Next to PSI and the UNSC putting the issue of WMD into the limelight through SC
Res. 1540, other paths to enable action against threats to maritime security were
also sought. One has been the path of international agreements. Treaties on maritime
terrorism existed since the hijacking of the Achille Lauro, in October 1985.
Three years later, the Convention on the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation (SUA Convention) made punishable the events that
had occurred on board the Achille Lauro. Some authors take the position that one of
the major flaws of the SUA Convention is that it does not create any authority for
non-flag States to board a foreign-flagged vessel to stop and arrest persons. The
focus on terrorism after 9/11 and a felt need to find more instruments to take
effective action spurred to address this lacuna. As a result the SUA Protocol (2005)
was created. This protocol aims at updating the SUA Convention in two ways. It
makes it firstly possible to avoid time-consuming procedures to board a
foreign-flagged vessel. This enhances maritime security through the ability to act
more swiftly and at the same time to adhere to the fundamental principle of
exclusive flag State jurisdiction. Second, a new set of offences was introduced that
focuses on the use of WMD. The SUA Protocol (2005) entered into force in 2010.
