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57
If an attack has resulted in the death of, or serious injury to, any person on board the ship or serious damage to the ship itself, an immediate report should also be sent to the ship's maritime Administration.
In and event a report of an attack is vital if follow-up action is to be taken by the ship's maritime Administration.
58
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Any CCTV or other recording of the incident should be secured. If practicable, areas that have been damaged or rifled should be secured and remain untouched by crew members pending possible forensic examination by the law enforcement agencies of a coastal State. Crew members who came into contact with the attackers should be asked to prepare an individual report on their experience noting, in particular, any distinguishing features which could help subsequent identification of the attackers.
A full inventory, including a description of any personal possessions or equipment taken, with serial numbers when known, should also be prepared.
59 As soon as possible after the incident, a fuller report should be transmitted to the authorities of the coastal State in whose waters the attack occurred or, if on the high seas, to the authorities of the nearest coastal State. Due and serious consideration should be given to complying with any request made by the competent authorities of the coastal State to allow law enforcement officers to board the vessel, take statements from crew members and undertake forensic and other investigations. Copies of any CCTV recordings, photographs, etc. should be provided if they are available.
60 Any report transmitted to a coastal State should also be transmitted to the ship's maritime Administration at the earliest opportunity. A complete report of the incident, including details of any follow-up action that was taken or difficulties that may have been experienced, should eventually be submitted to the ship's maritime Administration.
61
The report received by maritime Administrations may be used in any diplomatic approaches made by the flag State to the Government of the coastal State in which the incident occurred. This will also provide the basis for the report to IMO.
62
Indeed,
The format required for reports to IMO is attached at annex 7. at present the lack of adequate and accurate reporting of attacks is directly affecting the ability of secure governmental and international action. Reports may also contribute to future refining and updating any advice that might be issued to ships.
63 Reports to the RCC, coastal State and the ship's maritime Administration should also be made if an attack has been unsuccessful.
64 It is hoped that using RCCs, as recommended by IMO in MSC/Circ.597, will eliminate communication difficulties.
Jurisdiction and intervention
Criminal jurisdiction
65 Piracy is an offence committed on the high seas or in a place outside the jurisdiction of any State. A pirate who has been apprehended on the high seas, therefore, falls to be dealt with under the law of the flag State of his captors.
W/9181e