United Nations Security Council (UNSC)

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.