What happens if pirates attack a ship?

If there is no viable option to circumnavigate a threat area, sometimes a ship must take its cargo through an area known for piracy, such as the Gulf of Guinea or off the coast of Somalia.

The shipowner must act to mitigate the risk, which includes the physical and psychological toll on the crew who know they may face attack, captivity and even death, as well as serious financial repercussions due to ransom payments, ship damage, cargo losses, and increased insurance costs.

Piracy remains a serious and persistent threat against global shipping, with 116 incidents recorded by the International Maritime Bureau’s annual 2024 Piracy and Armed Robbery Report.

What is the immediate action plan?

Upon receiving orders to enter an area with a piracy threat, the entity responsible for managing the ship (typically the owner, or a third-party ship manager) must immediately perform a full security risk assessment which includes evaluating the threat (capability, opportunity, intent), the vulnerability of the ship/crew, the probability of a piracy event, the likely impact and eventually the risk.

This assessment should include a consideration of mitigation measures, which must be implemented. These might include, for example, deploying anti-piracy measures such as water cannons, physical obstacles to prevent boarding, extra lookouts, or installing citadels, a type of safe room that crew can retreat to in the event the ship is boarded by attackers. On a case-by-case basis, hiring onboard private security guards or security escort vessels (if available) can even be considered.

What rules and regulations need to be followed?

It’s vital to follow the latest IMO guidelines, including the SOLAS special measures to enhance maritime security, known as the International Ship and Port Facility Security Code (ISPS).

Flag and coastal states may have their own defined special requirements, such as where and how private security service providers may be deployed to protect the ship and its crew. Some states may also operate naval forces to deter piracy, and they may have their own guidelines and suggestions regarding reporting ship movements in the region, incident reporting and permitted actions during and after an attack.

Who else needs to be involved?

The technical manager (often the owner) is responsible for the practical execution of the operation and for associated risk management activities. This includes dialogue with insurers, who will need to know in advance of the ship entering a high threat area. P&I Clubs typically cover third party liability risks in these situations and will offer practical and legal advice to help prevent incidents and manage risks.

How does BIMCO help?

Before entering the high threat waters: Our work on contracts and clauses means we can help shipowners and charterers distribute the risks and understand their responsibilities when venturing into areas at high risk of piracy.

Key contracts include GUARDCON (an agreement for the hire of the services of private maritime security guards on ships, either armed or unarmed) and SEV-GUARDCON (covering the use of security escort vessels that accompany merchant ships in high threat areas).

BIMCO’s War Risks and Piracy Clauses provide contractual frameworks to help shipowners and charterers navigate the complexities of operating in high-threat areas. BIMCO’s Piracy Clauses, namely Piracy Clause for Time Charter Parties 2013, Piracy Clause for Single Voyage Charter Parties 2013 and Piracy Clause for Consecutive Voyage Charter Parties and COAs 2013 offer protections against the growing threat of piracy, covering issues such as special cover, seizure, additional costs, and ransom payments, ensuring commercial viability while prioritising crew safety and operational security. Meanwhile, The War Risks Clauses, namely War Risks Clause for Time Chartering 2013 (CONWARTIME 2013) and War Risks Clause for Voyage Chartering 2013 (VOYWAR 2013), outline the rights and obligations of parties in the event of war-related threats including piracy, ensuring ships can avoid dangerous areas while addressing liability, cost allocation, and termination rights.

These clauses are currently being updated to reflect evolving geopolitical risks and industry needs.

Our wider role in the industry: Piracy is a major threat to shipping in some regions, and we maintain dialogue with a wide range of stakeholders, such as governments, military, judiciary, law enforcement and commercial security providers, to stay up-to-date on risk levels in different areas. We also play a key role in developing guidelines for risk management through the IMO and in industry groups. Our experts provide maritime security threat overviews and training courses so our members are up to date on the legal and contractual issues involved in piracy situations.

In the event of an incident: Should a ship be attacked by pirates, or crew taken hostage, our experts can offer advice and support to members. Depending on the circumstances, we also occasionally provide behind-the-scenes dialogue with authorities and other stakeholders to help find a peaceful resolution and facilitate the safety of the seafarers.

What happens if drugs are found on ships?

Shipping explained

What happens if pirates attack?

What is the immediate action plan?

What rules and regulations need to be followed?

Who else needs to be involved?

How does BIMCO help?