Many in the shipping industry recall the hijacking of the Italian cruise ship Achille Lauro, which took place in Egyptian waters in 1988. Terrorism, piracy and the transport of weapons of mass destruction (WMD) are some of the facets of violence at sea. Ranging from seizure of ships by force to acts of violence against the crew and/or passengers or the placing of destructive devices, unlawful acts against the safety of maritime navigation put at risk the safety of persons and property, have a significant impact on maritime operations and services, and undermine the confidence of the society and the shipping community in the safety of maritime navigation.
The instruments of reference on international maritime terrorism and violence at sea is the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation of 1988 (SUA Convention 1988) and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf of 1988 (SUA Protocol 1988). Both instruments entered into force internationally on 1st March 1992 and were revised by two Protocols adopted in 2005 (entry into force internationally on 28 July 2010). The 2005 amendments are known as the 2005 SUA Protocols.
In the interest of clarity, the SUA treaties complement the International Ship and Port Facility Security (ISPS) Code, which is mandatory under SOLAS Convention. The ISPS Code establishes preventive security measures for ships and port facilities in order to deter terrorism and requires ships and ports that fall under its scope to adopt security protocols. The SUA treaties are centered on criminal prosecution of maritime crimes and facilitate international cooperation. Therefore, while the nature of the ISPS Code is operational, the nature of the SUA treaties is legal/criminal. To make things more complicated, on the European Union level, Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security, which is directly applicable to EU Member States and was subject to amendments, aimed at enhancing the security of ships and port facilities in the face of threats of intentional unlawful acts and at providing a basis for a harmonised interpretation of the ISPS Code.
According to the International Maritime Organization (IMO), the SUA Convention aims to ensure that appropriate action is taken against persons committing unlawful acts against ships. To achieve this, the Convention provides a legal foundation to States for the purposes of establishing jurisdiction over the alleged offenders in relation to the unlawful acts that fall under its scope. It “applies if the ship is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single State, or at the lateral limits of its territorial sea with adjacent States” (Article 4). It is of the essence of the Convention that contracting Governments are required either to extradite or prosecute alleged offenders.
The 2005 Protocols further enhanced global maritime security in light of the evolving nature of maritime threats. They expanded the list of maritime offences, including concerning ships transporting or discharging WMD and set forth a ship boarding procedure in relation to ships suspected of being engaged in prohibited activities.
In this context, the accession of the Republic of Cyprus to the Protocol of 2005 to the 1988 SUA Convention and to the Protocol of 2005 to the 1988 SUA Protocol is a key development in the area of maritime security which deserves the attention of the shipping community as it showcases the commitment to elevate the legal framework governing international maritime terrorism and violence at sea and align with the latest regulatory developments.
More specifically, the 2005 Protocols were ratified by Law 1(III)/2025, which amended Law 17(III)/1999, i.e. the statute which had introduced the 1988 SUA Convention and the 1988 SUA Protocol in the Cypriot legal system (Ο περί της Συμβάσεως για την καταστολή των παρανόμων πράξεων κατά της ασφάλειας της ναυσιπλοΐας του 1988 και του Πρωτοκόλλου για την καταστολή των παρανόμων πράξεων κατά της ασφάλειας των σταθερών εγκαταστάσεων στην υφαλοκρηπίδα του 1988 (Κυρωτικός) και περί συναφών θεμάτων (Τροποποιητικός) νόμος του 2025) (Official Gazette No 4306 dated 14.02.2025, Supplement I(III)). The entry into force for the Republic of Cyprus of the amendments took place on 27 July 2025.
According to Circular 14/2025 of the Shipping Deputy Ministry, SUA Protocols “enhance maritime security by establishing a comprehensive legal framework to combat unlawful acts at sea, including piracy, terrorism, and the transport of weapons of mass destruction”. Said circular mentions the new Article 8bis of the 2005 Protocol to the SUA Convention, which states that a State Party may request permission from another State Party to board a ship “located seaward of any State’s territorial sea” flying its flag if there are reasonable grounds to suspect involvement in offences under the SUA Convention or its Protocols and may exercise enforcement jurisdiction. The requesting State shall not board a ship or take measures without the express authorization of the flag State. Important safeguards when a State Party takes measures against a ship, including boarding, notably include not endangering the safety of life at sea, ensuring that all persons onboard are treated in a manner which preserves human dignity and in keeping with human rights law, taking due account of safety and security of the ship and its cargo, ensuring that measures taken are environmentally sound, ensuring that the master of the ship is advised of its intention to board and is, or has been afforded the opportunity to contact the shipowner and the flag State at the earliest opportunity and taking reasonable efforts to avoid a ship being unduly detained or delayed (Article 8bis para. 10).
It is worth noting that a new provision on criminal offences has been introduced by the amending law. The new article 4 of the Law sets out prison sentences, which, in a nutshell, range from 15 years to life; it also expressly provides for the criminal liability of legal entities, which entails monetary fines ranging from one to two million Euros. Furthermore, the liability of the legal entity does not prevent the prosecution of individuals who have violated the Law and/or participated in the commission of the offences.
Overall, the accession to the 2005 SUA Protocols by the Republic of Cyprus should be welcomed, as it embraces international standards in response to an evolving global challenge that can only be addressed via multilateral cooperation.
By Dr. Iliana Christodoulou Varotsi
Senior Legal Consultant & Lead Industry Trainer
