Security Council resolution 1950 (2010) [on acts of piracy and armed robbery against vessels in the waters off the coast of Somalia]
Symbol: S/RES/1950(2010)
Date: 2010-11-23
Status: adopted
Agenda: S/65 [84] SOMALIA SITUATION
Subjects: UN. Contact Group on Piracy off the Coast of Somalia|UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) and 1907 (2009)|Somalia. Transitional Federal Government|Trust Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia|UN Office on Drugs and Crime|IMO|IMO Djibouti Code of Conduct (2009)|Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988)|Charter of the United Nations (1945). Chapter VII|TERRITORIAL SEA|SOMALIA|HIJACKING OF SHIPS|PIRACY|ROBBERY|CRIME PREVENTION|SOMALIA SITUATION|ARMS EMBARGO|TECHNICAL COOPERATION|JUDICIAL ASSISTANCE|COOPERATION BETWEEN ORGANIZATIONS|FINANCING|JURISDICTION|INTERNATIONAL LAW|PROSECUTION|CRIMINAL INVESTIGATION|RECOMMENDATIONS|MARITIME TRANSPORT|SHIPPING INSURANCE
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AUSTRIA
vote: yes
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: JAPAN
vote: yes
country: LEBANON
vote: yes
country: MEXICO
vote: yes
country: NIGERIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: TURKEY
vote: yes
country: UGANDA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                  S/RES/1950 (2010)
               Security Council                                                Distr.: General
                                                                               23 November 2010




               Resolution 1950 (2010)
               Adopted by the Security Council at its 6429th meeting, on
               23 November 2010

                    The Security Council,
                    Recalling its previous resolutions concerning the situation in Somalia,
               especially 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) of 25 August 2010,
                     Continuing to be gravely concerned by the ongoing threat that piracy and
               armed robbery at sea against vessels pose to the prompt, safe, and effective delivery
               of humanitarian aid to Somalia and the region, to the safety of seafarers and other
               persons, to international navigation and the safety of commercial maritime routes,
               and to other vulnerable ships, including fishing activities in conformity with
               international law, and also gravely concerned by the extended range of the piracy
               threat into the western Indian Ocean and the increase in pirate capacities,
                     Expressing concern about the reported involvement of children in piracy off
               the coast of Somalia,
                     Recognizing that the ongoing instability in Somalia contributes to the problem
               of piracy and armed robbery at sea off the coast of Somalia, and stressing the need
               for a comprehensive response to tackle piracy and its underlying causes by the
               international community,
                     Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia, including Somalia’s rights with respect to
               offshore natural resources, including fisheries, in accordance with international law,
               and stressing the importance of preventing, in accordance with international law,
               illegal fishing and illegal dumping, including toxic substances,
                     Further reaffirming that international law, as reflected in the United Nations
               Convention on the Law of the Sea of 10 December 1982 (“The Convention”), sets
               out the legal framework applicable to combating piracy and armed robbery at sea, as
               well as other ocean activities,
                    Again taking into account the crisis situation in Somalia, and the limited
               capacity of the Transitional Federal Government (TFG) to interdict, or upon



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               interdiction to prosecute pirates or to patrol or secure the waters off the coast of
               Somalia, including the international sea lanes and Somalia’s territorial waters,
                     Noting the several requests from the TFG for international assistance to
               counter piracy off its coast, including the letter of 20 October 2010 from the
               Permanent Representative of Somalia to the United Nations expressing the
               appreciation of the TFG to the Security Council for its assistance, expressing the
               TFG’s willingness to consider working with other States and regional organizations
               to combat piracy and armed robbery at sea off the coast of Somalia, and requesting
               that the provisions of resolution 1897 (2009) be renewed for an additional twelve
               months,
                     Commending the efforts of the EU operation Atalanta, North Atlantic Treaty
               Organization operations Allied Protector and Ocean Shield, Combined Maritime
               Forces’ Combined Task Force 151, and other States acting in a national capacity in
               cooperation with the TFG and each other, to suppress piracy and to protect
               vulnerable ships transiting through the waters off the coast of Somalia, and
               welcoming the efforts of individual countries, including China, India, Islamic
               Republic of Iran, Japan, Malaysia, Republic of Korea, Russian Federation, Saudi
               Arabia, and Yemen, which have deployed ships and/or aircraft in the region, as
               stated in the Secretary-General’s report (S/2010/394),
                     Welcoming the capacity building efforts made by the International Maritime
               Organization (IMO) Djibouti Code Trust Fund (Multi-donor trust fund — Japan
               initiated), and the Trust Fund Supporting Initiatives of States Countering Piracy off
               the Coast of Somalia, and recognizing the need for all engaged international and
               regional organizations to cooperate fully,
                     Noting with concern that the continuing limited capacity and domestic
               legislation to facilitate the custody and prosecution of suspected pirates after their
               capture has hindered more robust international action against the pirates off the
               coast of Somalia, and in some cases has led to pirates being released without facing
               justice, regardless of whether there is sufficient evidence to support prosecution, and
               reiterating that, consistent with the provisions of the Convention concerning the
               repression of piracy, the 1988 Convention for the Suppression of Unlawful Acts
               Against the Safety of Maritime Navigation (“SUA Convention”) provides for parties
               to create criminal offences, establish jurisdiction, and accept delivery of persons
               responsible for or suspected of seizing or exercising control over a ship by force or
               threat thereof or any other form of intimidation,
                     Underlining the importance of continuing to enhance the collection,
               preservation and transmission to competent authorities of evidence of acts of piracy
               and armed robbery at sea off the coast of Somalia, and welcoming the ongoing work
               of IMO, INTERPOL and industry groups to develop guidance to seafarers on
               preservation of crime scenes following acts of piracy, and noting the importance for
               the successful prosecution of acts of piracy of enabling seafarers to give evidence in
               criminal proceedings,
                    Commending the Republic of Kenya and the Republic of Seychelles’ efforts to
               prosecute suspected pirates in their national courts, welcoming the engagement of
               the Republic of Mauritius, and noting with appreciation the assistance being
               provided by the United Nations Office of Drugs and Crime (UNODC), the Trust
               Fund Supporting Initiatives of States Countering Piracy off the Coast of Somalia,



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           and other international organizations and donors, in coordination with the Contact
           Group on Piracy off the Coast of Somalia (“CGPCS”), to support Kenya,
           Seychelles, Somalia, and other States in the region, including Yemen, to take steps
           to prosecute, or incarcerate in a third state after prosecution elsewhere, captured
           pirates consistent with applicable international human rights law, and emphasizing
           the need for States and international organizations to further enhance international
           efforts in this regard,
                 Welcoming the readiness of the national and regional administrations of
           Somalia to cooperate with each other and with States who have prosecuted
           suspected pirates with a view to enabling convicted pirates to be repatriated back to
           Somalia under suitable prisoner transfer arrangements, consistent with applicable
           international law including international human rights law,
                 Welcoming the report of the Secretary General (S/2010/394), as requested by
           resolution 1918 (2010), and the ongoing efforts within the CGPCS and the United
           Nations Secretariat to explore possible additional mechanisms to effectively
           prosecute persons suspected of piracy and armed robbery at sea off the coast of
           Somalia,
                 Stressing the need for States to consider possible methods to assist the
           seafarers who are victims of pirates, and welcoming in this regard the ongoing work
           within the CGPCS and the International Maritime Organization on developing
           guidelines for the care of seafarers and other persons who have been subjected to
           acts of piracy,
                 Further noting with appreciation the ongoing efforts by UNODC and UNDP to
           support efforts to enhance the capacity of the corrections system in Somalia,
           including regional authorities notably with the support of the Trust Fund Supporting
           Initiatives of States Countering Piracy off the Coast of Somalia, to incarcerate
           convicted pirates consistent with applicable international human rights law,
                 Bearing in mind the Djibouti Code of Conduct concerning the Repression of
           Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf
           of Aden, and recognizing the efforts of signatory States to develop the appropriate
           regulatory and legislative frameworks to combat piracy, enhance their capacity to
           patrol the waters of the region, interdict suspect vessels, and prosecute suspected
           pirates,
                 Emphasizing that peace and stability within 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 a durable eradication of piracy
           and armed robbery at sea off the coast of Somalia, and further emphasizing that
           Somalia’s long-term security rests with the effective development by the TFG of the
           National Security Force and Somali Police Force, in the framework of the Djibouti
           Agreement and in line with a national security strategy,
                 Determining that the incidents of piracy and armed robbery at sea off the coast
           of Somalia exacerbate the situation in Somalia, which continues to constitute a
           threat to international peace and security in the region,
                Acting under Chapter VII of the Charter of the United Nations,
                1.   Reiterates that it condemns and deplores all acts of piracy and armed
           robbery against vessels in the waters off the coast of Somalia;


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                     2.   Recognizes that the ongoing instability in Somalia is one of the
               underlying causes of the problem of piracy and contributes to the problem of piracy
               and armed robbery at sea off the coast of Somalia, and stresses the need for a
               comprehensive response to tackle piracy and its underlying causes by the
               international community;
                    3.    Notes again its concern regarding the findings contained in the
               20 November 2008 report of the Monitoring Group on Somalia (S/2008/769, page
               55) that escalating ransom payments and the lack of enforcement of the arms
               embargo established by resolution 733 (1992) are fuelling the growth of piracy off
               the coast of Somalia, and calls upon all States to fully cooperate with the Somalia
               and Eritrea Monitoring Group including on information sharing regarding possible
               arms embargo violations;
                     4.   Renews its call upon States and regional organizations that have the
               capacity to do so, to take part in the fight against piracy and armed robbery at sea
               off the coast of Somalia, in particular, consistent with this resolution and
               international law, by deploying naval vessels, arms and military aircraft and through
               seizures and disposition of boats, vessels, arms and other related equipment used in
               the commission of piracy and armed robbery at sea off the coast of Somalia, or for
               which there are reasonable grounds for suspecting such use;
                     5.   Commends the work of the CGPCS to facilitate coordination in order to
               deter acts of piracy and armed robbery at sea off the coast of Somalia, in
               cooperation with the IMO, flag States, and the TFG and urges States and
               international organizations to continue to support these efforts;
                    6.     Acknowledges Somalia’s rights with respect to offshore natural resources,
               including fisheries, in accordance with international law, recalls the importance of
               preventing, in accordance with international law, illegal fishing and illegal dumping,
               including toxic substances, and calls upon States and interested organizations,
               including the IMO, to provide technical assistance to Somalia, including regional
               authorities, and nearby coastal States upon their request to enhance their capacity to
               ensure coastal and maritime security, including combating piracy and armed robbery
               at sea off the Somali and nearby coastlines, and stresses the importance of
               coordination in this regard through the CGPCS;
                     7.    Encourages Member States to continue to cooperate with the TFG in the
               fight against piracy and armed robbery at sea, notes the primary role of the TFG in
               the fight against piracy and armed robbery at sea, and decides that for a further
               period of twelve months from the date of this resolution to renew the authorizations
               as set out in paragraph 10 of resolution 1846 (2008) and paragraph 6 of resolution
               1851 (2008), as renewed by resolution 1897 (2009), granted to States and regional
               organizations cooperating with the TFG in the fight against piracy and armed
               robbery at sea off the coast of Somalia, for which advance notification has been
               provided by the TFG to the Secretary-General;
                    8.    Affirms that the authorizations renewed in this resolution apply only with
               respect to the situation in Somalia and shall not affect the rights or obligations or
               responsibilities of Member States under international law, including any rights or
               obligations, under the Convention, with respect to any other situation, and
               underscores in particular that this resolution shall not be considered as establishing
               customary international law; and affirms further that such authorizations have been



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           renewed only following the receipt of the 20 October 2010 letter conveying the
           consent of the TFG;
                 9.   Further affirms that the measures imposed by paragraph 5 of resolution
           733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425
           (2002) do not apply to weapons and military equipment destined for the sole use of
           Member States and regional organizations undertaking measures in accordance with
           paragraph 7 above or to supplies of technical assistance to Somalia solely for the
           purposes set out in paragraph 6 above which have been exempted from those
           measures in accordance with the procedure set out in paragraphs 11 (b) and 12 of
           resolution 1772 (2007);
                 10. Requests that cooperating States take appropriate steps to ensure that the
           activities they undertake pursuant to the authorizations in paragraph 7 do not have
           the practical effect of denying or impairing the right of innocent passage to the ships
           of any third State;
                 11. Calls on Member States to assist Somalia, at the request of the TFG and
           with notification to the Secretary-General, to strengthen capacity in Somalia,
           including regional authorities, to bring to justice those who are using Somali
           territory to plan, facilitate, or undertake criminal acts of piracy and armed robbery at
           sea, and stresses that any measures undertaken pursuant to this paragraph shall be
           consistent with applicable international human rights law;
                 12. Calls upon all States, and in particular flag, port, and coastal States,
           States of the nationality of victims, and perpetrators of piracy and armed robbery,
           and other States with relevant jurisdiction under international law and national
           legislation, to cooperate in determining jurisdiction, and in the investigation and
           prosecution of all persons responsible for acts of piracy and armed robbery off the
           coast of Somalia, including anyone who incites or facilitates an act of piracy,
           consistent with applicable international law including international human rights
           law to ensure that all pirates handed over to judicial authorities are subject to a
           judicial process, and to render assistance by, among other actions, providing
           disposition and logistics assistance with respect to persons under their jurisdiction
           and control, such as victims and witnesses and persons detained as a result of
           operations conducted under this resolution;
                 13. Calls upon all States to criminalize piracy under their domestic law and
           to favourably consider the prosecution of suspected, and imprisonment of convicted,
           pirates apprehended off the coast of Somalia, consistent with applicable
           international law including international human rights law;
                 14. Reaffirms its interest in the continued consideration of all seven options
           for prosecuting suspected pirates described in the Secretary-General’s report
           (S/2010/394) which provide for different levels of international participation, taking
           into account further new information and observations from the Secretary-General
           based on the consultations being conducted by his Special Adviser on Legal Issues
           Related to Piracy off the Coast of Somalia, with a view to taking further steps to
           ensure that pirates are held accountable, emphasizing the need for strengthened
           cooperation of States, regional, and international organizations in achieving this
           goal, and encourages the CGPCS to continue its discussions in this regard;




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                    15. Urges all States to take appropriate actions under their existing domestic
               law to prevent the illicit financing of acts of piracy and the laundering of its
               proceeds;
                    16. Urges States, in cooperation with INTERPOL and Europol, to further
               investigate international criminal networks involved in piracy off the coast of
               Somalia, including those responsible for illicit financing and facilitation;
                     17. Stresses in this context the need to support the investigation and
               prosecution of those who illicitly finance, plan, organize, or unlawfully profit from
               pirate attacks off the coast of Somalia;
                     18. Commends the establishment of the Trust Fund Supporting the Initiatives
               of States Countering Piracy off the Coast of Somalia and the International Maritime
               Organization (IMO) Djibouti Code Trust Fund (Multi-donor trust fund — Japan
               initiated) and urges both state and non-state actors affected by piracy, most notably
               the international shipping community, to contribute to them;
                     19. Urges States parties to the Convention and the SUA Convention to fully
               implement their relevant obligations under these Conventions and customary
               international law and cooperate with the UNODC, IMO, and other States and other
               international organizations to build judicial capacity for the successful prosecution
               of persons suspected of piracy and armed robbery at sea off the coast of Somalia;
                    20. Welcomes the revisions by the IMO to its recommendations and guidance
               on preventing and suppressing piracy and armed robbery against ships, underlines
               the importance of implementing such recommendations and guidance by all
               stakeholders, including the shipping industry, and urges States, in collaboration with
               the shipping and insurance industries, and the IMO, to continue to develop and
               implement avoidance, evasion, and defensive best practices and advisories to take
               when under attack or when sailing in the waters off the coast of Somalia, and further
               urges States to make their citizens and vessels available for forensic investigation as
               appropriate at the first port of call immediately following an act or attempted act of
               piracy or armed robbery at sea or release from captivity;
                     21. Requests States and regional organizations cooperating with the TFG to
               inform the Security Council and the Secretary-General in 9 months of the progress
               of actions undertaken in the exercise of the authorizations provided in paragraph 7
               above and further requests all States contributing through the CGPCS to the fight
               against piracy off the coast of Somalia, including Somalia and other States in the
               region, to report by the same deadline on their efforts to establish jurisdiction and
               cooperation in the investigation and prosecution of piracy;
                    22. Requests the Secretary-General to report to the Security Council within
               11 months of the adoption of this resolution on the implementation of this resolution
               and on the situation with respect to piracy and armed robbery at sea off the coast of
               Somalia;
                     23. Expresses its intention to review the situation and consider, as
               appropriate, renewing the authorizations provided in paragraph 7 above for
               additional periods upon the request of the TFG;
                    24.   Decides to remain seized of the matter.




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