Pirates must be prosecuted says UN. Towards a specialized court

(BRUXELLES2) In my view, the 2015 UN Security Council resolution on maritime piracy, which went unnoticed, deserves a careful detour. It marks the international will to endorse (at least in part) the conclusions and recommendations contained in the report written by Jack Lang. It issues a final warning to the States - Somalia in the first place but also the European States - so that they "move their buttocks" in order to adopt the necessary regulations to prosecute the pirates in justice. A call to all States with a limited deadline. By the end of the year, they will have to report to the UN on the measures taken.

However, this text does not go so far as to lay down the framework for a new international jurisdiction against piracy, but recommends. But it lays the necessary foundations for the establishment of legal instruments at the internal level: prosecution of accomplices, pooling of evidence... And it specifies the establishment of a Somali jurisdiction on Somali soil or outside it.

Concern over the lack of prosecution of hackers ...

The Security Council notes that “ the domestic law of some States does not criminalize piracy or contain the procedural provisions necessary to effectively prosecute suspected pirators. "" Despite the efforts made so far by States (which have chosen to prosecute pirates, (...) the work accomplished remains insufficient". "Failure to bring to justice those responsible for acts of piracy and armed robberies off the coast of Somalia harm the international community's fight against piracy And the resolution states that " it is important, in order to fight against piracy off the coast of Somalia, that those suspected of such acts be prosecuted at the national level”.

Appeal to all States, including those of the victims of acts of piracy

It is therefore a real appeal to the States, “ à all the states concerned, launched by the Security Council, whether it concerns port States and coastal States, but also "States of nationality of victims or perpetrators of acts of piracy or armed robbery and (of) States to which international law or their internal law confers jurisdiction to prosecute the pirates. Concretely, it is " cooperate in order to determine who 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 incites committing or facilitating an act of piracy, in accordance with applicable international law, including international human rights law”.. (§5) She asks “ criminalize piracy in their domestic law " and " to favorably consider prosecuting suspected pirates who have been apprehended off the coast of Somalia (§10) And also call them "to pool the evidence and information in their possession (§10) States will have to submit a report on this transposition by the end of 2011.

The ill will of the Somali authorities

The TFG (Transitional Federal Government) like the Somali regional authorities must “ pass a comprehensive set of laws to combat piracy, including laws to prosecute those who fund, plan, organize or facilitate pirate attacks or illicitly profit from them ". This law should embrace not only the prosecution of pirates or their accomplices but also “ the transfer to Somalia of pirates prosecuted and convicted elsewhere and the incarceration of those convicted in Somalia (§7) A report should be sent to the UN by the end of the year.

Towards a mixed jurisdiction

It is the mixed solution of a national jurisdiction, on Somali soil, or outside, with the support of the international community which has been chosen. But the Security Council does not want to take the plunge immediately. She therefore recommends continue to urgently study (…) the possibility of establishing specialized courts to try suspected pirators in Somalia and other States in the region, with the strong participation and/or assistance of the international community ". But the roadmap is drawn. The Secretary General must submit by January 25 (three months). (§ 16)

This court will have jurisdiction to judge not only suspected pirates captured at sea, but also “ anyone who incites or intentionally facilitates the commission of an act of piracy, including the masterminds of criminal piracy networks who plan, organize, facilitate or finance attacks by pirates or illicitly profit from them (§17).

In the meantime, the Secretary General is empowered to " provide early support for the next concrete steps (§14)

Prisons, international experts, funding

At the same time, the penitentiary effort will have to be continued - we must " support the construction of prisons in Somalia and their responsible operation (§19). And a new appeal is made to States to contribute financially to the trust fund or, practically, by “the provision of international experts, particularly from the Somali diaspora, through secondment or other methods ».