Security Council resolution 2015 (2011) [on acts of piracy and armed robbery at sea off the coast of Somalia]
Symbol: S/RES/2015(2011)
Date: 2011-10-24
Status: adopted
Agenda: S/66 [84] SOMALIA SITUATION
Subjects: UN. Special Adviser to the Secretary-General on Legal Issues Related to Piracy off the Coast of Somalia|Somalia. Transitional Federal Government|UNDP|UN Office on Drugs and Crime|MARITIME SECURITY|PIRACY|TERRITORIAL SEA|SOMALIA|CRIMINAL COURTS|CRIMINAL JURISDICTION|PROSECUTION|JUDICIAL SYSTEM|CORRECTIONAL SYSTEMS|MARITIME SAFETY|ROBBERY
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GERMANY
vote: yes
country: INDIA
vote: yes
country: LEBANON
vote: yes
country: NIGERIA
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                   S/RES/2015 (2011)
               Security Council                                                 Distr.: General
                                                                                24 October 2011




               Resolution 2015 (2011)
               Adopted by the Security Council at its 6635th meeting, on
               24 October 2011

                    The Security Council,
                    Recalling its previous resolutions concerning the situation in Somalia,
               especially resolutions 1918 (2010) and 1976 (2011),
                     Continuing to be gravely concerned by the growing threat that piracy and
               armed robbery at sea against vessels off the coast of Somalia pose to the situation in
               Somalia, States in the region and other States, as well as to international navigation,
               the safety of commercial maritime routes and the safety of seafarers and other
               persons, and also gravely concerned by the increased level of violence employed by
               pirates and persons involved in armed robbery at sea off the coast of Somalia,
                    Emphasizing the importance of finding a comprehensive solution to the
               problem of piracy and armed robbery at sea off the coast of Somalia,
                     Stressing the need to build Somalia’s potential for sustainable economic
               growth as a means to tackle the underlying causes of piracy, including poverty, thus
               contributing to a durable eradication of piracy and armed robbery at sea off the coast
               of Somalia and illegal activities connected therewith,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia,
                      Reaffirming that international law, as reflected in the United Nations
               Convention on the Law of the Sea of 10 December 1982 (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,
                    Further reaffirming that the provisions of this resolution apply only with
               respect to the situation in Somalia and do not affect the rights and obligations or
               responsibilities of Member States under international 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 commitment of signatory States to review their
               national legislation with a view to ensuring that national laws to criminalize piracy
               and armed robbery against ships, and adequate guidelines for the exercise of


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               jurisdiction, conduct of investigations, and prosecutions of alleged offenders, are in
               place,
                     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,
                   Reaffirming the importance of national prosecution of suspected pirates for
               combating piracy off the coast of Somalia,
                     Strongly condemning the continuing practice of hostage-taking by suspected
               pirates operating off the coast of Somalia, expressing serious concern at the
               inhuman conditions hostage face in captivity, recognizing the adverse impact on
               their families, calling for the immediate release of all hostages, and noting the
               importance of cooperation between Member States on the issue of hostage-taking
               and the need for the prosecution of suspected pirates for taking hostages,
                     Recognizing that despite the efforts to date by States to prosecute suspected
               pirates at the national level, the ongoing work in this regard is still insufficient and
               that more must be done to ensure that suspected pirates are effectively brought to
               justice,
                    Reiterating its concern over a large number of persons suspected of piracy
               having to be released without facing justice, reaffirming 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 and being
               determined to create conditions to ensure that pirates are held accountable,
                     Noting with interest the conclusion in the Secretary-General’s report on the
               modalities for the establishment of specialized Somali anti-piracy courts
               (S/2011/360) that, assuming that sufficient international assistance is provided,
               piracy trials being conducted by courts in Somaliland and Puntland are expected to
               reach international standards in about three years, and expressing its hope consistent
               with the mentioned Secretary-General’s report that this timeline will be accelerated
               if suitable experts, including those from the Somali diaspora, can be identified and
               recruited,
                    Welcoming the consultations between the United Nations and regional States,
               including the Seychelles, Mauritius, and Tanzania, and the willingness expressed by
               Tanzania to assist the international community, under the right conditions, to
               prosecute suspected pirates in its territory,
                     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,
                     1.   Reaffirms that the ultimate goal of enhancing Somali responsibility and
               active involvement in efforts to prosecute suspected pirates, as emphasized by the
               Secretary-General’s Special Adviser on Legal Issues Related to Piracy off the Coast




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           of Somalia in his report transmitted to the Security Council on 19 January 2011
           (S/2011/30), remains highly relevant in the overall context of fighting piracy;
                 2.   Recognizes the primary role of the Transitional Federal Government
           (TFG) and the relevant Somali regional authorities in eradicating piracy off the
           coast of Somalia;
                 3.    Welcomes in this regard that the Somalia end of transition road map of
           6 September 2011 includes developing counter-piracy policy and legislation in
           conjunction with regional entities as a key task of the Transitional Federal
           Institutions (TFI), and notes that the Security Council has made its future support to
           the TFI contingent upon the completion of the tasks contained in the road map;
                4.   Notes with appreciation the report of the Secretary-General on the
           modalities for the establishment of specialized Somali anti-piracy courts
           (S/2011/360) prepared pursuant to paragraph 26 of resolution 1976 (2011);
                 5.    Reiterates its call upon all States, and in particular flag, port, and coastal
           States, States of the nationality of victims as well as of 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 human rights law;
                6.    Calls upon States to cooperate also, as appropriate, on the prosecution of
           suspected pirates for taking hostages;
                 7.    Reiterates its request, as a matter of urgency, to the TFG and relevant
           Somali regional authorities to elaborate, with the assistance of UNODC and UNDP,
           and adopt a complete set of counter-piracy laws, including laws to prosecute those
           who illicitly finance, plan, organize, facilitate or profit from pirate attacks, with a
           view to ensuring the effective prosecution of suspected pirates and those associated
           with piracy attacks in Somalia, the post-conviction transfer of pirates prosecuted
           elsewhere to Somalia, and the imprisonment of convicted pirates in Somalia, as
           soon as possible, and strongly urges the TFG and regional authorities of Somalia to
           expeditiously address any other existing obstacles that impede progress in this
           regard, and requests the TFG and relevant regional authorities of Somalia to provide
           a report to the Security Council by 31 December 2011 on action taken in each of the
           areas above;
                 8.    Calls upon UNODC, UNDP and other international partners to further
           their efforts to support the development of domestic legislation, agreements and
           mechanisms that would allow the effective prosecution of suspected pirates, and the
           transfer and imprisonment of convicted pirates;
                 9.   Strongly urges States that have not already done so to criminalize piracy
           under their domestic law, and reiterates its call on States 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;
                 10. Urges States and international organizations to share evidence and
           information for anti-piracy law enforcement purposes with a view to ensuring
           effective prosecution of suspected, and imprisonment of convicted, pirates;


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                     11. Calls upon all Member States to report, no later than 31 December 2011,
               to the Secretary-General on measures they have taken to criminalize piracy under
               their domestic law and to prosecute and support the prosecution of individuals
               suspected of piracy off the coast of Somalia and imprisonment of convicted pirates,
               and requests the Secretary-General to compile this information and to circulate this
               compilation as a document of the Security Council;
                    12. Commends the ongoing work of UNODC and UNDP, as described in the
               Secretary-General’s report, in supporting counter-piracy trials and increased prison
               capacity in Somalia, consistent with the recommendation of the Secretary-General’s
               Special Adviser on Legal Issues Related to Piracy of the Coast of Somalia;
                    13. Reaffirms that the efforts to promote effective judicial mechanisms to
               prosecute suspected pirates should be continued and intensified;
                     14. Welcomes the undertaking of the Secretary-General, in connection with
               his report (S/2011/360) to further proactively assist, at the request of the Security
               Council, in the taking of appropriate next steps aimed at further enhancing counterpiracy prosecution efforts;
                     15. Requests States and regional organizations to consider possible ways to
               seek and allow for the effective contribution of the Somali diaspora to anti-piracy
               efforts, in particular in the area of prosecution, as advised in the Secretary-General’s
               report (S/2011/360);
                     16. Decides to continue its consideration, as a matter of urgency, without
               prejudice to any further steps to ensure that pirates are held accountable, of the
               establishment of specialized anti-piracy courts in Somalia and other States in the
               region with substantial international participation and/or support, and requests that
               the Secretary-General, in conjunction with UNODC and UNDP, further consult with
               Somalia and regional States willing to establish such anti-piracy courts on the kind
               of international assistance, including the provision of international personnel, that
               would be required to help make such courts operational; the procedural
               arrangements required for transfer of apprehended pirates and related evidence; the
               projected case capacity of such courts; and the projected timeline and costs for such
               courts, and to provide to the Council in the light of such consultations within
               90 days detailed implementation proposals for the establishment of such courts, as
               appropriate;
                     17. Underlines the importance for such courts to have jurisdiction to be
               exercised over not only suspects captured at sea, but also anyone who incites or
               intentionally facilitates piracy operations, including key figures of criminal
               networks involved in piracy who illicitly plan, organize, facilitate, or finance and
               profit from such attacks;
                     18. Recognizes that any increase in prosecution capacity must necessarily be
               accompanied by a related increase in prison capacity, and calls upon both Somali
               authorities, UNODC, UNDP and other international partners to support the
               construction and responsible operation of prisons in Somalia in accordance with
               international law;
                    19. Calls upon Member States, regional organizations and other appropriate
               partners to support efforts to establish specialized anti-piracy courts in the region by
               making or facilitating arrangements for the provision of international experts,



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           including those from the Somali diaspora, through secondment or otherwise, and to
           otherwise support the work of UNODC, UNDP or others in this regard through
           contributions to the Trust Fund;
                20.   Decides to remain seized of the matter.




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