Expert warns naval officers against international maritime laws, security breaches

The Nigerian Navy has been cautioned against breaching international maritime laws by deploying its personnel as security on merchant vessels, to prevent the escalation of legal conflicts and security breaches in shipping and maritime operations.

The United Nations Convention on the Law of the Sea (UNCLOS) and the International Maritime Organisation (IMO) established legal frameworks that prohibit the use of military personnel by countries as security on commercial ships.

This information was disclosed in a paper titled “Legal Restrictions on Nigerian Navy Personnel Manning Merchant Ships,” authored by the Anti-piracy Security Head at Trident Group America Inc., Prof. Alfred Oniye.

According to Oniye, both national and international laws prohibit the deployment of military personnel on commercial ships, emphasising the necessity of adhering to established maritime legal frameworks to prevent potential legal conflicts and security breaches in the shipping industry.

Oniye, who is also the President of the Merchant Seafarers Association of the USA Inc. and Nigeria, emphasised that international maritime laws collectively outline the legal framework governing the operation of ships in territorial waters and the responsibilities of states to maintain compliance with these laws.

He highlighted Article 2, Paragraph 3 of UNCLOS, which states that “the sovereignty over the territorial sea is exercised subject to this convention and to other rules of international law,” underscoring the importance of compliance with international regulations within a state’s territorial waters.

Further, Article 94, Paragraph 1 of UNCLOS mandates that “every state shall effectively exercise its jurisdiction and control in administrative, technical, and social matters over ships flying its flag.”

Oniye stated that this requirement extends to ensuring that these vessels comply with international safety and security standards.

Specifically, Article 94, Paragraph 2(b) reinforces that states must assume jurisdiction under their internal laws over each ship flying their flag and its crew concerning administrative, technical and social matters.

Oniye explained that this reinforces the state’s responsibility to regulate personnel on its ships.

Complementing these provisions, the IMO guidelines also discourage the use of military personnel aboard commercial vessels.

Oniye highlighted document MSC.1/Circ.1405/Rev.2, which advises that “the use of privately contracted armed security personnel (PCASP) on board ships in high-risk areas should be considered as part of a layered defence to deter, prevent and delay piracy attacks, indicating a clear preference for private security over military forces.

Moreover, the guidelines explicitly state that “the use of military personnel on commercial vessels should be avoided to prevent the escalation of conflicts and ensure compliance with international maritime security standards.”

Oniye explained that this directive highlights the potential risks associated with deploying military personnel in civilian contexts, reinforcing the need for established security measures that do not involve armed forces.