Until recently, Dutch merchant ships could not rely on privately contracted maritime security staff to protect themselves against pirates. On the one hand, the argument prevailed that the State had to retain the monopoly on the use of force and, on the other hand, one also feared for the escalation of violence or international incidents. Nowadays, however, more and more European countries allow for the use of privately contracted armed security personnel on board merchant ships. As a result, the Dutch Parliament has adopted a bill containing rules for the use of armed private security guards on board Dutch maritime merchant ships (Law to Protect Merchant Shipping 2019 (published in the Dutch official Gazette on June 7th, 2019)). |
Zoekresultaat: 4 artikelen
De zoekresultaten worden gefilterd op:Tijdschrift Tijdschrift voor Veiligheid x
Artikel |
De inzet van privaat gewapend maritiem beveiligingspersoneel of Privately Contracted Armed Security Personnel (PCASP) aan boord van Belgische en Nederlandse koopvaardijschepenEen rechtsvergelijkende analyse van de wetgeving van Europese vlaggenstaten |
Tijdschrift | Tijdschrift voor Veiligheid, Aflevering 1 2019 |
Trefwoorden | Maritime piracy, private maritime security company, PMSC, vessel protection detachment, privately contracted armed security personnel |
Auteurs | Ilja Van Hespen |
SamenvattingAuteursinformatie |
Artikel |
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Tijdschrift | Tijdschrift voor Veiligheid, Aflevering 1 2019 |
Trefwoorden | Interorganisationele samenwerking, Politie, Gemeenten, bestuurlijke aanpak, overlast en criminaliteit |
Auteurs | Renze Salet |
SamenvattingAuteursinformatie |
In the Netherlands, over the past 25 years mayors have had an increasing number of formal powers, based on administrative law, to fight against crime and disorder. Now, the Dutch mayors have the power to impose a restraining order, to close houses in case of drugs and/or drugs trade, or to decline a request for a permit when it might be used for illegal activities. |
Artikel |
Vessel protection, van zorgplicht naar zelfverdediging |
Tijdschrift | Tijdschrift voor Veiligheid, Aflevering 0304 2015 |
Trefwoorden | Security, Piracy, public vs. private responsibilities, policy making, paradigm changes |
Auteurs | Henk Warnar |
SamenvattingAuteursinformatie |
This article demonstrates the influence of intellectual debate in policy paradigm changes. In response to piracy around the Horn of Africa, Dutch naval forces have participated in NATO and EU counter piracy operations since 2008. Although successful, also self protection measures by the merchant ships are required to provide security to individual ships. Since 2008 Dutch ship owners have advocated to amend legislation to allow private armed security teams (PAST) for individual protection, similar to policies by most foreign countries. Because of sensitivities concerning the private use of arms, policymakers, politicians, stakeholders and advisors have circumvented the issue. Instead of addressing the question of self defense, the paradigm of state monopoly for violence and the state’s obligation to provide security, made individual protection by embarked military teams to develop as a governmental service at levels that turned out to be unachievable for the armed forces. This policy caused several types of friction. Currently, the only acceptable solution seems to be to allow PAST and legislation is being prepared accordingly. A successful paradigm change however can only be achieved if an adequate new paradigm is constructed by intellectual debate. (Hall, Visser & Hemerijck) So far this debate has been too limited in scope. Debate has been state centric and focused on legal views and regulation. To resolve friction, additional analysis of differing roles by the state and individual entrepreneurs is required. Such analysis argues that the state severely reduces individual protection and politicians decide on the fundamental question of self defense by ships at the high seas. |
Artikel |
Onschadelijkmaking: een problematische trend in criminaliteitsbestrijding |
Tijdschrift | Tijdschrift voor Veiligheid, Aflevering 1 2013 |
Trefwoorden | Incapacitation, Crime-prevention, Control, Punishment,, Disqualification |
Auteurs | Marius Duker en Marijke Malsch |
SamenvattingAuteursinformatie |
This article attempts to interpret and critically discuss the concept of incapacitation as a motive in the response to crime. Research shows that incapacitation – disabling or hindering people to commit offences – increasingly presents an important motive in the response to crime. This tendency is explored by several researchers in a new book titled Incapacitation: Trends and New Perspectives (Ashgate 2012). This tendency presents itself by the expansion of various modes of and grounds for detention, but also in the increase of other kinds of incapacitative measures, as well as in the fact that also administrative measures outside criminal law increasingly contain incapacitative elements. This tendency towards incapacitation of possible (re-)offenders can also be witnessed in contemporary politics. Examples discussed here are the intensive application of preventive custody, disqualifications, restraining orders accompanied by electronic monitoring, as well as administrative measures aimed at refusing certificates of good conduct or permits for specific commercial activities. It is argued that incapacitation often is not a proportionate and effective approach against crime. It appears to obscure the perspective on possibly more effective attempts to secure future behavior. |