Revoked by A.1026(26)
Resolution
A.1002(25)
PIRACY1 AND ARMED ROBBERYAGAINST SHIPS2 IN WATERS OFF THE
COAST OF SOMALIA
(Adopted on 29 November 2007)
________________
1. "Piracy" is
defined in article 101 of the United Nations Convention on the Law of the Sea
as follows: "Piracy consists of any of the following acts:
(a) any illegal acts of
violence or detention, or any act of depredation, committed for private ends by
the crew or the passengers of a private ship or a private aircraft, and
directed:
(i) on the high seas, against
another ship or aircraft, or against persons or property on board such ship or
aircraft;
(ii) against a ship,
aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary
participation in the operation of a ship or of an aircraft with knowledge of
facts making it a pirate ship or aircraft;
(c) any act of inciting or of
intentionally facilitating an act described in sub-paragraph (a) or (b)."
2. "Armed robbery
against ships" is defined in the Code of Practice for the Investigation of
the Crimes of Piracy and Armed Robbery Against Ships (resolution A.922(22),
annex, paragraph 2.2), as follows:
"Armed robbery against
ships means any unlawful act of violence or detention or any act of
depredation, or threat thereof, other than an act of "piracy",
directed against a ship or against persons or property on board such ship,
within a State’s jurisdiction over such offences."
THE
ASSEMBLY,
RECALLING
Article 15(j) of the Convention on the International Maritime Organization
concerning the functions of the Assembly in relation to regulations and
guidelines concerning maritime safety and the prevention and control of marine
pollution from ships,
RECALLING
ALSO article 1 of the Charter of the United Nations, which includes, among the
purposes of the United Nations, the maintenance of international peace and
security,
ALSO
RECALLING article 100 of the United Nations Convention on the Law of the Sea
(UNCLOS), which requires all States to co-operate to the fullest possible
extent in the repression of piracy on the high seas or in any other place
outside the jurisdiction of any State,
RECALLING
FURTHER article 105 of UNCLOS which, inter alia, provides that, on the high seas
or in any other place outside the jurisdiction of any State, every State may
seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and
under the control of pirates and arrest the persons and seize the property on
board,
BEARING
IN MIND article 110 of UNCLOS which, inter alia, enables warships, military
aircraft, or other duly authorized ships or aircraft clearly marked and
identifiable as being on government service to board any ship, other than a
ship entitled to complete immunity in accordance with article 95 and article 96
of UNCLOS, when there are reasonable grounds for suspecting that the ship is,
inter alia, engaged in piracy,
REAFFIRMING
resolution A.545(13) on "Measures to prevent acts of piracy and armed
robbery against ships", adopted on 17 November 1983; resolution A.683(17)
on "Prevention and suppression of acts of piracy and armed robbery against
ships", adopted on 6 November 1991; and resolution A.738(18) on
"Measures to prevent and suppress piracy and armed robbery against ships",
adopted on 4 November 1993,
BEARING
IN MIND resolution A.922(22), through which the Assembly adopted the Code of
Practice for the Investigation of the Crimes of Piracy and Armed Robbery
against Ships ("the Code") and which, inter alia, urges Governments
to take action, as set out in the Code, to investigate all acts of piracy and
armed robbery against ships occurring in areas or on board ships under their
jurisdiction; and to report to the Organization pertinent information on all
investigations and prosecutions concerning these acts,
BEARING
IN MIND ALSO resolution A.979(24) on "Piracy and armed robbery against
ships in waters off the coast of Somalia", by means of which the Assembly,
inter alia:
- recommended a
number of measures to protect ships from piracy and armed robbery attacks in
waters off the coast of Somalia and by means of which the situation was brought
to the attention of the Security Council of the United Nations ("the
Security Council");
- requested the
Secretary-General to continue monitoring the situation in relation to threats
to ships sailing in waters off the coast of Somalia and to report to the
Council, as and when appropriate, on developments and any further actions which
might be required; and
- requested the
Council to monitor the situation in relation to threats to ships sailing in
waters off the coast of Somalia and to initiate any actions it might deem
necessary to ensure the protection of seafarers and ships sailing in waters off
the coast of Somalia,
NOTING
WITH SATISFACTION the actions taken by the Council and the Secretary-General
pursuant to resolution A.979(24),
CONSIDERING
that the Maritime Safety Committee has approved MSC/Circ.622/Rev.1 and
MSC/Circ.623/Rev.3 containing recommendations to Governments and guidance to
shipowners and ship operators, shipmasters and crews on preventing and
suppressing acts of piracy and armed robbery against ships and has established
a special signal for use by ships under attack or threat of attack,
NOTING
that the General Assembly of the United Nations, at its sixty-first session, by
resolution A/RES/61/222 on "Oceans and the law of the sea", adopted
on 20 December 2006, inter alia:
.1 encourages
States to co-operate to address threats to maritime safety and security,
including piracy, armed robbery at sea, smuggling and terrorist acts against
shipping, offshore installations and other maritime interests, through
bilateral and multilateral instruments and mechanisms aimed at monitoring,
preventing and responding to such threats;
.2 urges all
States, in co-operation with the Organization, to combat piracy and armed
robbery at sea by adopting measures, including those relating to assistance
with capacity-building through training of seafarers, port staff and
enforcement personnel in the prevention, reporting and investigation of
incidents, bringing the alleged perpetrators to justice, in accordance with
international law, and by adopting national legislation, as well as providing
enforcement vessels and equipment and guarding against fraudulent ship
registration; and
.3 calls upon
States to become parties to the Convention for the Suppression of Unlawful Acts
against the Safety of Maritime Navigation and the Protocol for the Suppression
of Unlawful Acts against the Safety of Fixed Platforms Located on the
Continental Shelf; invites States to consider becoming parties to the 2005
Protocols amending those instruments; and also urges States parties to take
appropriate measures to ensure the effective implementation of those instruments,
through the adoption of legislation, where appropriate,
NOTING
ALSO, with great concern, the increasing number of incidents of piracy and
armed robbery against ships occurring in waters off the coast of Somalia, some
of which have reportedly taken place more than 200 nautical miles from the
nearest land,
MINDFUL
OF the grave danger to life and the serious risks to navigational safety and
the environment to which such incidents may give rise,
BEING
PARTICULARLY CONCERNED that the Monitoring Group3 on Somalia, in its
report4 of 27 June 2007 to the Security Council, confirmed, inter
alia, that piracy and armed robbery against ships in waters off the coast of
Somalia, unlike in other parts of the world, is caused by lack of lawful
administration and the inability of the authorities to take affirmative action
against the perpetrators, which allows the "pirate command centres"
to operate without hindrance at many points along the coast of Somalia,
______________
3 Established by the Security
Council through resolution S/Res/1519(2003); its mandate was renewed and
expanded through resolutions S/Res/1558(2004), S/Res/1587(2005),
S/Res/1630(2005), S/Res/1676(2006), S/Res/1724(2006) and S/Res/1766(2007).
4 See United Nations document
S/2007/436, paragraphs 89 to 91 and 118 and 119; Report of the Monitoring Group
on Somalia pursuant to Security Council resolution S/Res/1724(2006).
BEING
AWARE of the serious safety and security concerns the shipping industry and the
seafaring community continue to have as a result of the attacks against ships
sailing in waters off the coast of Somalia referred to above,
BEING
CONCERNED at the negative impact such attacks continue to have on the prompt
and effective delivery of food aid and of other humanitarian assistance to
Somalia and the serious threat this poses to the health and well-being of the
people of Somalia,
NOTING,
with appreciation, the "Sub-regional seminar and workshop on piracy and
armed robbery against ships" held by IMO in Sana’a, Yemen, from 9 to 13
April 2005, for countries in the Red Sea and Gulf of Aden region; and the
follow-up meeting held in Muscat, Oman, from 14 to 18 January 2006,
BEING
AWARE that the Security Council has, through resolution S/Res/1425(2002),
adopted on 22 July 2002, stipulated that the arms embargo on Somalia prohibits
the direct or indirect supply to Somalia of technical advice, financial and
other assistance, and training related to military activities,
NOTING
that the Security Council, by resolution S/Res/1766(2007) adopted on 23 July 2007,
decided, inter alia, to re-establish the Monitoring Group on Somalia and
directed it to continue to investigate, in coordination with relevant
international agencies, all activities, including in the financial, maritime
and other sectors, which generate revenues used to commit violations of the
embargo on all delivery of weapons and military equipment to Somalia, which the
Security Council had established by resolution S/Res/733(1992),
NOTING
ALSO that the Security Council, being concerned at the continuing incidence of
acts of piracy and armed robbery against ships in waters off the coast of
Somalia:
.1 on 15 March
2006, in response to resolution A.979(24), through a Statement5 by
the President of the Security Council, inter alia, encouraged Member States of
the United Nations whose naval vessels and military aircraft operate in
international waters and airspace adjacent to the coast of Somalia to be
vigilant to any incident of piracy therein and to take appropriate action to
protect merchant shipping, in particular the transportation of humanitarian
aid, against any such act, in line with relevant international law and further
urged co-operation among all States, particularly regional States, and active
prosecution of piracy offences; and
.2 on 20 August
2007, in operative paragraph 18 of resolution S/Res/1772(2007) encouraged
Member States of the United Nations, whose naval vessels and military aircraft
operate in international waters and airspace adjacent to the coast of Somalia,
to be vigilant to any incident of piracy therein and to take appropriate action
to protect merchant shipping, in particular the transportation of humanitarian
aid, against any such act, in line with relevant international law,
_______________
5 See United Nations document
S/PRST/2006/11.
NOTING
WITH APPRECIATION the action taken by the Secretary-General of the United
Nations in response to the request of the Council, at its ninety-eighth
session, in particular, to bring the Organization’s concerns to the attention
of the President of the Security Council with a request to bring them to the
attention of the members of the Security Council,
RECOGNIZING
that the particular character of the present situation in Somalia requires an
exceptional response to safeguard the interests of the maritime community
making use of the sea off the coast of Somalia,
RECOGNIZING
ALSO the strategic importance of the navigational routes along the coast of
Somalia for regional and global seaborne trade and the need to ensure that they
remain safe at all times,
RECOGNIZING
FURTHER, in view of the continuing situation in Somalia giving rise to grave
concern, the need for the immediate establishment of appropriate measures to
protect ships sailing in waters off the coast of Somalia from piracy and armed
robbery attacks,
APPRECIATING
the efforts of those who have responded to calls from, or have rendered
assistance to, ships under attack in waters off the coast of Somalia;
acknowledging the efforts of a number of international organizations in raising
awareness amongst, and providing guidance for, their respective memberships and
in reporting to the Organization in relation to this issue; and noting with
appreciation the work done by the International Maritime Bureau of the
International Chamber of Commerce in providing the industry with warnings in
relation to incidents occurring in waters off the coast of Somalia and
assistance in resolving cases where ships have been hijacked and the seafarers
on board have been held hostage,
RESPECTING
FULLY the sovereignty, sovereign rights, jurisdiction and territorial integrity
of Somalia and the relevant provisions of international law, in particular
UNCLOS,
HAVING
CONSIDERED the actions taken, following the adoption of resolution A.979(24) by
the Council at its ninety-eighth regular and twenty-fourth extraordinary
sessions, and by the Secretary-General, in the light of the prevailing
situation in the waters off the coast of Somalia,
1.
CONDEMNS AND DEPLORES all acts of piracy and armed robbery against ships irrespective
of where such acts have occurred or may occur;
2.
APPEALS to all parties which may be able to assist to take action, within the
provisions of international law, to ensure that:
.1 all acts or
attempted acts of piracy and armed robbery against ships are terminated
forthwith and any plans for committing such acts are abandoned; and
.2 any hijacked
ships, seafarers serving in them and any other persons on board are immediately
and unconditionally released and that no harm is caused to them;
3.
STRONGLY URGES Governments to increase their efforts to prevent and suppress,
within the provisions of international law, acts of piracy and armed robbery
against ships irrespective of where such acts occur and, in particular, to
co-operate with other Governments and international organizations in the
interests of the rule of law, safety of life at sea and environmental
protection, in relation to acts occurring or likely to occur in the waters off
the coast of Somalia;
4.
ALSO STRONGLY URGES Governments to promptly:
.1 issue, to
ships entitled to fly their flag, as necessary, specific advice and guidance on
any appropriate additional precautionary measures ships may need to put in
place when sailing in waters off the coast of Somalia to protect themselves from
attack, which may include, inter alia, areas to be avoided;
.2 issue, to
ships entitled to fly their flag, as necessary, advice and guidance on any
measures or actions they may need to take when they are under attack, or threat
of attack, whilst sailing in waters off the coast of Somalia;
.3 encourage
ships entitled to fly their flag to ensure that information on attempted
attacks or on acts of piracy or armed robbery committed whilst sailing in
waters off the coast of Somalia is promptly conveyed to the nearby coastal
States and to the nearest most appropriate Rescue Coordination Centre;
.4 provide a
point of contact through which ships entitled to fly their flag may request
advice or assistance when sailing in waters off the coast of Somalia and to which
such ships can report any security concerns about other ships, movements or
communications in the area;
.5 bring to the
attention of the Secretary-General information on attempted attacks or on acts
of piracy or armed robbery committed against ships entitled to fly their flag
whilst sailing in waters off the coast of Somalia for him to take appropriate
action in the circumstances;
.6 encourage
ships entitled to fly their flag to implement expeditiously, for the ship’s
protection and for the protection of other ships in the vicinity, any measure
or advice the nearby coastal States or any other State or competent authority
may have provided;
.7 establish, as
necessary, plans and procedures to assist owners, managers and operators of
ships entitled to fly their flag in the speedy resolution of hijacking cases
occurring in the waters off the coast of Somalia;
.8 investigate
all acts or attempted acts of piracy and armed robbery against ships entitled
to fly their flag occurring in the waters off the coast of Somalia and to
report to the Organization any pertinent information;
.9 take all
necessary legislative, judicial and law enforcement action so as to be able,
subject to national law, to receive and prosecute or extradite any pirates or
suspected pirates and armed robbers arrested by warships or military aircraft,
or other ships or aircraft clearly marked and identifiable as being on
government service; and
.10 with respect
to ships entitled to fly their flag employed by the World Food Programme for the
delivery of humanitarian aid to Somalia, where such ships are to be escorted by
warships or military aircraft, or other ships or aircraft clearly marked and
identifiable as being on government service, conclude, taking into account
operative paragraph 6.4, any necessary agreements with the State(s) concerned;
5.
REQUESTS Governments to instruct national rescue coordination centres or other
agencies involved, on receipt of a report of an attack, to promptly initiate
the transmission of relevant advice and warnings through the World-Wide
Navigation Warning Service, the
International
SafetyNet Service or otherwise, to ships sailing in the waters off the coast of
Somalia, so as to warn shipping in the immediate area of the attack;
6.
REQUESTS the Transitional Federal Government of Somalia to:
.1 take any
action it deems necessary in the circumstances to prevent and suppress acts of
piracy and armed robbery against ships originating from within Somalia and thus
deprive them of the possibility of using its coastline as a safe haven from
which to launch their operations;
.2 take
appropriate action to ensure that all ships seized by pirates and armed robbers
and brought into waters within its territory are released promptly and that
ships sailing off the coast of Somalia do not henceforth become victims of acts
of piracy or armed robbery;
.3 advise the
Security Council that, in response to the pressing request of the Council of
the International Maritime Organization, it consents to warships or military
aircraft, or other ships or aircraft clearly marked and identifiable as being
on government service, which are operating in the Indian Ocean, entering its
territorial sea when engaging in operations against pirates or suspected
pirates and armed robbers endangering the safety of life at sea, in particular
the safety of crews on board ships carrying, under the World Food Programme,
humanitarian aid to Somalia or leaving Somali ports