Intended to be the first international model set of maritime RUF
David Hammond, a UK barrister-at-law and maritime lawyer, has published the 100 Series RUF which is intended to be the first international model set of RUF for the benefit of and use by the entire maritime industry. The Rules have been submitted to IMO for MSC 92 andISO TC8.
According to the author, the 100 Series Rules have been developed for the benefit of the entire maritime industry and under-pinned by a thorough public international and criminal law legal review using anobjective international law test of what is “reasonable and necessary” when force is used, as a lawful last resort, in self-defence. This objective international legal test is deemed to be of a higher legal standard than that of subjective national legislative provisions for self-defence.
The 100 Series Rules will not bind flag States as to their use, but instead provide a choice for their potential incorporation into national guidance as determined by respective governments and competent authorities.
They are a model set and example of best practice for maritime RUF. They compliment current industry RUF guidance on the drafting of RUF, as well as supporting the requirements of ISO PAS 28007 as a Publicly Available Specification and international standard.
The 100 Series Rules will go to providing an international model set of RUF as against which, Privately Contracted Armed Security Personnel (PCASP) may be professionally trained, Private Maritime Security Companies (PMSCs) may be audited and operator actions both measured and judged by competent authorities. However, they will not provide any form of indemnity or immunity whatsoever against civil or criminal liability when force has been used unlawfully.
For more information on the Rules, you can click here.
