<p>The organization should agree with the client and the Master in advance defined and documented procedures for the Use of Force in accordance with international and flag state law, which should be annexed to the contract.</p><p>The organization should have a detailed and documented response plan which provides for: </p><p><strong>a)</strong> reasonable steps to avoid and deter the use of lethal force; </p><p><strong>b)</strong> a graduated deterrent approach to protect personnel and assets in accordance with the contract. These should be reasonable and proportionate including non lethal options and warning shots; </p><p><strong>c)</strong> use of force proportionate to the threat and appropriate to the situation consistent with applicable law. The plan reflects that it is the team leader who should advise the master that it is necessary to invoke the Rules for the Use of Force, for example as in Clause 8, Annex A; </p><p><strong>d)</strong> a Use of Force continuum to resolve threats with minimum necessary force, recognizing that the response may move from one part of the continuum to another in a matter of seconds; </p><p><strong>e)</strong> the Rules on the Use of Force reflecting that any use of lethal force can only happen in self defence and should be necessary and proportionate to the perceived threat; </p><p><strong>f)</strong> the role and authority of the Master of the ship and that his decisions will be binding, without derogating from the inherent right of self-defence. The plan should reflect that if the Master judges that there is a risk to the safety of the ship, crew and or environment, he has the authority to order the security personnel to cease firing; </p><p><strong>g)</strong> a written report of details of any attack or use of force to appropriate international liaison and to the authorities of the flag state, as well as to client and insurers; </p><p><strong>h)</strong> where possible and practicable, a visual (and audio) record of any attack. Where the Master is not available then the above role refers to the senior officer in command on the ship.</p>
The organization should agree with the client and the Master in advance defined and documented procedures for the Use of Force in accordance with international and flag state law, which should be annexed to the contract.
The organization should have a detailed and documented response plan which provides for:
a) reasonable steps to avoid and deter the use of lethal force;
b) a graduated deterrent approach to protect personnel and assets in accordance with the contract. These should be reasonable and proportionate including non lethal options and warning shots;
c) use of force proportionate to the threat and appropriate to the situation consistent with applicable law. The plan reflects that it is the team leader who should advise the master that it is necessary to invoke the Rules for the Use of Force, for example as in Clause 8, Annex A;
d) a Use of Force continuum to resolve threats with minimum necessary force, recognizing that the response may move from one part of the continuum to another in a matter of seconds;
e) the Rules on the Use of Force reflecting that any use of lethal force can only happen in self defence and should be necessary and proportionate to the perceived threat;
f) the role and authority of the Master of the ship and that his decisions will be binding, without derogating from the inherent right of self-defence. The plan should reflect that if the Master judges that there is a risk to the safety of the ship, crew and or environment, he has the authority to order the security personnel to cease firing;
g) a written report of details of any attack or use of force to appropriate international liaison and to the authorities of the flag state, as well as to client and insurers;
h) where possible and practicable, a visual (and audio) record of any attack. Where the Master is not available then the above role refers to the senior officer in command on the ship.
