UN Resolution 1918 on bringing pirates to justice. The text

(B2) In resolution 1918 (2010), submitted by the Russian Federation and adopted unanimously by its 15 members, the 28th January 2010, the UN Security Council "urges all States, including those in the region, to criminalize piracy in their domestic law and to favorably consider prosecuting those suspected of piracy who have been apprehended off the coast of Somalia and imprisoning those who were found guilty, in accordance with international law and human rights”.

Text of draft resolution S/2010/206

The Security Council,

Recalling its resolutions concerning the situation in Somalia, in particular resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), 1846 (2008), 1851 (2008) and 1897 (2009),

Remaining deeply concerned about the threat that acts of piracy and armed robbery at sea against ships pose to the situation in Somalia and other States in the region, as well as to international shipping and the safety of commercial sea routes,

Reaffirming that international law, as codified in the United Nations Convention on the Law of the Sea of ​​10 December 1982 ("the Convention"), in particular in its articles 100, 101 and 105, defines the legal framework the fight against piracy and armed robbery at sea, as well as other maritime activities,

Reaffirming also that the authorizations renewed in resolution 1897 (2009) apply only to the situation in Somalia and do not affect the rights, obligations or responsibilities of Member States deriving from international law, in particular the rights or obligations resulting from the Convention, with respect to any other situation, and emphasizing in particular that the aforesaid resolution cannot be regarded as establishing customary international law,

Emphasizing the importance of addressing the problems posed by the lack of capacity in the judicial systems of Somalia and other States in the region to properly prosecute suspected pirates,

Taking note with appreciation of the assistance provided by the United Nations Office on Drugs and Crime (UNODC) and other international agencies and donors, in coordination with the Contact Group for the fight against piracy at sea coasts of Somalia ("the Contact Group"), in order to strengthen the capacity of the judicial and penitentiary systems of Somalia, Kenya, the Seychelles and other States in the region to prosecute those suspected of piracy and incarcerate those who have been sentenced, in accordance with international human rights law,

Welcoming the action taken by the European Union's Operation Atalanta, the North Atlantic Treaty Organization's Operations "Allied Protector" and "Ocean Shield", the Multinational Force 151 of the Combined Maritime Forces, and various States acting individually, in cooperation with the Transitional Federal Government and with other States, to suppress piracy and armed robbery off the coast of Somalia and in particular to bring to justice those suspected of piracy,

Welcoming the efforts made by the Republic of Kenya to bring those suspected of piracy to trial in its courts and imprison those who have been convicted, and encouraging it to continue on this path, while acknowledging the difficulties it faces in doing so ,

Welcoming also the efforts made to date by other States to try persons suspected of piracy in their courts,

Noting Seychelles' decision to prosecute those suspected of piracy and particularly welcoming its decision of 6 February 2010 to consider hosting a regional prosecution centre,

Welcoming the Contact Group's decision to establish an international trust fund to support its initiatives, to be administered by the United Nations Office on Drugs and Crime to meet the cost of legal proceedings against suspected of piracy and to support other forms of counter-piracy, commending participating States that have contributed to this fund and encouraging other potential donors to make contributions to it,

Welcoming the adoption by the Contact Group of the report on the assessment of the region's capacity needs and urging States and international organizations to do their utmost to ensure that the recommendations contained therein are promptly implemented ,

Congratulating those States which have revised their domestic law to criminalize piracy and enable their courts to try those suspected of piracy, in accordance with international law, including human rights law, and emphasizing the need for States are continuing their efforts in this direction,

Noting at the same time with concern that the domestic law of some States does not criminalize piracy or contain the procedural provisions necessary to effectively institute criminal proceedings against persons suspected of piracy,

Appreciating the efforts of the Contact Group to explore ways to more effectively prosecute those suspected of having committed acts of piracy and armed robbery off the coast of Somalia,

Emphasizing that peace and stability in Somalia, the strengthening of state institutions, economic and social development and respect for human rights and the rule of law are necessary to create the conditions for eradication piracy and armed robbery off the coast of Somalia, and stressing also that the long-term security of Somalia depends on the effective establishment, by the Transitional Federal Government, of national security forces and the Somali police, within the framework of the Djibouti Agreement and a national security strategy,

Noting with concern that suspects of piracy are being released without trial, and expressing its determination to hold pirates to account,

Affirms that the failure to bring to justice those responsible for acts of piracy and armed robbery committed off the coast of Somalia undermines the international community's action against piracy;

Calls upon all States, including States in the region, to criminalize piracy in their domestic law and to favorably consider prosecuting those suspected of piracy who have been apprehended off the coast of Somalia and imprisoning those who have been found guilty, in accordance with international human rights law;

Welcomes in this regard the progress made in the application of the Djibouti Code of Conduct of the International Maritime Organization and calls upon the States which have subscribed to it to apply it in its entirety as soon as possible;

Requests the Secretary-General to submit to it, within three months, a report on the various possible solutions to achieve the prosecution and imprisonment of those responsible for acts of piracy and armed robbery committed off the coast of Somalia, including including in particular on solutions tending to create in the national jurisdictions special chambers, possibly with international elements, or to create a regional court or to create an international court, and on the corresponding arrangements in prison matters, taking into account the work of the Contact Group, the precedents for the establishment of international tribunals and hybrid tribunals, and the time and resources needed to achieve concrete and lasting results;

Decides to remain seized of the matter.