An examination of the international legal framework to prevent maritime terrorism and the transport of weapons of mass destruction

Abstract

This thesis examined the current international legal regime aimed at preventing and countering maritime terrorism and trafficking of weapons of mass destruction by sea. In particular, it focused on the numerous efforts put forward by the International Maritime Organization to address these increasing maritime security threats.

Although the 1982 United Nations Convention on the Law of the Sea provides some rules regulating maritime security, it fails to provide adequate responses to contemporary crimes at sea, such as maritime terrorism and the transportation of weapons of mass destruction by sea.

In the wake of the Achille Lauro incident, the international community was suddenly faced with a threat which involved violence at sea, but could not be considered as an act of piracy under the Law of the Sea Convention. Consequently, the international community adopted a new legal regime to fight these threats in the form of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation. With the September 11th attacks, the maritime community took an additional backlash, as terrorism was gaining substantial prominence as a global threat. This resulted in a revision of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation in 2005. This research assessed further cooperative efforts which have been developed between States, and legal frameworks adopted by the international maritime community as a contribution towards providing protection to maritime security - a crucial step in the interest of the safety of life at sea.