Security Council resolution 1816 (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/1816(2008)
Date: 2008-06-02
Status: adopted
Agenda: S/63 [84] SOMALIA SITUATION
Subjects: Somalia. Transitional National Government|IMO|Charter of the United Nations (1945). Chapter VII|PIRACY|ROBBERY|TERRITORIAL SEA|SOMALIA|SHIPS|MARITIME SECURITY|SOMALIA SITUATION|INTERNATIONAL COOPERATION|INFORMATION EXCHANGE|TECHNICAL COOPERATION|CRIMINAL JURISDICTION|MARITIME TRAFFIC|INNOCENT PASSAGE|JUDICIAL ASSISTANCE|INTERNATIONAL OBLIGATIONS|JURISDICTION OVER SHIPS AT SEA|CRIMINAL INVESTIGATION|PROSECUTION
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/1816 (2008)*
                Security Council                                                Distr.: General
                                                                                2 June 2008




                Resolution 1816 (2008)
                Adopted by the Security Council at its 5902nd meeting on
                2 June 2008

                     The Security Council,
                     Recalling its previous resolutions and the statements of its President
                concerning the situation in Somalia,
                     Gravely concerned by the threat that acts of piracy and armed robbery against
                vessels pose to the prompt, safe and effective delivery of humanitarian aid to
                Somalia, the safety of commercial maritime routes and to international navigation,
                     Expressing its concerns at the quarterly reports from the International
                Maritime Organization (IMO) since 2005, which provide evidence of continuing
                piracy and armed robbery in particular in the waters off the coast of Somalia,
                     Affirming 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, as well as other
                ocean activities,
                     Reaffirming the relevant provisions of international law with respect to the
                repression of piracy, including the Convention, and recalling that they provide
                guiding principles for cooperation to the fullest possible extent in the repression of
                piracy on the high seas or in any other place outside the jurisdiction of any state,
                including but not limited to boarding, searching, and seizing vessels engaged in or
                suspected of engaging in acts of piracy, and to apprehending persons engaged in
                such acts with a view to such persons being prosecuted,
                     Reaffirming its respect for the sovereignty, territorial integrity, political
                independence and unity of Somalia,
                      Taking into account the crisis situation in Somalia, and the lack of capacity of
                the Transitional Federal Government (TFG) to interdict pirates or patrol and secure
                either the international sea lanes off the coast of Somalia or Somalia’s territorial
                waters,




            * Reissued for technical reasons.


08-36177* (E)
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                     Deploring the recent incidents of attacks upon and hijacking of vessels in the
               territorial waters and on the high seas off the coast of Somalia including attacks
               upon and hijackings of vessels operated by the World Food Program and numerous
               commercial vessels and the serious adverse impact of these attacks on the prompt,
               safe and effective delivery of food aid and other humanitarian assistance to the
               people of Somalia, and the grave dangers they pose to vessels, crews, passengers,
               and cargo,
                     Noting the letters to the Secretary-General from the Secretary-General of the
               IMO dated 5 July 2007 and 18 September 2007 regarding the piracy problems off
               the coast of Somalia and the IMO Assembly resolution A.1002 (25), which strongly
               urged Governments to increase their efforts to prevent and repress, within the
               provisions of international law, acts of piracy and armed robbery against vessels
               irrespective of where such acts occur, and recalling the joint communiqué of the
               IMO and the World Food Programme of 10 July 2007,
                    Taking note of the Secretary-General’s letter of 9 November 2007 to the
               President of the Security Council reporting that the Transitional Federal
               Government of Somalia (TFG) needs and would welcome international assistance to
               address the problem,
                     Taking further note of the letter from the Permanent Representative of the
               Somali Republic to the United Nations to the President of the Security Council
               dated 27 February 2008, conveying the consent of the TFG to the Security Council
               for urgent assistance in securing the territorial and international waters off the coast
               of Somalia for the safe conduct of shipping and navigation,
                     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 to
               international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.     Condemns and deplores all acts of piracy and armed robbery against
               vessels in territorial waters and the high seas off the coast of Somalia;
                    2.    Urges States whose naval vessels and military aircraft operate on the
               high seas and airspace off the coast of Somalia to be vigilant to acts of piracy and
               armed robbery and, in this context, encourages, in particular, States interested in the
               use of commercial maritime routes off the coast of Somalia, to increase and
               coordinate their efforts to deter acts of piracy and armed robbery at sea in
               cooperation with the TFG;
                     3.   Urges all States to cooperate with each other, with the IMO and, as
               appropriate, with the relevant regional organizations in connection with, and share
               information about, acts of piracy and armed robbery in the territorial waters and on
               the high seas off the coast of Somalia, and to render assistance to vessels threatened
               by or under attack by pirates or armed robbers, in accordance with relevant
               international law;
                     4.   Further urges States to work in cooperation with interested
               organizations, including the IMO, to ensure that vessels entitled to fly their flag
               receive appropriate guidance and training on avoidance, evasion, and defensive
               techniques and to avoid the area whenever possible;


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                5.    Calls upon States and interested organizations, including the IMO, to
           provide technical assistance to Somalia and nearby coastal States upon their request
           to enhance the capacity of these States to ensure coastal and maritime security,
           including combating piracy and armed robbery off the Somali and nearby coastlines;
                 6.   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 supplies of technical assistance to Somalia solely for
           the purposes set out in paragraph 5 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);
                 7.   Decides that for a period of six months from the date of this resolution,
           States 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, may:
                (a) Enter the territorial waters of Somalia for the purpose of repressing acts
           of piracy and armed robbery at sea, in a manner consistent with such action
           permitted on the high seas with respect to piracy under relevant international law;
           and
                 (b) Use, within the territorial waters of Somalia, in a manner consistent with
           action permitted on the high seas with respect to piracy under relevant international
           law, all necessary means to repress acts of piracy and armed robbery;
                 8.    Requests that cooperating states take appropriate steps to ensure that the
           activities they undertake pursuant to the authorization 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;
                 9.   Affirms that the authorization provided in this resolution applies 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 it shall not be considered as establishing customary
           international law, and affirms further that this authorization has been provided only
           following receipt of the letter from the Permanent Representative of the Somalia
           Republic to the United Nations to the President of the Security Council dated
           27 February 2008 conveying the consent of the TFG;
                 10. Calls upon States to coordinate their actions with other participating
           States taken pursuant to paragraphs 5 and 7 above;
                 11. Calls upon all States, and in particular flag, port and coastal States,
           States of the nationality of victims and perpetrators or 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 persons responsible for acts of piracy and armed robbery off the
           coast of Somalia, consistent with applicable international law including
           international human rights law, and to render assistance by, among other actions,
           providing disposition and logistics assistance with respect to persons under their
           jurisdiction and control, such victims and witnesses and persons detained as a result
           of operations conducted under this resolution;



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                    12. Requests States cooperating with the TFG to inform the Security Council
               within 3 months of the progress of actions undertaken in the exercise of the
               authority provided in paragraph 7 above;
                     13. Requests the Secretary-General to report to the Security Council within
               5 months of adoption of this resolution on the implementation of this resolution and
               on the situation with respect to piracy and armed robbery in territorial waters and
               the high seas off the coast of Somalia;
                     14. Requests the Secretary-General of the IMO to brief the Council on the
               basis of cases brought to his attention by the agreement of all affected coastal states,
               and duly taking into account the existing bilateral and regional cooperative
               arrangements, on the situation with respect to piracy and armed robbery;
                    15. Expresses its intention to review the situation and consider, as
               appropriate, renewing the authority provided in paragraph 7 above for additional
               periods upon the request of the TFG;
                    16.   Decides to remain seized of the matter.




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