A/HRC/30/47 activities of private military and security companies and stressed the relevance of the 2012 IMO interim guidance in that regard. Some delegations requested further information about the IMO interim guidance and its implementation. A delegation and the Chair-Rapporteur expressed regret at the absence of IMO at that session. The Chair-Rapporteur confirmed that he would continue to invite IMO to cooperate with the open-ended intergovernmental working group and provide any information relevant to its work. He also encouraged stakeholders to provide relevant information on that issue for the consideration of the working group. He noted that the working group was particularly concerned with accountability and ensuring remedies for victims of human rights abuses and sought clarification on any cases involving such issues, including evidentiary issues of incidents at sea. 61. One delegation asked about the phenomenon of “floating arsenals” located outside territorial waters, which by their name pointed possibly to a type of unofficial warship. It also described the situation by which armed merchant ships would sail into territorial waters and be granted temporary firearms permits; once that system was implemented, the ships stopped entering the waters and instead were floating arsenals outside those waters. The same delegation asked how the challenges with regard to the flag State (in situations where flags of convenience were used) could be addressed. Some delegations requested information about trends in piracy and which parts of the world were affected. One delegation queried how national legislation could address the extraterritorial nature of companies in that sector in the absence of a legally binding instrument. Another delegation acknowledged other processes such as the Contact Group on Piracy off the Coast of Somalia. 62. In response to a suggestion to use the terms “floating armoury” or “floating safe” instead of the term “floating arsenal”, Mr. Casey-Maslen agreed that such terms might be more appropriate and he acknowledged the risks associated with using them. He clarified that they had been created as an attempt to address the problem of weapons being thrown overboard, when vessels sought to enter ports in States that did not allow weapons to be brought into their territorial waters. He also acknowledged the challenges associated with flags of convenience and with vessels that did not fly a flag, and pointed out that the general principle of the duty of the flag State 15 might need to be considered in terms of the reality of counter-piracy operations. Mr. Casey-Maslen further questioned the credentials of some of the companies that undertook armed security services. He noted that the IMO interim guidance was widely referred to, while he considered that it did not go into enough detail with regard to when the use of force would be lawful. He referred to the ongoing case in India and the questions regarding the limits of self-defence. 63. Mr. Casey-Maslen noted that the Contact Group on Piracy off the Coast of Somalia had encouraged the adoption of laws to allow for prosecutions in the light of the practice of “capture and release”. He clarified that the guidelines of the Geneva Academy of International Humanitarian Law and Human Rights had been developed as a contribution to the debate, and noted that existing guidance by States was not sufficiently detailed with regard to self-defence. Demand for armed security services had been driven by a perception of a very real risk, especially in the Gulf of Aden, the Gulf of Guinea and the South China Sea, and he pointed to IMO reports on piracy for further details.16 The crime of piracy was a domestic crime, while domestic legislation could encourage States to exercise jurisdiction on the high seas. The United Kingdom clarified that it had moved to address the crime of piracy and that the United Kingdom interim guidance was intended for use of British 15 16 16 See the United Nations Convention on the Law of the Sea. Available from www.imo.org/OurWork/Security/PiracyArmedRobbery/Reports/Pages/Default.aspx.