Vessel Protection Detachments And The Search For Immunity

Abstract

This article examines the legal complexities surrounding Vessel Protection Detachments (VPDs) deployed on civilian ships to combat piracy. It explores the roles and emergence of VPDs, highlighting their function as state or law enforcement units tasked with protecting vessels from pirate attacks. The article delves into the contentious issue of granting immunity to VPDs under various legal frameworks. It analyzes the applicability of state immunity, both under the traditional absolute approach and the modern restrictive approach, and questions whether VPDs can be classified as peacekeepers or lawful combatants under International Humanitarian Law (IHL). Through case studies and legal interpretations, the article argues that while VPDs perform essential non-commercial sovereign functions deserving of state immunity, the current international legal framework lacks specific provisions to adequately regulate and protect them. The article concludes by emphasizing the need for the international community to develop explicit legal standards for the regulation and protection of VPDs, ensuring that the fight against piracy is not hindered by legal ambiguities.

Keywords: Vessel Protection Detachments, Piracy, Maritime Security, State Immunity, International Law, Jurisdictional Immunity, Peacekeepers, Law of Armed Conflict, Sovereign Functions, International Humanitarian Law