In July of 2004, the International Ship and Port Security code
(ISPS) was created in response to the 9/11 terrorist attacks. The 10-year-old code required merchant ships
in international trade to be certified to an established security
standard. Now in 2014, let’s take a look
at the ISPS and where it stands today.
Creating the ISPS Code
Like nearly all maritime legislation that is initiated by a
maritime accident or disaster, the ISPS code was also created following a
disaster – but one on land.
Merchant ships have traditionally entered territorial ports and
waters with little red tape or hindrance in peace time, as a way of facilitating
trade.With that kind of easy access to
seaports, many security experts were concerned that merchant ships could easily
be used by terrorists – as means of transportation or as weapons themselves.Following 9/11, it was clear that those experts
were right; consequently, legislation was necessary to protect both the vessels
and the ports.
Implementing the Code
In December of 2002, a SOLAS conference was held at IMO
headquarters, and the International Ship and Port Facility Security Code was adopted.The Code came into full force on July 1,
2004, record time for this time of legislation.Especially considering that in such a brief time, approximately 50,000
vessels were certified, and hundreds of thousands of personnel and seafarers
were trained to be Ship Security Officers (SSO) and Company Security Officers
(CSO).
The definition of maritime terrorism
The shipping industry has been dealing with piracy and stowaway
threats for a very long time.For
decades, ship owners’ associations and administrations have been issuing
regulations to assist seafarers in dealing with dangers like these.In fact, it was over 30 years ago that the
IMO and International Chamber of Shipping issued security guidelines for such
threats.
Unfortunately, even over all that time, before the ISPS Code,
specific instructions on how to protect a ship against terrorists were never
issued.
According to the Council for Security Cooperation in the Asia
Pacific, maritime terrorism is defined as, “…the undertaking of terrorist acts
and activities within the maritime environment, using or against vessels or
fixed platforms at sea or in port, or against any one of their passengers or
personnel, against coastal facilities or settlements, including tourist
resorts, port areas and port towns or cities.”
Though maritime terrorism isn’t rampant, there has been and
continues to be a steady stream of incidents over the last 50 years or
more.Some of these incidents are on a
low level, while others are more serious and receive extensive media coverage,
like in the case of the Santa Maria:
The hijacking of the
Portuguese passenger ship Santa Maria is considered to be first case of
maritime terrorism. On January 22, 1961, 24 leftist Portuguese terrorists
hijacked the luxury cruise liner. The ship carried 600 passengers and a crew of
300. The hijackers embarked the vessel as passengers at the port of La Guairá
in Venezuela and on the Dutch island of Curacao, with weapons hidden in
suitcases. The terrorists took over command of the ship, but eventually
surrendered when they were given political asylum in Brazil.
Maritime terrorism since the Code was adopted
Supporters of the ISPS Code argue that it has been successful, as
no serious incidents of maritime terrorism have occurred since it was
implemented.But opponents argue that
the code has been little to no help in protecting vessels and seafarers against
modern-day piracy.Regardless of the
varying opinions, however, terrorism and piracy are very different crimes and
they require different approaches.In
fact, the link between pirates and terrorism is actually very weak.
As with all new legislation, the ISPS Code initially met
skepticism from seafarers.But the Code
is now accepted as just another part of the shipping business, and most people
appreciate the advantages.
Ongoing challenges
Going forward, the Code
can be and will need to be modified for the better.The IMO lists some of the ongoing challenges
as the following:
- ISPS Code implementation
has a lack of national legislation/guidelines
- ISPS Code must be a
means to address all maritime security threats (not just terrorism)
- How to decide on
appropriate risk assessment methodology
- How to disseminate good
practices with regard to port facility security
- Who should audit the
auditor?
- What to do about ships
encountering difficulties when calling at a high-risk port
With the threats of terrorism and piracy consistently increasing
and changing, this important piece of legislation will likely evolve and change
with those threats.We will keep you
updated on any new developments.