Security Council resolution 1918 (2010) [on acts of piracy and armed robbery against vessels in the waters off the coast of Somalia]
Symbol: S/RES/1918(2010)
Date: 2010-04-27
Status: adopted
Agenda: S/65 [84] SOMALIA SITUATION
Subjects: UN. Contact Group on Piracy off the Coast of Somalia (2009 : New York)|IMO Djibouti Code of Conduct (2009)|TERRITORIAL SEA|PIRACY|SOMALIA|MARITIME SECURITY|HIJACKING OF SHIPS|ROBBERY|SOMALIA SITUATION|CODES OF CONDUCT|JURISDICTION OVER SHIPS AT SEA|CRIMINAL LAW|MARITIME TRAFFIC|PROSECUTION|CRIMINAL INVESTIGATION
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/1918 (2010)
               Security Council                                                 Distr.: General
                                                                                27 April 2010




               Resolution 1918 (2010)
               Adopted by the Security Council at its 6301st meeting, on
               27 April 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) and 1897 (2009),
                    Continuing to be gravely concerned by the threat that piracy and armed
               robbery at sea against vessels pose to the situation in Somalia and other States in the
               region, as well as to international navigation and the safety of commercial maritime
               routes,
                     Reaffirming that international law, as reflected in the United Nations
               Convention on the Law of the Sea of 10 December 1982 (“the Convention”), in
               particular its articles 100, 101 and 105, sets out the legal framework applicable to
               combating piracy and armed robbery at sea, as well as other ocean activities,
                     Reaffirming also that the authorizations renewed in resolution 1897 (2009)
               apply only with respect to the situation in Somalia and shall not affect the rights,
               obligations or responsibilities of Member States under international law, including
               any rights or obligations under the Convention, with respect to any other situation,
               and underscoring in particular that resolution 1897 shall not be considered as
               establishing customary international law,
                     Stressing the need to address the problems caused by the limited capacity of
               the judicial system of Somalia and other States in the region to effectively prosecute
               suspected pirates,
                     Noting with appreciation the assistance being provided by the United Nations
               Office on Drugs and Crime (UNODC) and other international organizations and
               donors, in coordination with the Contact Group on Piracy off the Coast of Somalia
               (“CGPCS”), to enhance the capacity of the judicial and the corrections systems in
               Somalia, Kenya, Seychelles and other States in the region to prosecute suspected,
               and imprison convicted, pirates consistent with applicable international human
               rights law,
                   Commending the role of the EU operation Atalanta, North Atlantic Treaty
               Organization operations Allied Protector and Ocean Shield, Combined Maritime


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               Forces’ Combined Task Force 151, and other States acting in a national capacity in
               cooperation with the Transitional Federal Government (the TFG) and each other, in
               suppressing piracy and armed robbery at sea off the coast of Somalia, including by
               bringing persons suspected of piracy to justice,
                    Commending the efforts of the Republic of Kenya to date to prosecute
               suspected pirates in its national courts and imprison convicted persons, and
               encouraging Kenya to continue these efforts, while acknowledging the difficulties
               Kenya encounters in this regard,
                     Also commending the efforts to date of other States to prosecute suspected
               pirates in their national courts,
                    Acknowledging the decision of the Seychelles to engage in the prosecution of
               suspected pirates, and welcoming in particular their decision on 6 February 2010 to
               consider hosting a regional prosecution centre,
                     Commending the decision by the CGPCS to create the International Trust Fund
               supporting initiatives of the Contact Group on Piracy off the Coast of Somalia
               administered by the UNODC to defray the expenses associated with prosecution of
               suspected pirates and to support other counter-piracy initiatives, welcoming the
               contributions of participating States and encouraging other potential donors to
               contribute to the fund,
                    Welcoming the adoption of the CGPCS regional capability needs assessment
               report and urging States and international organizations to provide fullest possible
               support to enable early implementation of its recommendations,
                     Commending those States that have amended their domestic law in order to
               criminalize piracy and facilitate the prosecution of suspected pirates in their national
               courts, consistent with applicable international law, including human rights law, and
               stressing the need for States to continue their efforts in this regard,
                     Noting with concern at the same time that the domestic law of a number of
               States lacks provisions criminalizing piracy and/or procedural provisions for
               effective criminal prosecution of suspected pirates,
                    Acknowledging the ongoing efforts within the CGPCS to explore possible
               mechanisms to more effectively prosecute persons suspected of piracy and armed
               robbery at sea off the coast of Somalia,
                     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,
                     Being concerned over cases when persons suspected of piracy are released
               without facing justice and determined to create conditions to ensure that pirates are
               held accountable,
                     1.    Affirms 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;


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                2.    Calls on all States, including States in the region, to criminalize piracy
           under their domestic law and favourably consider the prosecution of suspected, and
           imprisonment of convicted, pirates apprehended off the coast of Somalia, consistent
           with applicable international human rights law;
                3.   Welcomes in this context the progress being made to implement the IMO
           Djibouti Code of Conduct, and calls upon its participants to implement it fully as
           soon as possible;
                 4.   Requests the Secretary-General to present to the Security Council within
           3 months a report on possible options to further the aim of prosecuting and
           imprisoning persons responsible for acts of piracy and armed robbery at sea off the
           coast of Somalia, including, in particular, options for creating special domestic
           chambers possibly with international components, a regional tribunal or an
           international tribunal and corresponding imprisonment arrangements, taking into
           account the work of the CGPCS, the existing practice in establishing international
           and mixed tribunals, and the time and the resources necessary to achieve and sustain
           substantive results;
                5.    Decides to remain seized of the matter.




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