MARITIME LAW-PIRACY

Old pirates, yes, they rob I

Sold I to the merchant ships
Minutes after they took I
From the bottomless pit

Bob Marley, Redemption Song

I. INTRODUCTION
Piracy is a worldwide issue.
The following definition of piracy is contained in article 101 of the 1982
United Nations Convention on the Law of the Sea (UNCLOS):
Piracy consists of any of the following acts:
(a any illegal acts of violence or detention, or any act of depredation,
)

committed
for private ends by the crew or the passengers of a private ship or

private
aircraft, and directed:
(i) on the high seas,

against another ship or

aircraft,

or against

persons or
property on board such ship or aircraft;
(ii) against a ship,
aircraft,
persons or

property

in

place

outside the
jurisdiction of any State;
(b any act of voluntary participation in the operation of a ship or of an
)

aircraft
with knowledge of facts making it a pirate ship or aircraft;
1

(c any
)

act

inciting or of

intentionally

facilitating an act

described

in

subparagraph (a) or (b).

Acts of piracy threaten maritime security by endangering, in particular,

the welfare of seafarers and the security of navigation and commerce. These
criminal acts may result in the loss of life, physical harm or hostage-taking of
seafarers, significant disruptions to commerce and navigation, financial
losses to ship owners, increased insurance premiums and security costs,
increased costs to consumers and producers, and damage to the marine
environment. Pirate attacks can have widespread ramifications, including
preventing humanitarian assistance and increasing the costs of future
shipments to the affected areas.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS)
provides the framework for the repression of piracy under international law,
in particular in its Articles 100 to 107 and 110. The Security Council has
repeatedly reaffirmed that international law, as reflected in the United
Nations Convention on the Law of the Sea of 10 December 1982 (The
Convention), sets out the legal framework applicable to combating piracy
and armed robbery at sea, as well as other ocean activities (Security
Council resolution 1897 (2009), adopted on 30 November 2009). Article 100
of UNCLOS provides that [a]ll States shall cooperate to the fullest possible
extent in the repression of piracy on the high seas or in any other place
outside the jurisdiction of any State. The General Assembly has also
repeatedly encouraged States to cooperate to address piracy and armed
robbery at sea in its resolutions on oceans and the law of the sea. For
example, in its resolution 64/71 of 4 December 2009, the General Assembly
recognized the crucial role of international cooperation at the global,
regional, sub regional and bilateral levels in combating, in accordance with
international law, threats to maritime security, including piracy.
2

The Division for Ocean Affairs and the Law of the Sea, as the
secretariat of UNCLOS, has a mandate to provide information and advice on
the uniform and consistent application of the provisions of UNCLOS, including
those relevant to the repression of piracy. It also has a mandate to provide
information on relevant developments in oceans and the law of the sea to
the General Assembly, as well as to the Meeting of States Parties to UNCLOS,
in the annual reports of the Secretary-General on oceans and the law of the
sea. These reports provide updated information on developments in respect
of piracy and other crimes at sea.

II. LEGAL CHALLENGES

Despite significant, unprecedented moves by the international community
to address the growing threat posed by maritime piracy, considerable legal
challenges remain. It is clear that the current legal regime is not
comprehensive with respect to the enforcement of either international law or
domestic criminal law against those responsible for pirate attacks.
South East Asia accounts for 55% of the worlds 54 piracy and armed
robbery incidents since the start of 2015.
After a steady drop in global piracy over the last few years, attacks
rose by 10% in the first quarter of 2015 on the same period of 2014.
Worldwide, pirates took 140 hostages in the first three months of 2015,
three times as many as during the same period in 2014. A total of 13
seafarers were assaulted and three injured.
1

iccwbo.org

The jurisdiction of a State over acts of piracy is based upon nationality

or territoriality. That is, there must be a genuine link between the State and
the ship, or between the State and the waters on which the offenses take
place. Unless Somali courts are willing and able to conduct prosecutions, the
responsibility for enforcement will predominantly fall upon those members of
the international community whose ships are currently patrolling off the
coast of Somalia. The ability of a State with a ship in Somali waters to apply
and enforce its own laws with respect to piracy and sea robbery will depend
on whether the pirate ship or the pirates have the nationality of that State, or
the degree to which the national law of the enforcing state makes piracy a
universal crime which can be subject to arrest and prosecution anywhere
throughout the world.

Resolution

1851

reiterated

that

the

1988

Convention

for

the

Suppression of Unlawful Acts against the Safety of Navigation (the SUA

Convention) provides for parties to create criminal offences, establish
jurisdiction, and accept into their custody those persons responsible for
piracy. The SUA Convention was a response to the highjacking of the Italian
cruise ship, Achille Lauro, in the Mediterranean which resulted in the death of
one passenger.

Whilst the SUA Convention makes it an offence if a person seizes or

exercises control over a ship by threat or use of force thereof or any other
form of intimidation, enforcement relies upon the traditional jurisdictional
bases of nationality and territoriality.
A 2005 Protocol has substantially expanded the scope of the SUA Convention
to include acts of maritime terrorism, including what may be termed political
piracy. However, the focus of the adjustments has not been acts of
common piracy or robbery at sea and there remain important jurisdictional
loopholes with respect to the pursuit of any criminal charges where non4

nationals or non-state vessels are involved.

In this regard, some of the international legal challenges that have

confronted the global efforts to bring terrorists to justice are not dissimilar.
Both areas have raised issues concerning proscriptive and enforcement
jurisdiction, and the political will on the part of States to take such action.
That the SUA Convention arose out of a maritime terrorist act, and the 2005
SUA Protocol was a direct consequence of efforts to strengthen the law in
this area as a result of the 2001 terrorists attacks upon Washington and New
York, highlights the initiatives which have been undertaken in this area, but
importantly they relate to only certain types of violent incidents at sea.
Piracy, conducted without political motive, will not in most instances meet
the SUA Convention definitions.

Whilst the intervention of the Security Council through its various

Resolutions has gone some way to resolve these jurisdictional loopholes,
there remain gaps which are compounded by a lack of political will on the
part of some members of the international community to engage in law
enforcement. One particular gap is that the Security Councils responses only
deal with the situation in Somalia and do not extend to pirate attacks that
may take place off adjacent coasts such as Kenya, or in other parts of the
world.2
Thus the need to further protect ships from pirate attacks, or better
yet, to deter piracy altogether so that such problem will be eradicated.
This writing shall proceed to present the craziest ideas on combating
piracy whether on territorial seas or high seas.

2http://www./crimesofwar.org
5

III.

Proposed

bill: ANTI PIRACY PRECAUTIONARY

MEASURES FOR SHIPS

The bill shall be entitled Anti- Piracy Precautionary Measures

for Ships
A. Why is there a need for the Law?
The shipping industry through sea, also termed as the invisible
industry by many, is decisive to the existence of the global economy, yet
very few people have any idea what happens at the high seas. It is an
industry which is secretive and fascinating at the same time. But as vital as
the industry is to the world and its people, equally important is the work of
the brave seafarers who perform one of the toughest jobs in the world by
running those massive ships through the roughest seas and riskiest areas. If
it hadnt been for them, the global trade would come to a standstill, people
would be devoid of their basic necessities and some nations would find it
extremely difficult to even survive.
Life at sea is a unique existence. Indeed, one of the toughest lifestyle a
person could have. Being a seafarer is a selfless profession for they endure
limitless suffering, sorrow, and pain and his long experience in various ships
and ports to make sure the world and its people continue to enjoy their life
on shore. Almost inevitably, the work and conditions of those on board
remain largely unseen. Seafarers are on-call as needed, and travel all over
the globe to work in often unregulated conditions, with people they dont
know and who may not speak their language. At sea for weeks at a time,
theirs is a bleak world where no national laws rule and rogue waves can

http://www.marineinsight.com/marine/marine-news/headline/18-anti-piracy-weapons-for-ships-to-

fight-pirates/

wash away life and limb. Taking cargo from one port to other often involves
facing storms and monstrous waves.
A sea isnt as friendly as it seems when watched from shore. In spite of
all the latest technological advancement, a seafarer at sea is at the mercy of
nature. But what may come, the cargo has to be shipped to the scheduled
location and on the right time. The man who goes to sea, wrote Marco Polo,
is a man in despair. This is true, but todays man of the sea is also probably
poor, probably exploited, and living a life that contains, at the least, chronic
fatigue and overwork; boredom, pirates and danger. Seafarers risk their lives
through piracy. Pirates prey on all types of ships, from luxury yachts to
fishing trawlers to oil and chemical tankers, particularly any vessel with few
crew members. It is perfectly understandable why commercial shipping
vessels are prohibited from carrying arms in international waters. This is
strictly followed to prevent suicide on board and a crew might use it against
another, thus making them defenseless. Obviously, they cannot fight with
their bare hands. All they can do is to hide and try to escape from pirates.
And if they are attacked, they have no choice but to surrender which is their
only chance of not being killed.
Moreover, pirate ships usually carried far more crew than ordinary
ships of similar size. This meant they could easily outnumber their victims.
All these things together meant that victims often surrendered very quickly.
A large ship now typically sails with at least three guards or they call it as
armed guards. The industry has been dominated by British firms and
guards who have had careers in the military, particularly highly experienced
former Royal Marines who have been keen to cash in on their skills. Despite
this, several ships are still being high jacked and many seafarers were taken
as hostages by pirates. They are tortured, abused, and kept in miserable
conditions as prisoners. Events of piracy have not stopped.

Thus, there is a need to pass a law that would ensure the safety of the
seafarers against the pirates.

B. Purpose of the Law

Mindful of the vital importance of safe maritime navigation to the
economic society and lives of the people and the purpose of the United
Nations Convention on the Law of the Sea, the draft Anti-Piracy Precautionary
Measures Law criminalizes acts of piracy and provides necessary legal
grounds for appropriate and effective response to acts of piracy, and the Law
thereby aims to maintain public safety and order at sea.
C. Acts of Piracy- Punishable Acts
The Law defines the following acts committed on the high seas or
territorial sea as well as internal waters by the crew or the passengers of a
ship (except for warships and other government ships) as acts of piracy:
(a)

seizing another ship in navigation or taking control of the

operation of another ship by rendering persons irresistible by
assault, intimidation or any other means;

(b)

robbing property on board another ship in navigation or

obtaining or causing others to obtain an unlawful profit by
rendering persons irresistible by assault, intimidation or any
other means;

(c)

kidnapping a person on board another ship in navigation for

the purpose of taking the person hostage to demand a third
person to deliver any property or to take any other
unobligated action or to waive that persons right;

(d)

demanding a third person to deliver any property or to take

any other unobligated action or to waive that persons right by
taking a person, on board a robbed ship or a ship whose
control is taken or kidnapped on board another ship in
navigation, hostage;

(e)

breaking into or damaging another ship in navigation for the

purpose of committing the acts of piracy as referred to in
subparagphs (a), (b), (c) and (d) above;

(f)

operating a ship and approaching in close proximity of,

beleaguering or obstructing the passage of another ship for
the purpose of committing the acts of piracy as referred to in
subparagphs (a), (b), (c) and (d) above;

(g)

preparing weapons and operating a ship for the purpose of

committing the acts of piracy as referred to in subparagphs
(a), (b), (c) and (d) above.4

D. Compliance before the law

Owners must ensure that these measures meet and comply with the
regulations and licensing requirements of the following locations:
(a) the flag state;
(b) the port of embarkation;
(c) all areas of transit;
(d) any ports at which the vessel will moor;
(e) the port of disembarkation.

E. When will the law apply?

The Law provides that the Coast Guard takes necessary measures
4

http://www.un.org/depts/los/LEGISLATIONANDTREATIES/PDFFILES/JPN_anti_piracy.pdf

against acts of piracy.

A Coast Guard Official may use any of the listed

precautionary measures concerning to take actions to deter attacks of

pirates and to ensure safety of the whole vessel. Thus, the Law permits the
use of the listed precautionary measures in order to deter the acts of piracy,
provided that the perpetrator or the ship disobeys other measures to deter
and continues the act of piracy and that there is probable cause to believe in
the lack of any other appropriate measures to stop the navigation of that
ship, to the extent reasonably necessary and according to the situation.
However, the Law provides for the Minister of Defense, with the
approval of the President, to order anti-piracy response operations in case
there is extraordinary necessity to take measures against acts of piracy. In
obtaining the approval of the President, the Minister of Defense draws up and
submits to the President the guidelines for response operations. In case of
emergency, the Minister of Defense may only notify the outline of response
operations to the President.

F. Anti-Piracy Precautionary Measures

1. Long range acoustic device (LRAD)
2. Anti-piracy laser device
3. The use of surveillance drones
4. Cargo or merchant submarines
5. Self-sealing bulletproof and fireproof ship
6. The heat ray or active denial system
7. The rubber coat
8. Electric secure fence
9. Slippery foam mobile denial system
10.

Anti piracy curtain

11. Foul smelling liquid liquid deterrent system (or using stun gun)
10

IV.

Contents

of

the

bill:

ANTI

PRECAUTIONARY MEASURES FOR SHIPS

PIRACY

1. Long Range Acoustic Device (LRAD)

Long range acoustic device is a non-lethal anti-piracy device which

uses pain inducing sound beam to drive away the pirates. The sonic weapon
produces high-pitched noise that is higher than the tolerance level of an
average human being.
The Long Range Acoustic Device (LRAD) is a high-intensity directional
acoustic hailer designed for long-range communication and issuing powerful
warning tones. Layered defense force protection systems must be easily
accessible and rapidly deployable for any operational scenario and allow for
near instantaneous escalation across the force protection spectrum.

http://www.marineinsight.com/marine/marine-news/headline/18-anti-piracy-weapons-for-ships-to-

fight-pirates/

11

LRAD systems are easy to use through a simple, familiar, and

standardized interface. Manual or autonomous systems are designed for
around the clock operation in the harshest conditions.

What makes the LRAD product unique is its ability to transmit your
message with exceptional voice intelligibility and tonal clarity in a highly
directional beam, even with significant ambient noise. The directionality of
the LRAD device reduces the risk of exposing nearby personnel or peripheral
bystanders to harmful audio levels.6

April 9, 2009 When Somali pirates armed with RPGs attacked the
luxury cruise ship Seaborn Spirit in November 2005 it wasn't armed troops or
the threat of artillery that deterred the attack, it was sound waves. The ship
was fitted with a clever bit of tech called the Long Range Acoustic Device
(LRAD), a system which can emit painfully loud sound frequencies that are
concentrated in a narrow beam and easily direct them at a target, not unlike
using a spotlight.

The American Technology Corporation, led by its founder Woody Norris,

developed the LRAD following the bombing of the USS Cole in October 2000.
Designed to enforce safe zones around US military vessels, the device can be
set at a frequency up to 120dB to first warn any craft approaching a military
vessel to change course. If the craft doesnt comply, then the frequency can
be cranked up to 151dB, producing a loud, irritating and potentially painful
noise. The idea is to act as a deterrent and avoid employing lethal force.7

2. Anti-Piracy Laser Device

6 http://www.lradx.com/site/content/view/15/110/
7 http://www.gizmag.com/lrad-long-range-acoustic-device/11433/

12

The anti-piracy laser device uses non-lethal laser beam to provide a

visual warning to pirates and distract them temporarily. The laser device can
be used during both day and night, and can be easily operated by the ships
crew.
In order to help combat the growing piracy threat BAE Systems
conducted a study of pirates behavior and a company-wide capability
survey. This led to the development of the concept of using a non-lethal
laser, which would leave only temporary effects, to distract and deter
potential attackers from a distance.
Leveraging
Department

the

within

capability
its

of

Advanced

its

Optics

Technology

and

Laser

Centre,

BAE

Technology
Systems

researchers conducted a number of experiments to assess the feasibility of

laser distraction as a non-lethal weapon. The research team has now
successfully demonstrated a suitable laser at the Pershore Trials Range in
Worcester

over

variety

of

distances

in

variety

of

conditions.

The laser beam is capable of providing a visual warning to pirates at

distances greater than 2km, and of disorientating attackers sufficiently at
lesser distances so that weapons cannot be targeted effectively. At all times
the power levels of the laser remain eye safe.

8 http://www.baesystems.com/article/BAES_020063/bae-systems-develops-non-lethal-laser-to-defendagainst-pirate-

13

3. The Use of Surveillance Drones

An unmanned aerial vehicle (UAV), commonly known as a drone and
also referred to as an unpiloted aerial vehicle and a remotely piloted
aircraft (RPA), is an aircraft without a human pilot aboard. Beyond the
military applications of UAVs with which "drones" became most associated,
numerous civil aviation uses have been developed, including aerial surveying
of

crops, acrobatic

aerial

footage

in

filmmaking, search

and

rescue

operations, inspecting power lines and pipelines, counting wildlife, delivering

medical supplies to remote or otherwise inaccessible regions, with some
manufacturers rebranding the technology as "unmanned aerial systems"
(UASs)

in

preference

over

the

military-connotative

term

"drones."

Microdrones can be a useful instrument here, allowing the situation to be

viewed from on high.

UAVs have been used by military forces, civilian government agencies,

businesses, and private individuals. In the United States, for example,
government agencies use UAVs such as the RQ-9 Reaper to patrol the
nation's borders, scout property, and locate fugitives. One of the first
authorized for domestic usage was the Shadow Hawk UAV in service in
Montgomery County, Texas, and is being used by their SWAT and emergency
management offices.
Drones are capable highly advanced surveillance, and drones already
in

use

by

law

enforcement

can carry

various

types

of

equipment

including live-feed video cameras, infrared cameras, heat sensors, and radar.
attackscommercialshipping;baeSessionId=PmD2a7srAsUz2Z6YQiHLRN_qHHadP1KndjKA4hX4r7CDE
slv0C!1226310415?_afrLoop=168032208267000&_afrWindowMode=0&_afrWindowId=null#!
%40%40%3F_afrWindowId%3Dnull%26_afrLoop%3D168032208267000%26_afrWindowMode
%3D0%26_adf.ctrl-state%3D1p77h1zea_4

14

Some military versions can stay in air the hours for hours or days at a time,
and their high-tech cameras can scan entire cities, or alternatively, zoom in
and read a milk carton from 60,000 feet. They can also carry wifi crackers
and fake cell phone towers that can determine your location or intercept
your texts and phone calls. Drone manufacturers even admit they are made
to carry less lethal weapons such as tasers or rubber bullets. Thus, if only
ship-owners can have a hand on these drones and equip themselves for
reconnaissance operations to counter pirates in advancing or making a move
to hijack the targeted ships, the captain together with its crew will strategize
certain decisions on how repel such aggression by the pirates.
Imagine if ship-owners can use drones that can zoom in and read a
milk carton from 60,000 above, captains, thus, can distinguish the payloads
inside an approaching vessel whether the said payloads are for commercial
goods or armaments that can be used to hijack the ship by the pirates.
Surveillance drones also raise significant issues for privacy and civil liberties,
a cruise ship, for example, may use such drone to spy a rival company to
gather information to be use for its competitive advantage against any cruise
ship or through an aerial view of the ship, one can copy the architectural
design and use it for its advantage. But such use will be prohibited for it will
be used to counter piracy, normally, when the radar detected an
approaching vessel, the captain would radio the personnel of a suspicious
approaching vessel, but if such response is of no avail and the said vessel
moves quick towards a commercial or civilian ship, then its an indication
that hostile groups are up to something, thus, in this case the use of
surveillance drone is an advantage for ship-owners for they will immediately
identify any unidentified vessels or vessels that wont identify itself through a
radio communications.9
9 "Unmanned Aircraft Systems (UAS)" (PDF). Icao.int. Retrieved 8 January 2015.
^ Jump up to:a b c d Fung, Brian (16 August 2013). "Why drone makers have declared war on
the word drone". The Washington Post. Archived from the original on 17 August 2013.
^ Jump up to:a b c Peterson, Andrea (19 August 2013). "States are competing to be the Silicon

15

4. Cargo or Merchant Submarines

Most of the victims who fell prey from these pirates are mostly cargo
ships which belong to big companies. No wonder pirates target these types
of ships because they pass at seas wherein over trillions of dollars crosses
these trade routes, the West Philippine Sea, for example, over $5 Trillion
dollars of goods move across the hotly disputed waters of the South China
Sea on an annual basis. And the minimum ransom to free the crew from
captivity is a whopping 5 million dollars. Paying off these pirates should be
the last option because the more they receive blood money from ransoms
the more they have to resources to conduct operations in capturing ships.
But the question is, do these pirates have the technology and capacity to
build their own submarines? The answer is no. And companies who were
given the right to manufacture submarines just dont make a sale to criminal
groups. Hence, the use of cargo submarines would drastically reduce piracy
because for such reason that pirates dont have the means to acquire one or
the capability to hijack a submarine not unless youre from the U.S navy
S.E.A.L or British S.A.S.
Valley of drones". The Washington Post. Archived from the original on 22 August 2013.
^ Jump up to:a b Raptopoulos, Andreas (June 2013). "No roads? Theres a drone for that". TED
(conference). Archived from the original on 21 November 2013. (Click "Show transcript".)
^ Jump up to:a b c d e Abdessameud, Abdelkader, and Abdelhamid Tayebi. 2013. Motion
Coordination for VTOL Unmanned Aerial Vehicles: Attitude Synchronisation and Formation
Control. Description of printed book by Springer Science+Business Media.
^Jump up^ Wall, Tyler, Monahan, Torin (2011). "Surveillance and Violence from Afar: The
Politics of Drones and Liminal Security-Scapes" (PDF). Theoretical Criminology 15(3): 239
254. doi:10.1177/1362480610396650.
^Jump up^ Sandvik, Kristin Bergtora, Lohne, Kjersti (2014). "The Rise of the Humanitarian
Drone: Giving Content to an Emerging Concept". Millennium.doi:10.1177/0305829814529470.
^Jump up^ Lallanilla, Marc (23 March 2013). "9 Totally Cool Uses for Drones". LiveScience.
TechMedia Network. Viewed 4 March 2014.
^ Jump up to:a b c d e McFarland, Matt (17 September 2014). "In Switzerland, police find a use
for drones". The Washington Post. Archived from the original on 20 September 2014.
^Jump up^ Pasztor, Andy; Emshwiller, John (21 April 2012). "Drone Use Takes Off on the Home
Front". The Wall Street Journal.
^Jump up^ Campoy, Ana (13 December 2011). "The Law's New Eye in the Sky". The Wall
Street Journal.
^https://www.eff.org/issues/surveillance-drones

16

But why are there no cargo submarines? Well, only two submarines
have so far been purpose-built for non-military merchant shipping use,
outside of criminal enterprises, though standard or partly converted military
submarines have been used to transport smaller amounts of important
cargo, especially during wartime, and large-scale proposals for modern
merchant submarines have been produced by manufacturers. Only two
merchant

submarines

have

historically

been

built,

both

in Germany during World War I. They were constructed to slip through the
naval blockade of the Entente Powers, mainly enforced by the efforts of
Great Britain's Royal Navy. The British blockade had led to great difficulties
for German companies in acquiring those raw materials which were not
found in quantity within the German sphere of influence, and thus was
hindering the German war efforts substantially. Another would be is the
Deutschland had a carrying capacity of 700 tons (much of it outside the
pressure hull), and could travel at 15 knots (17.3 mph; 27.8 km/h) on the
surface and 7 knots (8.1 mph; 13.0 km/h) while submerged. It had a crew of
29

men

and

was

commanded

by Paul

Knig,

former

surface

merchantman captain.

On

its

first

journey

to

the

US,

departing

on

the

23

June

1916, Deutschland carried 163 tons of highly sought-after chemical dyes, as

well as medical drugs and mail. Passing undetected through the English
Channel she arrived in Baltimore on the 8 July 1916 and soon re-embarked
with 348 tons of rubber, 341 tons of nickel and 93 tons of tin, arriving back
in Bremerhaven on 25 August 1916. She had travelled 8,450 nautical miles
(9,724 mi; 15,649 km), though only 190 nmi (219 mi; 352 km) of these
submerged.

The profit from the journey was 17.5 million Reich mark, more than
17

four times the building cost, mainly because of the high prices of the
patented, highly concentrated dyes, which would have cost 26.8 thousand
U.S. dollars per pound once adjusted for inflation.

Obviously, history tells us that no company or country in the world has

attempted to build another cargo submarine since the end of World War II.
But in these modern times where humanity is technologically more advance
decades ago, we can, maybe somehow, build another cargo submarine more
advance than its two predecessors. Take the case of drug cartels, wherein
narcosubs are being used to navigate and sail undetected by the navy to
smuggle these drugs. If merchants then can take advantage of these
technologically advance machine, then the captain and the crew can fulfill
their duties in transporting these large containers unnoticed by the pirates.

And besides, submarines can travel through a storm depending on how

big the waves are at the surface and how deep is the submarine. During
normal weather conditions, a submerged submarine will not rock with the
motion of the waves on the surface. In fact, during even moderate storms
the submarine stays perfectly level at its submerged depth while the waves
crash above. In extremely violent storms like hurricanes and cyclones, wave
motion can reach 400 feet or more below the surface. Though not as violent
as on the surface, these large waves can cause a submarine to take 5 to 10
degree rolls.
Not unlike cargo ships where they are susceptible to storms. Numerous
cases had been reported of cargo accidents, for example from the report of
CNN, the Svendborg Maersk, and the biggest recorded loss of containers
overboard in a single incident. Their Danish-flagged ship was in the Bay of
Biscay last week as hurricane-force winds battered the Atlantic coast of
Europe. Amid waves of 30 feet and winds of 60 knots, the Svendborg began
18

losing containers off northern France. After the ship arrived in the Spanish
port of Malaga this week, Maersk discovered that about 520 containers were
unaccounted for. Stacks of others had collapsed. Hence, if companies can
build a submarine cheaper than building cargo ships, ship-owners can have a
breathing space and worry less from these pirates, and maybe reduce the
traffic at the high seas.

10

5. SELF-SEALING BULLETPROOF AND FIREPROOF SHIP

A projected image of a self-sealing bulletproof and fireproof ship

Sealing the Ship
The ship will be equipped with manual and automatic functions to seal
it off as a preventive and/or defensive measure when the pirates are at bay.
All the outer parts of the ship are built to be bulletproof and fireproof steel.
This is so because in case of danger of being overcome by pirates, the ship
will be sealed manually and automatically. All doors, windows, entrance and
exit points, and all other possible opening shall be sealed off in order to
prevent the pirates from entering the ships inner part. Although they are

10^ German

Submarine Deutschland's Atlantic Crossing (information & speech transcript via the
'FirstWorldWar.com' private website)
^ Jump up to:a b c d e See German version of this article at Handels-U-Boot (German). Some
references not yet available in English.
^ Jump up to:a b c The Submarine "Deutschland" (from the 'ColorantsHistory.org' website.
Accessed 2008-08-20.)

19

able to board, they cannot enter the ship and access the inside. The ship, the
crew and the cargo shall remain safe from the pirates.
Materials for bulletproofing
There are already available from manufacturers metal alloy or steel
plates which are bulletproof ideal for shipbuilding. Of course, significantly,
the hull and all the rest of the ship shall be made with said material. It is also
called armor proof materials. They can withstand bullet fires from guns which
may be used by the pirates. This defensive move can at least keep the ship
and the crew safe from the dangers of the attack undertaken by the pirates.
Materials for fireproofing
Under the bulletproof material can be laid fireproofing rudiments or
bloating layer which further reinforces the ship. Already available in the
market is a structural steel which can withstand fire and keep it down to a
temperate of 540 degrees Kelvin in case fire ensues. It raises fire resistivity
limit of the steel elements to 1 hour up to 1.5 hours depending on the
thickness of the steel plate. These elements can be used on the ship
bulkheads, horizontal span of plating and beam sets, carlings etc. in ship
hulls.
This is measure is to further reinforce the ship and in further
compliance from the law requirement for ships to equipped with firefighting
materials as provided for by The Merchant Shipping (Fire Protection)
Regulation 1998 on Firefighting Equipments. This is just not to equip the ship
with firefighting materials but to fireproof the ship as a whole.

11

11^

http://www.forbes.com/sites/gcaptain/2013/03/11/protecting-ships-from-somali-pirates-the-navyvs-private-security/2/
http://www.alibaba.com/showroom/bulletproof-steel-plate.html

^https://books.google.com.ph/booksid=HDWziCfkZNYC&pg=PA561&lpg=PA561&dq=fireproof
+steel+for+shipbuilding&source=bl&ots=QEwf8CSYjq&sig=jSMoTdaur6gl8Fd-V3_wnLPQdU&hl=fil&sa=X&ei=NEw8VZuoD87_ugTpgoCoBg&ved=0CDgQ6AEwBA#v=onepage&

20

6. THE HEAT RAY or ACTIVE DENIAL SYSTEM

Active Denial System Pain Ray (Electromagnetic wave)
Officially known as the Active Denial System (ADS), the Pain Ray is a
non-lethal weapon which transmits a narrow beam of electromagnetic energy
to heat the skin without causing permanent damage. The wave penetrates
beneath the skin which causes unbearable burning sensation, forcing pirates
to run away or jump overboard.

The military is packing a lot more heat. As in, an ultra-sci-fi sizzler

dubbed the Active Denial System, known in comic book parlance as a heat
ray.

The Active

Denial

System (ADS)

is

a non-lethal, directed-energy

weapon developed by the U.S. military, designed for area denial, perimeter
security and crowd control. Informally, the weapon is also called the heat
ray since it works by heating the surface of targets, such as the skin of
targeted human subjects. Raytheon is currently marketing a reduced-range
version of this technology. The ADS was deployed in 2010 with the United
States military in the Afghanistan War, but was withdrawn without seeing
combat. On

August

20,

2010,

the Los

Angeles

Sheriff's

Department announced its intent to use this technology on prisoners in

the Pitchess Detention Center in Los Angeles, stating its intent to use it in
"operational

evaluation"

in

situations

such

as

breaking

up

prisoner

fights. The ADS is currently only a vehicle-mounted weapon, though U.S.

Marines and police are both working on portable versions. ADS were
developed under the sponsorship of the DoD Non-Lethal Weapons Program
with the Air Force Research Laboratory as the lead agency.

q=fireproof%20steel%20for%20shipbuilding&f=false
^http://www.fishermaritime.com/publications/pdf/bestpractices.pdf

21

The military claims the device, mounted on a vehicle as far as a

kilometer away, rains non-lethal electromagnetic waves at misbehaving
crowds. The payload is apparently so unbearably intense -- the equivalent of
standing in front of an open furnace -- crowds reverse course in a hurry.
As the Globe and Mail reports, the military is particularly proud of its
latest crowd-busting cannon. "You're not gonna see it, you're not gonna hear
it, you're not gonna smell it: you're gonna feel it," Marine Col. Tracy
Taffola told reporters during the system's public unveiling at a U.S. Marines
base near Washington, D.C. But is it safe? According to the military, the heat
ray, or ADS, is its "safest non-lethal" option -- essentially a strong suggestion
to its target to run away immediately.

The military has a name for that too: 'The goodbye effect'. Officials say
they tested the heat ray on thousands of presumably willing targets,
resulting in only two injuries. According to The Week, the weapon has been in
development for 15 years. And it has seen some real-world action -- a stint in
Afghanistan in 2010 that was quickly scuttled when General Stanley
McChyrstal cited concerns the Taliban might use it as a "propaganda
opportunity". Marine Colonel Tafolla, however, says the heat ray is ready for
action. And there's a lot of that to be had -- "perimeter security, crowd
control, entry control points. You name it." And yes, a handy miniature heat
ray is coming soon. The full-sized version, however, appears to be geared
more towards the military with its 100,000-watt beam heating anything in its
path. As CBS News reports, video gamers should feel comfortable with the
system, thanks to its inclusion of a joystick for zeroing in on a target.

The high-energy torrent has been calibrated at a frequency that's

penetrates up to 1/64th of an inch into the skin, promoting staggering, but
temporary discomfort. As DailyTech reports, the trigger only activates the
system for three seconds -- even if most triggers were made to be pulled
22

repeatedly. "I think its applicable wherever you want an alternative to lethal
force," program manager Brian Long told the UK's Daily Mail.
Ship cargos usually install water cannons to drive off pirates as they
approach, but pirates dont feel any pain or are not afraid from the gush of
the water from these water cannons, and will not stop the pirates
momentum in attacking a ship.
And if ships can have the access to acquire and mount these non-lethal
weapons into their ships, they can easily fend off these pirates because the
heat ray "boasts a reach far beyond any other non-lethal system" -- a reach
of "about 7 footballs fields.", now imagine if ships use this to repel incoming
aggressors without inflicting any lethal damage against pirates and since
such pain is too painful for them to bear. Such use would be beneficial to
both parties as it will not lead to loss of lives.

12

7. The Rubber Coat

The vessel here will be made where the exterior shall be of rubber.
Rubber is a material which has the properties that allows it to bounce back
from impact. It is a material referred to as a shock absorber that prevents the
devastating effects of impact to the ship upon collision. Rubber has been
used throughout history as a material which is resistant to impacts which
protects the inner thing it covers up.

12^http://www.huffingtonpost.ca/2012/03/13/us-military-heat-ray-weapon_n_1343092.html
^ "NATO NAVAL ARMAMENTS GROUP : Workshop on Counter Piracy Equipment and
Technologies" (PDF). Nato.int. Retrieved 1 November 2014.
^Jump up^ "Vehicle-Mounted Active Denial System (V-MADS)". Global Security. Archivedfrom
the original on March 5, 2008. Retrieved March 2, 2008.
^Jump up^ "DVIDS - News - New Marine Corps non-lethal weapon heats things up". DVIDS.
Retrieved November 1, 2014.
^Jump up^ Ray gun, sci-fi staple, meets reality. Boston Globe, September 24, 2004.
^Jump up^ "Raytheon: Silent Guardian product brief". 2006.
^Jump up^ "US army heat-ray gun in Afghanistan". BBC News. July 15, 2010.

23

The illustration below will show where the rubber material shall be
placed. It shall be made into the outermost part. Instead of only metal, the
metal shall be reinforced with rubber.
RUBBER
COAT
Figure 1:
VESSEL
The Type of Rubber to be used:
Nitrile / Buna-N (NBR)(Hycar)
This is a copolymer of acrylonitrile and butadiene. It has excellent
physical properties; however its claim to fame is based on its resistance to
water, petroleum products and fuels. When compounded properly, it has
good low temperature properties as well as good heat resistance. It does not
have good ozone, oxygen or sunlight resistance without the addition of
special additives. Useful temperature range is -40 F to +275 F (-40 C to
+135 C).

13

Neoprene / Chloroprene (CR)14

This elastomer is made by the polymerization of Chloroprene. It has
excellent physical properties. It is moderately resistant to petroleum
products, sunlight, ozone and heat. It is flame resistant and will not support
combustion. Useful temperature range is -40 F to +275 F (-40 C to +135
C).
The two types of rubber shall be combined to make it a water and flame
13 http://www.customadvanced.com/common-properties-of-rubber-elastomers.html

14 http://www.customadvanced.com/common-properties-of-rubber-elastomers.html
24

resistant mixture. This will make the vessel highly resistant from the waves
of the sea as well as from the extreme heat brought by the sun. The main
reason for the rubber is that, when an accident will occur, instead of a
devastating collision, both vessel with rubber coats shall bounce back from
each other, avoiding damage and explosion 15. This will not only save a lot of
lives but also prevents the overwhelming cost of ship repairs by the owners.
Non-elongated Design
The design of the vessel will also be changed. From the usual elongated
model, it will be made from a more stable and buoyant model. This type of
design will be best suitable for violent weather and uncertain sea conditions.

Figure 2:

Most vessels are fashioned as elongated (B), which are built for speed
and time efficiency while traversing the seas. It is long and efficient; it can
navigate the waters more freely avoiding water resistance because of its
elongated shape. It can also withstand the waves. However, due to its
elongated shape, when a violent force comes from the sides it would easily
capsized. It may be invincible, when the force comes from the front or back,
but when the force comes from the sides, the law of gravity shall easily
15 www.wikipedia.com

25

apply, overturning the vessel.

The non-elongated model (A) will be less in length and height, but
more in width. This will allow the vessel, however slow in travelling because
there will be more water resistance, have more grip in the water. Its stability
will be more than that of the elongated model. It will withstand violent
weather, take up more cargo and passengers, and build up more safety than
the model B. the surface tension will also be lesser making it more buoyant.16
The illustration is an example of its resistance to danger.

Figure 3:
VESSEL
MOVEMENT
VIOLENT FORCE
SEA
Hence, instead of capsizing, when a violent force of the sea shall hit
the vessel, it will just move from the other side even if it is hit on the side.
The Floater
The Floater is a device installed in a vessel. It is placed just above the
water which is connected to the vessel. It shall be at least 20 feet away from
the vessel. This device shall, in case of collision, collide with another vessel
or any obstacle without harming the vessel, its cargo or passengers. This
device shall further the protection of sea transports and prevention of the
disastrous effects of collisions.
16 http://en.wikipedia.org/wiki/Archimedes'_principle

26

Figure 4:

FLOATER
VESSEL

The composition of the floater will be the metal platinum. Platinum is a

metal that is harder than steel, malleable, resistant to flame and can
withstand extreme pressure. The role of the floater is to collide in case of an
accident in the sea, which leaves the vessel unharmed along with the cargo
and passengers.17 The vessel may have an additional weight to it but it will
further its protection and security of the passengers.
8. Electric Secure Fence

17 http://en.wikipedia.org/wiki/Archimedes'_principle

27

Electric fence non-lethal system consists of an electric fence which

surrounds the ship and prevents pirates from climbing. The system is a
collapsible fence which can be folded and kept safe when not in use.
We feel that the principles involved in our Electro-Fence system
could be used in an Electro-Net system to repel unauthorized persons from
gaining access to the deck of a ship. The system would be similar to that of
the 5-strand wire outrigger used on the top of perimeter fencing. The ElectroNet would be attached to the foot-well or rail of the deck at an angle of 45
degrees and extend outwards for approx 50cm which would make climbing
aboard from below without touching the Electro-Net impossible they would
have to climb up, out and over without touching the Electro-Net. The ElectroNet would give a short, sharp shock similar to Electro-Fence which has
been proved to deter anyone from having a second attempt. Full monitoring
facilities would be installed producing an alarm if the system were interfered
with by shorting, cutting or reducing the voltage. Detection of intruders is
also the same as our Electro-Fence system. The Electro-Net could be rolled
up and stowed until next required. Easy installation fixing for different ship
decks would need further investigation and development but should not be a
problem.

18

Also, The high-level integration of Gallaghers electric perimeter fence

security system delivers full configuration, control and monitoring capability
for multi-zoned, multi-site perimeter security.
Features and Benefits
Deter criminals with high voltage perimeter security fence
energisers
Fully monitored detection of potential intruders
A scalable networked perimeter security solution
18 http://www.aps-perimeter-security.com/anti-piracy-security/

28

 Configure unlimited, uniquely identified fence zones to facilitate

a fast, appropriate alarm response
Centralized monitoring and control of multiple remote sites
Single management system for central or distributed alarms
management across multiple sites
Integrated imaging systems for visual record of events

This superior level of integration allows for the incorporation of a

combination of any of the following:
Perimeter security (electric fence and/or sensors)
Electronic access control and PhotoID (wireless, data on card,
wired and biometric fingerprint)
Intruder alarms
Imaging systems (DVR, NVR, CCTV)
Building management systems such as air conditioning and
lighting 19

9. Slippery Foam Mobile Denial System

Slippery foam or Anti-traction material is a non-lethal substance which
can be used to make the deck or sides of a ship slippery to avoid pirates
from climbing it. The highly viscous substance substantially reduces traction
of anything that comes in contact with it, making it difficult to walk or stand.
The Mobility Denial System is an oil-slick-in-a-can, a combination of
Drilling Mud Additive, Flocculent and water that renders surfaces as
slippery as wet ice. Lots of tasty acronyms and buzzwords on the sell page,
including Anti-Traction Material (ATM) and Non-Lethal Slippery Foam.
19 https://security.gallagher.com/products-and-systems/perimeter-security/electric-fencing/

29

Once applied, the material will degrade or impair the adversarys

ability to move. For Interior applications it can be applied to flat, smooth,
non-porous surfaces such as linoleum, tile, wood floors or staircases.
Exterior applications include sloped, rough, porous surfaces such as
concrete, asphalt, and grassy areas.

20

10. Anti Piracy Curtain

This is a device which makes use of the most abundant resource
commercial ships have while at sea: water. Essentially, the anti-piracy
curtain super soaks the pirates with fire hoses, preventing them from getting
on the ship and also filling their boats with water. Its main purpose though is
to deter pirates in the first place by being seen from far away.
The system consists of two elements, the first sprays water from highvolume nozzles, which hinder the pirates from boarding the ship, as well as
filling up the pirates vessels with water, and the second are hoses which
whip around violently, with the purpose of intimidating pirates from a
distance.

21

11. Foul smelling liquid Liquid Deterrent System (or using Stun
Gun)
An anti-piracy technology by the International Maritime Security
Network of US involves showering approaching pirates with slick, foulsmelling green liquid, which stinks and burns. The burning sensation and the

20 Id
21 https://www.youtube.com/watch?v=pEIu-WG-D-s, id

30

nasty stink forces pirates to jump into the water, thus stopping a possible
pirate attack.

22

V. CONCLUSION:
The issue on ways of combating piracy is a controversial one. This does
not, however, mean that it should be dismissed by responsible authorities.
Rather, it deserves a wider public attention. Thus, communities whether
international or local should join hand in hand to combat this crime against
National Security and Law of Nations.
The challenges of operations in the maritime environment are unique and
skills
acquired in land based security activities, even over many years, do not
necessarily translate into capability on board ship. The skill sets of the
seafarers should be relevant to the mission and therefore they should
undergo training in anti-piracy techniques and specific rules of engagement
at sea. Attacks by pirates involve the boarding of the ship and the stealing of
money and various articles, and they consistently try to capture vessels and
hold their crews for ransom. This threat has continued amongst seafaring
nations. Thus, all possible means on how to deal with pirates should be taken
into account. Effective ship security must include a range of measures to
create layers of defense against various threats or risks. Thus presented here
above are the anti-piracy precautionary measures for ships that will surely
ensure the lives of seafarers.
In the 18th century, successful pirate attacks became so frequent and
troublesome that governments were forced to take strong action. They sent
heavily armed naval warships to the pirates favourite hunting grounds.
Terrible battles were fought. Other pirates were captures and put on trial, and
22 id

31

were then executed amidst great publicity. Bodies were coated with tar and
hung in special iron cages as a dreadful deterrent to others thinking of taking
up piracy.
However, in view of the international concern on the protection of human
rights which predate general principles of international law,

inhuman and

degrading treatment must be excluded. Thus, taking into account the

developments in the field of Human Rights, this proposed law constitutes
effective non-lethal technologies to help seafarers have effective options to
achieve missions in the field that do not include shooting by the armed
guards
their primary weapons. The primary goal being to minimize the civilian
loss of life in conflicts that fall short of total war while still keeping sailors
safe on the sea.

32