguished Fellows
        • Faculty and Research
        • Associate Research Fellows, Senior Analysts and Research Analysts
        • Visiting Fellows
        • Adjunct Fellows
        • Administrative Staff
      • Honours and Awards for RSIS Staff and Students
      • RSIS Endowment Fund
      • Endowed Professorships
      • Career Opportunities
      • Getting to RSIS
  • Research
      • Research Centres
        • Centre for Multilateralism Studies (CMS)
        • Centre for Non-Traditional Security Studies (NTS Centre)
        • Centre of Excellence for National Security (CENS)
        • Institute of Defence and Strategic Studies (IDSS)
        • International Centre for Political Violence and Terrorism Research (ICPVTR)
      • Research Programmes
        • National Security Studies Programme (NSSP)
        • Studies in Inter-Religious Relations in Plural Societies (SRP) Programme
      • Future Issues and Technology Cluster
      • [email protected] Newsletter
      • Other Research
        • Science and Technology Studies Programme (STSP) (2017-2020)
  • Graduate Education
      • Graduate Programmes Office
      • Overview
      • MSc (Asian Studies)
      • MSc (International Political Economy)
      • MSc (International Relations)
      • MSc (Strategic Studies)
      • NTU-Warwick Double Masters Programme
      • PhD Programme
      • Exchange Partners and Programmes
      • How to Apply
      • Financial Assistance
      • Meet the Admissions Team: Information Sessions and other events
      • RSIS Alumni
  • Alumni & Networks
      • Alumni
      • Asia-Pacific Programme for Senior Military Officers (APPSMO)
      • Asia-Pacific Programme for Senior National Security Officers (APPSNO)
      • International Strategy Forum-Asia (ISF-Asia)
      • SRP Executive Programme
      • Terrorism Analyst Training Course (TATC)
  • Publications
      • RSIS Publications
        • Annual Reviews
        • Books
        • Bulletins and Newsletters
        • Commentaries
        • Counter Terrorist Trends and Analyses
        • Commemorative / Event Reports
        • IDSS Paper
        • Interreligious Relations
        • Monographs
        • NTS Insight
        • Policy Reports
        • Working Papers
        • RSIS Publications for the Year
      • Glossary of Abbreviations
      • External Publications
        • Authored Books
        • Journal Articles
        • Edited Books
        • Chapters in Edited Books
        • Policy Reports
        • Working Papers
        • Op-Eds
        • External Publications for the Year
      • Policy-relevant Articles Given RSIS Award
  • Media
      • Great Powers
      • Sustainable Security
      • Other Resource Pages
      • Media Highlights
      • News Releases
      • Speeches
      • Vidcast Channel
      • Audio/Video Forums
  • Events
  • Giving
  • Contact Us
  • instagram instagram rsis.sg
Connect

Getting to RSIS

Map

Address

Nanyang Technological University
Block S4, Level B3,
50 Nanyang Avenue,
Singapore 639798

View location on Google maps Click here for directions to RSIS

Get in Touch

    Connect with Us

      rsis.ntu
      rsis_ntu
      rsisntu
    RSISVideoCast RSISVideoCast rsisvideocast
      school/rsis-ntu
    instagram instagram rsis.sg
      RSS
    Subscribe to RSIS Publications
    Subscribe to RSIS Events

    RSIS Intranet

    S. Rajaratnam School of International Studies Think Tank and Graduate School Ponder The Improbable Since 1966
    Nanyang Technological University Nanyang Technological University

    Skip to content

     
    • RSIS
    • Publication
    • RSIS Publications
    • CO05075 | Governments Meet to Strengthen Maritime Security Legal Measures
    • Annual Reviews
    • Books
    • Bulletins and Newsletters
    • Commentaries
    • Counter Terrorist Trends and Analyses
    • Commemorative / Event Reports
    • IDSS Paper
    • Interreligious Relations
    • Monographs
    • NTS Insight
    • Policy Reports
    • Working Papers
    • RSIS Publications for the Year

    CO05075 | Governments Meet to Strengthen Maritime Security Legal Measures
    Catherine Zara Raymond

    27 October 2005

    download pdf
    RSIS Commentary is a platform to provide timely and, where appropriate, policy-relevant commentary and analysis of topical and contemporary issues. The authors’ views are their own and do not represent the official position of the S. Rajaratnam School of International Studies (RSIS), NTU. These commentaries may be reproduced with prior permission from RSIS and due credit to the author(s) and RSIS. Please email to Editor RSIS Commentary at [email protected].

    Commentary

    The Perfect Cover

    The maritime domain, the vast majority of which is international waters, has traditionally been one characterized by a lack of control bordering on the anarchic. It has therefore proved to be an ideal environment for those engaged in transnational crime and terrorism. In Southeast Asia in particular, the maritime domain is readily exploited by a number of different criminal elements. Piracy continues to take place on a daily basis and is showing no sign of abating. The Jemaah Islamiah terrorist group is suspected of utilizing the maritime domain for the transfer of its personnel from Malaysia to training camps in the Philippines and the Abu Sayyaf Group continues to conduct terrorist attacks on Philippine ferries and other maritime targets.

    While deterrent measures and intelligence gathering are vital for preventing pirate or terrorist attacks, the appropriate legal measures must also be put in place in order to ensure that once an attack has occurred the offenders can be prosecuted. However, the issue of sovereignty, whether that be sovereignty over territorial waters or aboard a vessel at sea, has proved to be a stumbling block to the development of a comprehensive legal maritime regime. Differing legal traditions amongst the world’s states has also led to the failure of many such initiatives.

    Legal Measures to be Strengthened

    In what represents a significant step for international maritime law, substantial amendments to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention) have been adopted by the Diplomatic Conference on the Revision of the SUA Treaties, which took place from 10 to 14 October.

    The Convention itself was adopted in 1988 shortly after the hijacking of the cruise liner Achille Lauro by Palestinian terrorists. During this high-profile maritime terrorist attack the crew and passengers were held hostage and were threatened with death should a group of Palestinian prisoners detained in Israel not be freed. In the course of the incident a disabled American citizen was murdered and his body and wheelchair were thrown into the sea in full view of the international press. This attack triggered an international response and the result was the adoption of the SUA Convention, the main purpose of which is to ensure that appropriate action is taken against persons committing unlawful acts against sea-going vessels. These include:

    • The seizure of ships by force;
    • Acts of violence against persons on board ships;
    • The placing of devices on board a ship which are likely to destroy or damage it.

    The convention obliges contracting governments either to extradite or prosecute alleged offenders, therefore ensuring that anyone committing such unlawful acts will not be able to seek shelter in a foreign country and avoid trial for their criminal acts.

    The adopted amendments to the SUA Convention, also known as the Protocol of 2005, are aimed at strengthening the Convention in order to provide an appropriate response to the increasing risks posed to maritime navigation by international terrorism. Speaking at the opening of the Diplomatic Conference, International Maritime Organization (IMO) Secretary-General Mr. Efthimios E. Mitropoulos said that the adoption of the amendments to the SUA Convention was ‘yet another milestone in the field of treaty-making, this time aimed at further unifying international law with the purpose of preventing the maritime infrastructure from becoming a victim and eventually [will become] the scourge of terrorism worldwide.’

    The 2005 Protocol

    The amendments adopted at the conference include the addition of a new offence, which is concerned with activities on board or directed against a ship that involve a terrorist purpose. The activities proscribed by the Protocol are:

    • The use of chemical, biological or nuclear weapons against or on a ship.
    • The discharge of hazardous or noxious substances from a ship.
    • The use of a ship in a manner that causes death, serious injury or damage.
    • The transport on board a ship of any biological, chemical or nuclear weapon (WMD), or their related material.

    There is also a provision for the boarding of vessels on the high-seas suspected of being involved in terrorist activities, or transporting WMD or their related material, with the aim of neutralizing their potentially damaging consequences. The Protocol states that the authorization and cooperation of the flag state is required before such a boarding can take place.

    The Need for Legal Measures

    Following 9/11, governments around the world hurried to address the vulnerabilities in the aviation sector that had allowed Al Qaeda terrorists to successfully carry out a devastating attack on the US. Not long after, the maritime sector was subject to the same scrutiny. Despite ongoing efforts to enhance global maritime security, the maritime transportation system represents a vulnerable and highly valuable target for terrorists. The uninterrupted flow of international seaborne trade is vital to the stability of the world’s economy. If this international supply chain was broken by terrorist attacks against commercial shipping or ports economic chaos would ensue. Thus there is a great need for strong, comprehensive maritime legal measures.

    Although the SUA Convention has been signed by 126 out of 166 IMO Member states, which is a high number of contracting states in comparison to many other maritime conventions, a number of countries are conspicuously missing from the list, given their important position as guardians of strategically important waterways. In Southeast Asia only Singapore, Vietnam, Philippines, Myanmar and Brunei are signatories to the SUA Convention. Speaking at the close of the Diplomatic Conference, Efthimios E. Mitropoulos stated that, “The usual request for States to become Parties to any new IMO treaty is, in the case of the two Protocols adopted today, an urgent plea….We are running a race against time in our efforts to prevent and suppress unlawful acts against the safety of maritime navigation and to bring to justice the perpetrators of the unlawful acts covered by the 2005 SUA Protocols.”

    However, the new amendments have caused some concern and have been the subject of much debate. Disagreement over the definition of what constitutes an act of terrorism being one of the most difficult obstacles to overcome. There is a worry that the proposed measures could be abused, particularly in the case of the boarding of ships suspected of being involved in terrorist activity. The addition of the transportation of biological, chemical and nuclear weapons to the list of activities which constitute an offense has also been a subject of contention.

    Before the amended SUA Convention can enter into force it must be signed or ratified by twelve states. While it is widely agreed that there is a need for a strong legal regime at sea, many states may be hesitant to sign up to this newly strengthened convention. Until they do so, terrorists and other transnational criminal elements will continue to operate unchallenged in the maritime domain.

    About the Author

    Catherine Zara Raymond is an Associate Research Fellow at the Institute of Defence and Strategic Studies (IDSS), Nanyang Technological University, Singapore.

    Categories: Commentaries / Maritime Security / Global

    Last updated on 28/10/2014

    RSIS Commentary is a platform to provide timely and, where appropriate, policy-relevant commentary and analysis of topical and contemporary issues. The authors’ views are their own and do not represent the official position of the S. Rajaratnam School of International Studies (RSIS), NTU. These commentaries may be reproduced with prior permission from RSIS and due credit to the author(s) and RSIS. Please email to Editor RSIS Commentary at [email protected].

    Commentary

    The Perfect Cover

    The maritime domain, the vast majority of which is international waters, has traditionally been one characterized by a lack of control bordering on the anarchic. It has therefore proved to be an ideal environment for those engaged in transnational crime and terrorism. In Southeast Asia in particular, the maritime domain is readily exploited by a number of different criminal elements. Piracy continues to take place on a daily basis and is showing no sign of abating. The Jemaah Islamiah terrorist group is suspected of utilizing the maritime domain for the transfer of its personnel from Malaysia to training camps in the Philippines and the Abu Sayyaf Group continues to conduct terrorist attacks on Philippine ferries and other maritime targets.

    While deterrent measures and intelligence gathering are vital for preventing pirate or terrorist attacks, the appropriate legal measures must also be put in place in order to ensure that once an attack has occurred the offenders can be prosecuted. However, the issue of sovereignty, whether that be sovereignty over territorial waters or aboard a vessel at sea, has proved to be a stumbling block to the development of a comprehensive legal maritime regime. Differing legal traditions amongst the world’s states has also led to the failure of many such initiatives.

    Legal Measures to be Strengthened

    In what represents a significant step for international maritime law, substantial amendments to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention) have been adopted by the Diplomatic Conference on the Revision of the SUA Treaties, which took place from 10 to 14 October.

    The Convention itself was adopted in 1988 shortly after the hijacking of the cruise liner Achille Lauro by Palestinian terrorists. During this high-profile maritime terrorist attack the crew and passengers were held hostage and were threatened with death should a group of Palestinian prisoners detained in Israel not be freed. In the course of the incident a disabled American citizen was murdered and his body and wheelchair were thrown into the sea in full view of the international press. This attack triggered an international response and the result was the adoption of the SUA Convention, the main purpose of which is to ensure that appropriate action is taken against persons committing unlawful acts against sea-going vessels. These include:

    • The seizure of ships by force;
    • Acts of violence against persons on board ships;
    • The placing of devices on board a ship which are likely to destroy or damage it.

    The convention obliges contracting governments either to extradite or prosecute alleged offenders, therefore ensuring that anyone committing such unlawful acts will not be able to seek shelter in a foreign country and avoid trial for their criminal acts.

    The adopted amendments to the SUA Convention, also known as the Protocol of 2005, are aimed at strengthening the Convention in order to provide an appropriate response to the increasing risks posed to maritime navigation by international terrorism. Speaking at the opening of the Diplomatic Conference, International Maritime Organization (IMO) Secretary-General Mr. Efthimios E. Mitropoulos said that the adoption of the amendments to the SUA Convention was ‘yet another milestone in the field of treaty-making, this time aimed at further unifying international law with the purpose of preventing the maritime infrastructure from becoming a victim and eventually [will become] the scourge of terrorism worldwide.’

    The 2005 Protocol

    The amendments adopted at the conference include the addition of a new offence, which is concerned with activities on board or directed against a ship that involve a terrorist purpose. The activities proscribed by the Protocol are:

    • The use of chemical, biological or nuclear weapons against or on a ship.
    • The discharge of hazardous or noxious substances from a ship.
    • The use of a ship in a manner that causes death, serious injury or damage.
    • The transport on board a ship of any biological, chemical or nuclear weapon (WMD), or their related material.

    There is also a provision for the boarding of vessels on the high-seas suspected of being involved in terrorist activities, or transporting WMD or their related material, with the aim of neutralizing their potentially damaging consequences. The Protocol states that the authorization and cooperation of the flag state is required before such a boarding can take place.

    The Need for Legal Measures

    Following 9/11, governments around the world hurried to address the vulnerabilities in the aviation sector that had allowed Al Qaeda terrorists to successfully carry out a devastating attack on the US. Not long after, the maritime sector was subject to the same scrutiny. Despite ongoing efforts to enhance global maritime security, the maritime transportation system represents a vulnerable and highly valuable target for terrorists. The uninterrupted flow of international seaborne trade is vital to the stability of the world’s economy. If this international supply chain was broken by terrorist attacks against commercial shipping or ports economic chaos would ensue. Thus there is a great need for strong, comprehensive maritime legal measures.

    Although the SUA Convention has been signed by 126 out of 166 IMO Member states, which is a high number of contracting states in comparison to many other maritime conventions, a number of countries are conspicuously missing from the list, given their important position as guardians of strategically important waterways. In Southeast Asia only Singapore, Vietnam, Philippines, Myanmar and Brunei are signatories to the SUA Convention. Speaking at the close of the Diplomatic Conference, Efthimios E. Mitropoulos stated that, “The usual request for States to become Parties to any new IMO treaty is, in the case of the two Protocols adopted today, an urgent plea….We are running a race against time in our efforts to prevent and suppress unlawful acts against the safety of maritime navigation and to bring to justice the perpetrators of the unlawful acts covered by the 2005 SUA Protocols.”

    However, the new amendments have caused some concern and have been the subject of much debate. Disagreement over the definition of what constitutes an act of terrorism being one of the most difficult obstacles to overcome. There is a worry that the proposed measures could be abused, particularly in the case of the boarding of ships suspected of being involved in terrorist activity. The addition of the transportation of biological, chemical and nuclear weapons to the list of activities which constitute an offense has also been a subject of contention.

    Before the amended SUA Convention can enter into force it must be signed or ratified by twelve states. While it is widely agreed that there is a need for a strong legal regime at sea, many states may be hesitant to sign up to this newly strengthened convention. Until they do so, terrorists and other transnational criminal elements will continue to operate unchallenged in the maritime domain.

    About the Author

    Catherine Zara Raymond is an Associate Research Fellow at the Institute of Defence and Strategic Studies (IDSS), Nanyang Technological University, Singapore.

    Categories: Commentaries / Maritime Security

    Last updated on 28/10/2014

    Back to top

    Terms of Use | Privacy Statement
    Copyright © S. Rajaratnam School of International Studies. All rights reserved.
    This site uses cookies to offer you a better browsing experience. By continuing, you are agreeing to the use of cookies on your device as described in our privacy policy. Learn more
    OK
    Latest Book
    CO05075 | Governments Meet to Strengthen Maritime Security Legal Measures

    Commentary

    The Perfect Cover

    The maritime domain, the vast majority of which is international waters, has traditionally been one ...
    more info