Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

S.L. 480.4 · sl/480.4 (S.L. 480.4)

S.L. 480.4 Art. 6Use of force and firearms.

In KraftAmtlicher Text

(1) When necessary to prevent or protect the ship and its crew against acts of piracy and armed robbery, the master shall be permitted to decide to employ force subject to the limitations laid down in international law. Any person on board shall be obliged to comply with instructions given by the master.

(2) The arming of firearms and the implementation of procedures for the use of force shall be approved by the master in each individual case. Each PCASP shall be responsible for ensuring that use of force and firearms complies with these regulations.

(3) The use of force and firearms shall only be permitted against a threat which is direct, immediate, significant and otherwise unavoidable and shall be avoided wherever possible.

(4) In the event of use of force and firearms, such use shall be reasonably proportionate in view of the scope of the threat and the conditions at the time of the threat.

(5) Aimed shots with the objective of rendering a person harmless may only be fired when other less forceful means, such as verbal warning and the firing of warning shots, have failed to render the threat harmless, or in situations where recourse to less forceful means is not warranted in view of the imminent and immediate threat being faced by the ship and the persons on board.