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UN Resolution 1950 – maritime piracy in Somalia (November 23, 2010). The text

Resolution 1950 (2010) adopted by the United Nations Security Council (New York, 23 November 2010)

THE SITUATION IN SOMALIA

Text of the draft resolution (S/2010/592)

The Security Council,

Recalling its previous resolutions concerning the situation in Somalia, in particular the resolutions 1814 (2008) 1816 (2008) 1838 (2008), 1844 (2008), 1846 (2008), 1851 (2008), 1897 (2009) and 1918 (2010), as well as the statement of its President (S/PRST/2010/16) dated 25 August 2010,

Remaining deeply concerned about the threat posed by acts of piracy and armed robbery against ships to the security, timeliness and efficiency of the delivery of humanitarian assistance to Somalia and the region, the safety of seafarers and other persons, on international navigation and the safety of commercial maritime routes, and on other vulnerable vessels, including fishing activities conducted in accordance with international law, and that pirates extended their field of operation to the western part of the Indian Ocean and increased their means,

Expressing concern at reports of the involvement of children in acts of piracy off the coast of Somalia,

Considering that the continuing instability in Somalia contributes to the problem of piracy and armed robbery off the coast of Somalia and stressing the need for the international community to act on all fronts to tackle piracy and its root causes,

Reaffirming its commitment to the sovereignty, territorial integrity, political independence and unity of Somalia, including the rights of Somalia to its natural resources off its coast, including fisheries, in accordance with international law, and stressing the importance of preventing illegal fishing and the illegal development of wastes, including toxic substances,

Further reaffirming that international law, as set forth in the United Nations Convention on the Law of the Sea of ​​10 December 1982 ("the Convention"), provides the legal framework for combating piracy and theft armed robbery at sea, among other maritime activities,

Taking into account once again the crisis in Somalia and the fact that the Transitional Federal Government does not have the means to keep pirates at bay, to prosecute those who are arrested, or to patrol the waters off of the country's coasts, including international sea lanes and Somali territorial waters, and to ensure their security,

Taking note of the numerous requests for international assistance made by the Transitional Federal Government to combat piracy off the coast of Somalia, in particular the letter dated 20 October 2010 by the Permanent Representative of Somalia to the United Nations United States expressed its appreciation of the Council's assistance to the Transitional Federal Government, its readiness to consider working with other States and regional organizations to combat piracy and theft armed robbery off the coast of Somalia, and called for the provisions of resolution 1897 (2009) to be renewed for a further period of twelve months,

Welcoming the efforts of the European Union's Operation Atalanta, as well as the North Atlantic Treaty Organization's Allied Protector and Ocean Shield operations, and the action of the Multinational Force 151 of the Combined Maritime Forces and other States acting individually, in cooperation with the Transitional Federal Government and other countries, to suppress piracy and protect vulnerable vessels cruising off the coast of Somalia, and welcoming the efforts made by some countries, including China, Saudi Arabia, the Russian Federation, India, Japan, Malaysia, the Islamic Republic of Iran, the Republic of Korea and Yemen, which have deployed ships or aircraft in the region to support these efforts, as noted by the Secretary-General in his report (S/2010/394),

Welcoming the capacity building activities of the International Maritime Organization (IMO) Trust Fund for the Djibouti Code (a multi-donor trust fund established at the initiative of Japan) and the Trust Fund to support initiatives taken by States to combat piracy off the coast of Somalia, and noting the need for all relevant international and regional organizations to cooperate fully,

Noting with concern that the lack of resources and the absence of domestic legislation to detain and prosecute suspected pirates after their capture have prevented more vigorous international action against pirates operating off the coast of Somalia and, in some cases, compelled to release the pirates without bringing them to justice, even though the incriminating evidence was sufficient to justify prosecution, and reaffirming that under the terms of the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Navigation States Parties are required to criminalize the act of seizing or exercising control of a vessel by violence or the threat of violence or any other form of intimidation, to establish their jurisdiction over in respect of these offences, and to accept the surrender of persons responsible or suspected of such acts,

Emphasizing the importance of continuing to improve the collection, preservation and transmission to the competent authorities of evidence of acts of piracy and armed robbery committed off the coast of Somalia, and welcoming the work of IMO, INTERPOL and maritime carriers to develop instructions for seafarers on how to maintain after acts of piracy the places where these acts have been committed, and noting the importance, to ensure that the proceedings brought against the perpetrators of acts of piracy are successful, to allow seafarers to testify in criminal proceedings,

Welcoming the efforts made by the Republic of Kenya and the Republic of Seychelles to prosecute suspected pirators in their national courts, welcoming the commitment of the Republic of Mauritius, and noting with satisfaction the assistance provided by the Office United Nations on Drugs and Crime (UNODC), the Trust Fund to Support State Initiatives to Combat Piracy off the Coast of Somalia and other international organizations and donors, in coordination with the Contact Group for Countering Piracy off the Coast of Somalia, to assist Kenya, the Seychelles, Somalia and other states in the region, including Yemen, to take action to prosecute, or incarcerate in a third country after prosecution elsewhere, the captured pirates, in compliance with international human rights law in force, and stressing the need forStates and international organizations are further intensifying international action in this regard,

Welcoming the readiness of regional and national administrations in Somalia to cooperate with each other and with States that have prosecuted suspected pirates so that convicted pirates can be repatriated to Somalia under appropriate transfer arrangements detainees, in compliance with applicable international law, including international human rights law,

Welcoming the report submitted by the Secretary-General (S/2010/394) pursuant to resolution 1918 (2010) and the ongoing work of the Contact Group to Combat Piracy off the Coast of Somalia and the United Nations Secretariat to explore the possibility of using additional mechanisms to effectively prosecute those suspected of piracy and armed robbery off the coast of Somalia,

Emphasizing the need for States to consider how to assist seafarers who fall victim to piracy, and welcoming in this regard the ongoing work within the Somali Coast Piracy Contact Group and the International Maritime Organization to develop guidelines on the care of seafarers and others who have been victims of acts of piracy,

Further noting with appreciation the continued efforts of UNODC and UNDP to strengthen the capacity of the Somali prison system, including the regional authorities, in particular with the support of the Trust Fund to support the initiatives taken by States to combat piracy off the coast of Somalia, to imprison convicted pirates, in accordance with international human rights law,

Bearing in mind the Djibouti Code of Conduct for the Suppression of Acts of Piracy and Armed Robbery Committed against Ships in the Western Indian Ocean and in the Gulf of Aden and aware of the efforts the signatory States to develop appropriate regulatory and legislative frameworks to combat piracy, strengthen their means of patrolling the waters of the region, keeping suspicious vessels at bay and prosecuting those suspected of piracy,

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 at sea 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 a Somali police, within the framework of the Djibouti Agreement and a national security strategy,

Noting that acts of piracy and armed robbery off the coast of Somalia are aggravating the situation in the country, which continues to threaten international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

1. Reaffirms that it condemns and deplores all acts of piracy and armed robbery committed against ships sailing off the coast of Somalia;

2. Considers that the instability in Somalia is one of the root causes of and contributes to the problem of piracy and armed robbery off the coast of Somalia, and stresses the need for the international community to action on all fronts to tackle piracy and its root causes;

3. Reiterates its concern over the observations of the Somalia Monitoring Group in its report of 20 November 2008 (S/2008/769, p. 58) that the increasing payment of ransoms pirates and failure to comply with the arms embargo imposed by resolution 733 (1992) encourage piracy off the coast of Somalia and calls on all States to cooperate fully with the Somalia Monitoring Group and the Eritrea, in particular with regard to the sharing of information on possible violations of the arms embargo;

4. Calls once again on States and regional organizations in a position to do so to participate in the fight against piracy and armed robbery off the coast of Somalia in particular, in accordance with this resolution and international law, by deploying warships, weapons and military aircraft and seizing boats, ships, weapons and other related materiel which are used or which there are reasonable grounds to suspect will be used to commit acts of piracy and theft armed force off the coast of Somalia, and by disposing of it;

5. Commends the initiatives taken by the Contact Group to Combat Piracy off the Coast of Somalia to facilitate coordination to deter the commission of acts of piracy and armed robbery off the coast of Somalia, in cooperation with the International Maritime Organization, flag States and the Transitional Federal Government, and urges States and international organizations to continue to support these efforts;

6. Takes note of the rights of Somalia to its natural resources off its coasts, including fisheries, in accordance with international law, recalls the importance of preventing, in accordance with international law, illegal fishing and dumping illicit waste, and calls upon States and interested organizations, including the International Maritime Organization, to provide technical assistance to Somalia, including regional authorities, and neighboring coastal States, upon their request, in order to enhance the capacity of these States to ensure coastal and maritime security, including the fight against acts of piracy and armed robbery off the coast of Somalia and the coasts of neighboring countries, and stresses the importance of the Contact Group to the fight against piracy off the coast of Somalia provides coordination in this area;

7. Encourages Member States to continue to cooperate with the Transitional Federal Government in the fight against piracy and armed robbery at sea, notes that the latter bears the primary responsibility for eradicating piracy and armed robbery at sea, and decides to renew, for a further period of twelve months from the adoption of this resolution, the authorizations referred to in paragraph 10 of the 1846 resolution (2008) and paragraph 6 of resolution 1851 (2008) and renewed by resolution 1897 (2009), granted to States and regional organizations that cooperate with the Transitional Federal Government in the fight against piracy and robbery off the coast of Somalia and of which the Transitional Federal Government has notified the Secretary-General;

8. Affirms that the authorizations renewed in this resolution 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 emphasizes in particular that this resolution cannot be regarded as establishing customary international law, and further affirms that these authorizations have only been renewed following the receipt of the letter dated 20 October 2010, by which the Transitional Federal Government signified its agreement;

9. Affirms further that the measures imposed in paragraph 5 of resolution 733 (1992) and elaborated in paragraphs 1 and 2 of resolution 1425 (2002) do not apply to deliveries of arms and military equipment reserved for the exclusive use by Member States and regional organizations taking action in accordance with paragraph 7 above nor for the provision of technical assistance to Somalia solely for the purposes set forth in paragraph 6 above, which are subject to a waiver in accordance with the procedure set out in paragraphs 11 (b) and 12 of resolution 1772 (2007);

10. Calls upon Cooperating States to take steps to ensure that their activities pursuant to the authorizations granted in paragraph 7 of this resolution will not have the practical effect of denying or restricting the right of innocent passage vessels from third States;

11. Calls upon Member States to assist Somalia, at the request of the Transitional Federal Government and with the advice of the Secretary-General, to build capacity in Somalia, including that of regional authorities to bring to justice those who use Somali territory to plan, promote or commit criminal acts of piracy and armed robbery at sea, and emphasizes that all actions taken pursuant to this paragraph shall be consistent with applicable international human rights law;

12. Calls upon all States, in particular flag States, port States and coastal States, as well as States of nationality of victims or perpetrators of acts of piracy or armed robbery and States to which international law or their internal law confers jurisdiction, to cooperate in order to determine which will have jurisdiction and to take the necessary measures to investigate and prosecute the perpetrators of acts of piracy and armed robbery committed off the coast of Somalia, including anyone who instigates or facilitates the commission of any act of piracy, in accordance with applicable international law, including international human rights law, to ensure that all pirates surrendered to judicial authorities are brought to justice, and to support these efforts, in particular by providing assistance in matters of logistics and the exercise of legal remedies vis-à-vis persons subject to their jurisdiction and their control, such as victims, witnesses and persons detained in connection with operations carried out pursuant to this resolution;

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

14. Reaffirms its interest in continuing to examine the seven possible options for prosecuting and imprisoning those suspected of piracy described in the report of the Secretary-General (S/2010/394) and which provide for different levels of international participation, taking into account further information and observations that the Secretary-General may provide regarding the consultations being conducted by his Special Adviser on legal matters relating to piracy off the coast of Somalia, with a view to taking further measures to ensure that pirates are brought to bear accounts, emphasizing the need to strengthen cooperation between States, international and regional organizations to achieve this objective, and encourages the Contact Group for the fight against piracy off the coast of Somalia to continue its work in this regard;

15. Urges all States to take the necessary measures within the framework of their existing domestic law to prevent the illicit financing of acts of piracy and the laundering of the proceeds thereof;

16. Urges States, in cooperation with INTERPOL and Europol, to further investigate international criminal networks associated with piracy off the coast of Somalia, including those responsible for illicit financing and facilitation;

17. Emphasizes in this regard the need to facilitate the investigation and prosecution of those who illicitly finance, plan and organize the attacks perpetrated by pirates off the coast of Somalia and illicitly profit from them;

18. Welcomes the establishment of the Trust Fund to Support State Initiatives Combating Piracy off the Coast of Somalia and the International Maritime Organization Trust Fund for the Djibouti Code of Conduct ( a multi-donor trust fund created at the initiative of Japan) and urges state and non-state actors affected by piracy, and in particular the international shipping sector, to make contributions to these funds;

19. Urges States parties to the Convention and the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation to fully implement their obligations in this regard under those conventions and customary international law, and to cooperate with UNODC, the International Maritime Organization, as well as other States and international organizations, with a view to acquiring the legal means to prosecute those suspected of acts of piracy and armed robbery committed off the Somali coasts;

20. Welcomes the revisions made by the International Maritime Organization to its recommendations and guidance concerning the prevention and suppression of acts of piracy and armed robbery against ships, underlines the importance that all stakeholders, including the shipping industry, implement the recommendations and guidance, and urges States, in collaboration with the shipping and insurance industries, and the International Maritime Organization to continue to develop guidance notes information and best practices regarding evasive, evasive and defensive techniques to be employed by vessels that are under attack or sailing off the coast of Somalia and also urges States to make their nationals and vessels available for the purposes forensic investigations, as required, at the first port of call, immediately after any act of piracy or armed robbery at sea or any attempted piracy or theft, or after release;

21. Requests States and regional organizations cooperating with the Transitional Federal Government to inform it and the Secretary-General, within nine months, of the implementation of the measures they have taken pursuant to the authorizations arising from paragraph 7 above and also requests all States participating in the Contact Group to Combat Piracy off the Coast of Somalia, in particular Somalia and other States in the region, to report by the same deadline on their efforts to establish their competence to investigate and prosecute and to cooperate in cases of piracy;

22. Requests the Secretary-General to report to it, within eleven months of the adoption of this resolution, on its implementation and on the situation regarding piracy and armed robbery off the coast of Somalia ;

23. Intends to monitor the situation and, if necessary, consider renewing for additional periods the authorizations arising from paragraph 7 above if the Transitional Federal Government so requests;

24. Decides to remain seized of the matter.

 

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).