Counter-piracy Operations by Private Maritime Security Contractors: Key Legal Issues and Challenges

Priddy, Alice; Casey-Maslen, Stuart

doi:10.1093/jicj/mqs057

Cited by 5 publications

(3 citation statements)

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“…Very little is publicly known about confrontations involving the 'private maritime security contactors' who now travel on board many merchant vessels crossing the Gulf of Aden. Some commentators worry that the "fine line between legal self-defense and homicide" (Priddy and Casey-Maslen, 2012) may have already turned their right to use lethal force into an informal arrangement of killing with impunity at sea (Osiro, 2011). (14) Arguably, it is the formal structures of counterpiracy that make possible these seemingly 'fringe' forms of violence.…”

Section: The Production Of Security Space: Circulation and Violenmentioning

confidence: 99%

Piracy and the production of security space

Glück

2015

Environ Plan D

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Since the emergence of Somali piracy as a threat to the circulation of cargo and capital through the Gulf of Aden, we have seen a massive effort on the part of global institutions, states, militaries, and private sector actors to protect this major artery of global commerce. This paper offers an analysis of the new institutional patchwork of ‘counterpiracy’ through the lens of the production of security space. What comes into focus then are the historical and contemporary processes of securing the conditions of capital circulation through war, law, primitive accumulation, and the enclosure of maritime spaces. By bringing together Foucault’s analysis of security and Marx’s analysis of capital circulation under the rubric of the production of space, I put forth a theory of production of security space as forming part of an infrastructure of circulation. Ultimately, I argue that legal, carceral, bureaucratic, and military practices are constitutive of this process of spatial production. Under the rubric of counterpiracy, law and discipline (as Foucault once wrote) have become ‘armatures’ in the apparatus of security. They have also become cornerstones of the new infrastructure of global capital circulation.

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Section: The Production Of Security Space: Circulation and Violenmentioning

confidence: 99%

Piracy and the production of security space

Glück

2015

Environ Plan D

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“…138 Nevertheless, the current practice of the United Kingdom government (dating back to 1980) is not to recognise governments formally, leaving it to the courts to determine whether a particular body of persons is to be treated as the government of a State having regard to all the circumstances, including relations between the UK government and representatives of that body. 140 In other cases, the existence of a dispute between States as to sovereignty over particular territory may, however, render such matters unsuitable for judicial determination. 140 In other cases, the existence of a dispute between States as to sovereignty over particular territory may, however, render such matters unsuitable for judicial determination.…”

Section: E) Application Of the Law Of The State Approach -In Generalmentioning

confidence: 99%

“…140 Guards must look to flag state law and the law of the territories in which they operate to determine precisely what conduct by alleged pirates will suffice to trigger the right to respond with lethal force and what steps guards must take, if any, before responding with such force. Generally speaking, because PMSC personnel are private citizens, they may only use lethal force to stop a pirate attack in selfdefense or defense of others.…”

Section: The Risks and Difficulties Associated With Allowing Ship Ownmentioning

confidence: 99%