United Nations Security Council (UNSC)

Naval Response

Ongoing activity

UNSC resolutions, under Chapter VII of the UN Charter, authorize member-states to ‘take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security’. UNSC resolution 1814 (2008) first allowed states cooperating with the Transitional Federal Government (TFG) to enter the territorial waters of Somalia, for a period of six months, and use all necessary means to repress acts of piracy and armed robbery. Quickly after passing the first resolution, the UNSC passed another resolution, UNSC Resolution 1816 (2008), which authorized naval forces to enter Somali territorial waters in pursuit of piracy. This resolution has been renewed several times, most recently by: UNSC resolution 2077(2012), which renews its calls on states and regional organizations to fight piracy and armed robbery at sea through the deployment of naval vessels, arms and military aircraft and through seizures and disposition of boats, vessels, and weapons used in the commission of those crimes. The European Union (EU) operation Atalanta, North Atlantic Treaty Organization (NATO) operations Allied Protector and Ocean Shield, Combined Maritime Forces’ (CMF) Combined Task Force 151, and other states acting in a national capacity in cooperation with first the TFG, and later the Federal Government of Somalia, have responded to these UNSC resolutions to suppress piracy and to protect vulnerable ships transiting through the waters off the coast of Somalia.

Industry Response

No activity implemented or planned

No activity planned or implemented.

Plight of Seafarers

Ongoing activity

In UNSC resolution 2020 (2011), the council stressed ‘the need for states to consider possible methods to assist the seafarers who are victims of pirates’ and asking the CGPCS and the IMO to develop ‘guidelines for the care of seafarers and other persons who have been subjected to acts of piracy’.

Messaging and Advocacy

No activity implemented or planned

No activity planned or implemented.

Regional Capacity

Ongoing activity

In January 2012, the Secretary-General reported to the UNSC (pursuant to UNSC resolution 2015 (2011) on the progress of anti-piracy courts within the western Indian Ocean region. The report indicated that regional capacity to prosecute pirates would be available within 3 years. In March 2013, the UNSC adopted resolution 2093 (2013), recalling resolutions 2073 (2012), 1772 (2007), and 2036 (2012), authorizing the deployment of AMISOM forces until February 2014. 

Somali Capacity

Ongoing activity

Pursuant to UNSC resolution 2015 (2011), the Secretary-General reported to the council, that prisons had been built in Qardho and Garoowe, Puntland and that two prison advisors had been seconded from Norway, along with continual work on the prison in Hargeysa. In the Secretary-General’s report of December 2011 (S/2011/759), which was issued pursuant to UNSC resolution 2010 (2011), it was reported UNODC would come to an end in 2012 following Somaliland’s withdrawal from an MOU with the Seychelles and an unexplained release of a large number of prisoners from Hargeysa prison. Somaliland authorities issued a statement to the UNSC on 11 December 2011, which intimated a willingness to accept prison transfers under the MOU with the Seychelles. 

Rule of Law

Ongoing activity

The UNSC has been calling on member-states to ‘investigate and prosecute not only suspects captured at sea, but also anyone who incites or intentionally facilitates piracy operations’. The UNSC has continued to reaffirm ‘that the failure to prosecute persons responsible for acts of piracy and armed robbery at sea off the coast of Somalia undermines anti-piracy efforts of the international community’ UN Security resolution 2020(2011). UNSC resolutions, under Chapter VII of the UN Charter, authorize member-states to ‘take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security’. UNSC resolution 1816 (2008) first allowed states cooperating with the TFG to enter the territorial waters of Somalia and use ‘all necessary means’ to repress acts of piracy and armed robbery at sea. The Chapter VII authorization has been renewed in resolutions: 1851 (2008),1897 (2009)1950 (2010), 2020 (2011)2077(2012), and most recently in UNSC Resolution 2125 (2013). Since UNSC resolution 1950 (2010), allegations of illegal fishing and toxic waste dumping within Somali territorial waters has been called upon to be investigated by states and prevented in accordance with international law. The UNSC has called on the International Maritime Organization (IMO), the International Police (INTERPOL), and industry groups to develop guidance to seafarers on preservation of crime scenes following acts of piracy. Additionally, the UNSC 1846 (2008) urged states parties to the SUA Convention to implement their obligations under this convention to build judicial capacity for prosecution of persons suspected of piracy and armed robbery at sea. UNSC resolution 1897 (2009) called on states to assist to strengthen capacity in Somalia, to bring those to justice who are using Somali territory to plan, facilitate, or undertake acts of piracy and armed robbery at sea. Pursuant to UNSC resolution 1918 (2010), the UN Secretary-General presented a report outlining seven options to prosecute and imprison persons responsible for acts of piracy or armed robbery at sea. In August 2010, the UN Secretary General appointed a special advisor, Mr. Jack Lang, to identify additional steps in pursuit of that objective. In January 2011, the special advisor presented a report containing 25 proposals, including measures to enhance existing counter-piracy initiatives, as well as a new action plan comprising economic, security, and judicial/correctional measures targeting Somaliland and Puntland, and the establishment of specialized piracy courts in these regions and in Arusha, Tanzania. In June 2011, the UN Secretary General presented a report on the modalities for the establishment of specialized Somali anti-piracy courts as suggested by Jack Lang in the report from January 2011. This report was followed up by a January 2012 report of the Secretary General concerning anti-piracy courts in Somalia, which informed the UNSC that regional capacity to prosecute pirates would be available within 3 years.

Coordination

No activity implemented or planned

No activity planned or implemented.