Security Council resolution 1851 (2008) [on fight against piracy and armed robbery at sea off the coast of Somalia]
Symbol: S/RES/1851(2008)
Date: 2008-12-16
Status: adopted
Agenda: S/63 [84] SOMALIA SITUATION
Subjects: UN. Security Council > Resolutions and decisions|Somalia. Transitional Federal Government|UN|UN Office on Drugs and Crime|International Conference on Piracy around Somalia (2008 : Kenya)|IMO|Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988)|UN Convention on the Law of the Sea (1982)|UN Convention against Transnational Organized Crime (2000)|Charter of the United Nations (1945). Chapter VII|PIRACY|ROBBERY|TERRITORIAL SEA|SOMALIA|MARITIME SECURITY|JURISDICTION OVER SHIPS AT SEA|SOMALIA SITUATION|REGIONAL ORGANIZATIONS|MARITIME LAW|CAPTURE AT SEA|ARREST OF SHIPS|TREATIES|LAW ENFORCEMENT OFFICIALS|CRIMINAL INVESTIGATION|PROSECUTION|COOPERATION BETWEEN ORGANIZATIONS|CAPACITY BUILDING|TECHNICAL COOPERATION|INTERNATIONAL HUMANITARIAN LAW|ARMS EMBARGO|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/1851 (2008)
               Security Council                                                Distr.: General
                                                                               16 December 2008




               Resolution 1851 (2008)
               Adopted by the Security Council at its 6046th meeting, on
               16 December 2008

                    The Security Council,
                    Recalling its previous resolutions concerning the situation in Somalia,
               especially resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), and
               1846 (2008),
                     Continuing to be gravely concerned by the dramatic increase in the incidents
               of piracy and armed robbery at sea off the coast of Somalia in the last six months,
               and by the threat that piracy and armed robbery at sea against vessels pose to the
               prompt, safe and effective delivery of humanitarian aid to Somalia, and noting that
               pirate attacks off the coast of Somalia have become more sophisticated and daring
               and have expanded in their geographic scope, notably evidenced by the hijacking of
               the M/V Sirius Star 500 nautical miles off the coast of Kenya and subsequent
               unsuccessful attempts well east of Tanzania,
                    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,
                     Further reaffirming that international law, as reflected in the United Nations
               Convention on the Law of the Sea of 10 December 1982 (UNCLOS), 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 lack of
               capacity of the Transitional Federal Government (TFG) to interdict, or upon
               interdiction to prosecute pirates or to patrol and 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 9 December 2008 from the
               President of Somalia requesting the international community to assist the TFG in
               taking all necessary measures to interdict those who use Somali territory and
               airspace to plan, facilitate or undertake acts of piracy and armed robbery at sea, and
               the 1 September 2008 letter from the President of Somalia to the Secretary-General
               of the UN expressing the appreciation of the TFG to the Security Council for its
               assistance and expressing the TFG’s willingness to consider working with other

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S/RES/1851 (2008)


               States and regional organizations to combat piracy and armed robbery off the coast
               of Somalia,
                     Welcoming the launching of the EU operation Atalanta to combat piracy off the
               coast of Somalia and to protect vulnerable ships bound for Somalia, as well as the
               efforts by the North Atlantic Treaty Organization, and other States acting in a
               national capacity in cooperation with the TFG to suppress piracy off the coast of
               Somalia,
                     Also welcoming the recent initiatives of the Governments of Egypt, Kenya, and
               the Secretary-General’s Special Representative for Somalia, and the United Nations
               Office on Drugs and Crime (UNODC) to achieve effective measures to remedy the
               causes, capabilities, and incidents of piracy and armed robbery off the coast of
               Somalia, and emphasizing the need for current and future counter-piracy operations
               to effectively coordinate their activities,
                     Noting with concern that the lack of capacity, domestic legislation, and clarity
               about how to dispose of pirates after their capture, has hindered more robust
               international action against the pirates off the coast of Somalia and in some cases
               led to pirates being released without facing justice, and reiterating that 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,
                     Welcoming the report of the Monitoring Group on Somalia of 20 November
               2008 (S/2008/769), and noting the role piracy may play in financing embargo
               violations by armed groups,
                     Determining that the incidents of piracy and armed robbery at sea in the waters
               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 waters off the coast of Somalia;
                     2.    Calls upon States, regional and international organizations that have the
               capacity to do so, to take part actively in the fight against piracy and armed robbery
               at sea off the coast of Somalia, in particular, consistent with this resolution,
               resolution 1846 (2008), and international law, by deploying naval vessels and
               military aircraft and through seizure 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;
                    3.    Invites all States and regional organizations fighting piracy off the coast
               of Somalia to conclude special agreements or arrangements with countries willing to
               take custody of pirates in order to embark law enforcement officials (“shipriders”)
               from the latter countries, in particular countries in the region, to facilitate the
               investigation and prosecution of persons detained as a result of operations
               conducted under this resolution for acts of piracy and armed robbery at sea off the
               coast of Somalia, provided that the advance consent of the TFG is obtained for the


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           exercise of third state jurisdiction by shipriders in Somali territorial waters and that
           such agreements or arrangements do not prejudice the effective implementation of
           the SUA Convention;
                 4.    Encourages all States and regional organizations fighting piracy and
           armed robbery at sea off the coast of Somalia to establish an international
           cooperation mechanism to act as a common point of contact between and among
           states, regional and international organizations on all aspects of combating piracy
           and armed robbery at sea off Somalia’s coast; and recalls that future
           recommendations on ways to ensure the long-term security of international
           navigation off the coast of Somalia, including the long-term security of WFP
           maritime deliveries to Somalia and a possible coordination and leadership role for
           the United Nations in this regard to rally Member States and regional organizations
           to counter piracy and armed robbery at sea off the coast of Somalia are to be
           detailed in a report by the Secretary-General no later than three months after the
           adoption of resolution 1846;
                5.    Further encourages all states and regional organizations fighting piracy
           and armed robbery at sea off the coast of Somalia to consider creating a centre in the
           region to coordinate information relevant to piracy and armed robbery at sea off the
           coast of Somalia, to increase regional capacity with assistance of UNODC to
           arrange effective shiprider agreements or arrangements consistent with UNCLOS
           and to implement the SUA Convention, the United Nations Convention against
           Transnational Organized Crime and other relevant instruments to which States in the
           region are party, in order to effectively investigate and prosecute piracy and armed
           robbery at sea offences;
                 6.   In response to the letter from the TFG of 9 December 2008, 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 rooting out piracy and
           armed robbery at sea, and decides that for a period of twelve months from the date
           of adoption of resolution 1846, States and regional organizations cooperating 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 may
           undertake all necessary measures that are appropriate in Somalia, for the purpose of
           suppressing acts of piracy and armed robbery at sea, pursuant to the request of the
           TFG, provided, however, that any measures undertaken pursuant to the authority of
           this paragraph shall be undertaken consistent with applicable international
           humanitarian and human rights law;
                 7.    Calls on Member States to assist the TFG, at its request and with
           notification to the Secretary-General, to strengthen its operational capacity 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;
                8.    Welcomes the communiqué issued by the International Conference on
           Piracy around Somalia held in Nairobi, Kenya, on 11 December 2008 and
           encourages Member States to work to enhance the capacity of relevant states in the
           region to combat piracy, including judicial capacity;




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                     9.    Notes with concern the findings contained in the 20 November 2008
               report of the Monitoring Group on Somalia that escalating ransom payments are
               fuelling the growth of piracy in waters off the coast of Somalia, and that the lack of
               enforcement of the arms embargo established by resolution 733 (1992) has
               permitted ready access to the arms and ammunition used by the pirates and driven in
               part the phenomenal growth in piracy;
                     10. Affirms that the authorization provided 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 UNCLOS, 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 provided
               only following the receipt of the 9 December 2008 letter conveying the consent of
               the TFG;
                     11. Affirms that the measures imposed by paragraph 5 of resolution 733
               (1992) and further elaborated upon by paragraphs 1 and 2 or resolution 1425 (2002)
               shall not apply to weapons and military equipment destined for the sole use of
               Member States and regional organizations undertaking measures in accordance with
               paragraph 6 above;
                    12. Urges States in collaboration with the shipping and insurance industries,
               and the IMO to continue to develop avoidance, evasion, and defensive best practices
               and advisories to take when under attack or when sailing in 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;
                    13.   Decides to remain seized of the matter.




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