Birgit Feldtmann

What Happens After the Defense? Considering “Post Incident” Obligations of Masters from the Perspective of International and Danish Law

The move toward privately contracted armed security personnel raises a number of regulative and legal issues. One example is the question of the masters duty to render assistance in situations of distress: Does the master have to render assistance if the seafarer in distress is in fact a pirate who has attempted to attack the masters vessel and whose distress is the direct result of lawful self-defense by PCASP? This is the question at the heart of this article, which argues that there are certain post incident obligations and that it is crucial to address these obligations at the flag-state level.