International Legal Framework for Combating Piracy Through the Use of Force: An Overview of the Pathology of Private Military Security Companies' Role

Background and Theoretical Foundations: By the end of the ۲۰th century, the international community had managed to develop a relatively cohesive legal system for fighting against piracy and had taken commendable actions against pirates. Recent cases have been greatly efficient in inhibiting the activities of pirates. However, the situation has changed since the beginning of the ۲۱st century, in which there has been an extremely rising trend in statistics for the theft of merchant ships. In other words, the activities of pirates have now become the most important challenge to the security of international trade and merchant ships at sea worldwide.
Methodology: This research employs a descriptive-analytical method, in some cases, combined with a prescriptive-mandatory approach, to examine the international legal framework for combating piracy through the use of force, with an emphasis on the role of private military security companies.
Findings: It is necessary to comply with the principles of necessity and proportionality, as well as all provisions of international humanitarian law, when fighting against pirates. However, it is preferable to resort to force against pirates to resolve the piracy problem. Although we believe that eradicating the challenge of piracy seems to be an Idealistic and utopian idea, we are sure that by adopting a coherent plan, this major international challenge can be curbed. Even without weapons, merchantmen can defend themselves well, and reducing the motivation of pirates will definitely have an effect on reducing piracy.
Conclusion: According to the research results, states are obliged to comply with all principles and regulations of international humanitarian law for the use of force against pirates. The results also identified two challenges to the roles of private military security companies in this regard. Finally, five solutions such as holding scientific workshops and providing theoretical and practical training to sailors, reviewing recorded videos of pirates' actions, using the experiences of ship Capitan who have been able to neutralize pirates' operations, preparing suitable scenarios for how to manage the crisis, and ultimately the possibility the use of simulated workshops and placing the vessel in a position that is going to be attacked by pirates can improve the readiness of sailors and ship captains to deal with piracy to enhance the security of merchant ships against piracy operations.

کلیدواژه ها:

International Law ، Pirates ، Private Military-Security Company ، Merchant ships