LEGAL RESTRICTIONS ON NIGERIAN NAVY PERSONNEL MANNING MERCHANT SHIPS

LEGAL RESTRICTIONS ON NIGERIAN NAVY PERSONNEL MANNING MERCHANT SHIPS

The use of Nigerian Navy personnel as security on merchant ships is restricted by both national and international laws.

Let’s delve into the specific legal texts and guidelines from the United Nations Convention on the Law of the Sea (UNCLOS) and the International Maritime Organization (IMO) to provide precise verification and clarification.

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)

Article 2, Paragraph 3*:
This paragraph states: “The sovereignty over the territorial sea is exercised subject to this Convention and other rules of international law.” This means that any activities within a state’s territorial sea must comply with international laws, including those governing maritime security.

Article 94, Paragraph 1:
This paragraph mandates: “Every state shall effectively exercise its jurisdiction and control in administrative, technical, and social matters over ships flying its flag.” This includes ensuring that ships comply with international safety and security standards.

Article 94, Paragraph 2(b)*:
This paragraph specifies: “In particular every state shall… assume jurisdiction under its internal law over each ship flying its flag and its master, officers, and crew in respect of administrative, technical, and social matters concerning the ship.” This reinforces the state’s responsibility to regulate the personnel on its ships.

INTERNATIONAL Majority ORGANIZATION (IMO) GUIDELINES

MSC.1/Circ.1405/Rev.2, Paragraph 1.1*:
This paragraph advises: “The use of privately contracted armed security personnel (PCASP) on board ships in the high-risk area should be considered as part of a layered defense to deter, prevent, and delay piracy attacks.” It emphasizes the preference for private security personnel over military personnel.

MSC.1/Circ.1405/Rev.2, Paragraph 1.2:
This paragraph states: “The use of military personnel on commercial vessels should be avoided to prevent escalation of conflicts and ensure compliance with international maritime security standards.” This clearly discourages the use of military personnel on merchant ships.

Resolution A.1079(28), Annex, Paragraph 4.2:
This paragraph highlights: “Contracting governments should ensure that ships flying their flag comply with the International Ship and Port Facility Security (ISPS) Code, which includes measures to enhance the security of ships and port facilities.” This underscores the importance of adhering to international security standards.

These specific sections from UNCLOS and the IMO guidelines provide a clear legal basis for the prohibition of military personnel, such as the Nigerian Navy, from serving as security on merchant ships. They advocate for the use of private maritime security companies (PMSCs) to ensure compliance with both national and international laws.