Maritime piracy, armed force and private security

Abstract

States are failing to monopolize the use of force. Its use is being shared by private security companies that exploit the lack of regulations, both international and internal, which exists in this regard. The involvement of these private security companies in armed conflicts has received special attention. However, this concern has not spread to other situations in which these private security companies are also participating: the fight against maritime piracy; especially in the waters off the coast of Somalia. This contribution is to study this new phenomenon in relation to the last of the cases mentioned: the fight against maritime piracy. To this end, this study will attempt to answer the main legal questions that arise in connection with the use of armed force and its use by private security companies, as well as on the international responsibility for their actions and their possible attribution to State.