Security Council resolution 1838 (2008) [on acts of piracy and armed robbery against vessels in territorial waters and the high seas off the coast of Somalia]
Symbol: S/RES/1838(2008)
Date: 2008-10-07
Status: adopted
Agenda: S/63 [84] SOMALIA SITUATION
Subjects: Somalia. Transitional Federal Government|World Food Programme|IMO|Charter of the United Nations (1945). Chapter VII|PIRACY|ROBBERY|TERRITORIAL SEA|SOMALIA|MARITIME SECURITY|MARITIME TRAFFIC|SOMALIA SITUATION|CAPACITY BUILDING|REGIONAL ORGANIZATIONS|INTER-AGENCY COOPERATION|HUMANITARIAN ASSISTANCE|INTERNATIONAL OBLIGATIONS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BELGIUM
vote: yes
country: BURKINA FASO
vote: yes
country: CHINA
vote: yes
country: COSTA RICA
vote: yes
country: CROATIA
vote: yes
country: FRANCE
vote: yes
country: INDONESIA
vote: yes
country: ITALY
vote: yes
country: LIBYAN ARAB JAMAHIRIYA
vote: yes
country: PANAMA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VIET NAM
vote: yes

               United Nations                                                                     S/RES/1838 (2008)
               Security Council                                                 Distr.: General
                                                                                7 October 2008




               Resolution 1838 (2008)
               Adopted by the Security Council at its 5987th meeting, on
               7 October 2008

                    The Security Council,
                    Recalling its resolutions 1814 (2008) and 1816 (2008),
                     Gravely concerned by the recent proliferation of acts of piracy and armed
               robbery at sea against vessels off the coast of Somalia, and by the serious threat it
               poses to the prompt, safe and effective delivery of humanitarian aid to Somalia, to
               international navigation and the safety of commercial maritime routes, and to
               fishing activities conducted in conformity with international law,
                     Noting with concern also that increasingly violent acts of piracy are carried out
               with heavier weaponry, in a larger area off the coast of Somalia, using long-range
               assets such as mother ships, and demonstrating more sophisticated organization and
               methods of attack,
                     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,
                     Commending the contribution made by some States since November 2007 to
               protect the World Food Programme (“WFP”) maritime convoys, and, the
               establishment by the European Union of a coordination unit with the task of
               supporting the surveillance and protection activities carried out by some member
               States of the European Union off the coast of Somalia, and the ongoing planning
               process towards a possible European Union naval operation, as well as other
               international or national initiatives taken with a view to implementing resolutions
               1814 (2008) and 1816 (2008),
                     Noting recent humanitarian reports that as many as three-and-a-half million
               Somalis will be dependent on humanitarian food aid by the end of the year, and that
               maritime contractors for the WFP will not deliver food aid to Somalia without naval
               warship escorts, expressing its determination to ensure long-term security of WFP
               deliveries to Somalia and recalling that it requested the Secretary-General in
               resolution 1814 (2008) to provide his support for efforts to protect WFP maritime
               convoys,



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                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia,
                     Taking note of the letter dated 1 September 2008 of the President of Somalia to
               the Secretary-General of the United Nations expressing the appreciation of the
               Transitional Federal Government (“TFG”) to the Security Council for its assistance
               and expressing the TFG’s willingness to consider working with other States, as well
               as regional organizations, to provide advance notifications additional to those
               already provided, in accordance with paragraph 7 of resolution 1816 (2008), to
               combat piracy and armed robbery at sea off the coast of Somalia,
                    Recalling that in the statement of its President dated 4 September 2008
               (S/PRST/2008/33) it welcomed the signing of a peace and reconciliation agreement
               in Djibouti and commended the Special Representative of the Secretary-General for
               Somalia, Mr. Ahmedou Ould-Abdallah, for his ongoing efforts, and emphasizing the
               importance of promoting a comprehensive and lasting settlement in Somalia,
                     Recalling also that in the statement of its President dated 4 September
               (S/PRST/2008/33) it took note of the parties’ request in the Djibouti Agreement that
               the United Nations, within a period of 120 days, authorize and deploy an
               international stabilization force and looking forward to the Secretary-General’s
               report due 60 days from its passage, in particular a detailed and consolidated
               description of a feasible multinational force, as well as a detailed concept of
               operations for a feasible United Nations peacekeeping operation,
                    Emphasizing that peace and stability, 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 full eradication of piracy and armed
               robbery at sea off the coast of Somalia,
                     Determining that the incidents of piracy and armed robbery against vessels in
               the territorial waters of Somalia and the high seas off the coast of Somalia
               exacerbate the situation in Somalia which continues to constitute a threat against
               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 at sea against vessels off the coast of Somalia;
                     2.    Calls upon States interested in the security of maritime activities to take
               part actively in the fight against piracy on the high seas off the coast of Somalia, in
               particular by deploying naval vessels and military aircraft, in accordance with
               international law, as reflected in the Convention;
                     3.    Calls upon States whose naval vessels and military aircraft operate on the
               high seas and airspace off the coast of Somalia to use on the high seas and airspace
               off the coast of Somalia the necessary means, in conformity with international law,
               as reflected in the Convention, for the repression of acts of piracy;
                     4.    Urges States that have the capacity to do so to cooperate with the TFG in
               the fight against piracy and armed robbery at sea in conformity with the provisions
               of resolution 1816 (2008);
                    5.    Urges also States and regional organizations, in conformity with the
               provisions of resolution 1814 (2008), to continue to take action to protect the World


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           Food Programme maritime convoys, which is vital to bring humanitarian assistance
           to the affected populations in Somalia;
                 6.   Urges States, as requested in particular by International Maritime
           Organization resolution (“IMO”) A-1002(25), to issue to ships entitled to fly their
           flag, as necessary, advice and guidance on appropriate precautionary measures to
           protect themselves from attack or actions to take if under attack or the threat of
           attack when sailing in waters off the coast of Somalia;
                7.    Calls upon States and regional organizations to coordinate their actions
           pursuant to paragraphs 3, 4 and 5 above;
                 8.   Affirms that the provisions 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 situation, and underscores in
           particular that this resolution shall not be considered as establishing customary
           international law;
                 9.   Looks forward to the report of the Secretary-General requested in
           paragraph 13 of resolution 1816 (2008) and expresses its intention to review the
           situation with respect to piracy and armed robbery at sea against vessels off the
           coast of Somalia with a view, in particular, upon the request of the TFG, to renewing
           the authority provided in paragraph 7 of resolution 1816 (2008) for an additional
           period;
                10.   Decides to remain seized of the matter.




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