CONTACT BIMCO
Jakob Paaske Larsen
Head of Maritime Safety & Security
Copenhagen, Denmark
- +45 4436 6844
- hsse@bimco.org
In recent months, Somali pirates have repeatedly attacked and hijacked a number of merchant vessels in international waters. These incidents serve as a grim reminder of the critical importance of BMP5 (Best Management Practices to Deter Piracy and Enhance Maritime Security in the Red Sea, Gulf of Aden, Indian Ocean, and Arabian Sea) in the shipping industry.
On 14 December 2023, the Malta-flagged handymax bulk carrier MV Ruen fell victim to a Somali pirate attack and subsequent hijacking. Similarly, the Bangladesh-flagged handymax bulk carrier MV Abdullah was hijacked on 12 March.
These two incidents have occurred during a time when maritime security has once again become a priority. In the southern Red Sea and the Gulf of Aden, the Houthis have been launching attacks on shipping vessels, alleging a link between international shipping and the ongoing conflict between Israel and Hamas.
Despite the focus on Houthi missile attacks, the activities of Somali pirates have not gone unnoticed. While mainstream commercial ships like the MV Ruen and the MV Abdullah have been attacked, the recent increase in attacks by Somali pirates has predominantly impacted fishing dhows and appears to stem from a fishing dispute with domestic political implications. Further complicating the situation are indications that Somali pirates might be collaborating with the Houthis or criminal networks in Yemen. This suspicion was further supported when, after an attempted hijacking of the tanker MT Central Park on 26 November 2023, the pirates escaped towards Yemen, not Somalia.
The rising security concerns in the southern Red Sea, the Gulf of Aden, and the northwest Indian Ocean underscore the pressing need for ships in these regions to implement self-defence measures as outlined in BMP5.
While not all BMP5 guidelines apply to every vessel, the majority are relevant to most. BMP5 advises owners to conduct a comprehensive, ship-specific and voyage-specific security risk assessment, report movements and observations to military authorities, and make it more difficult for pirates to detect and board the ship.
BMP5 does not universally recommend or endorse the use of armed guards on merchant ships. This decision is left to the discretion of individual ship operators, provided it is authorised by the ship's flag state and any littoral states. However, during piracy incidents in the past the employment of experienced and competent armed guards have been instrumental in defending the ship against the pirates. The use of armed guards requires careful consideration of the pros and cons, including the increased risk of accidental shootings and legal risks.
Should the decision be taken to use armed guards, BIMCO strongly advises the use of the standard contract GUARDCON as the contractual basis. It aims to raise the bar in terms of the standards to which security companies must reach in terms of insurance cover for their risks, and permits and licences to allow them to lawfully transport and carry weapons.