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]

S/RES/1838(2008)No PDF available

Who created this mandate?

A Resolution of the Security Council, under agenda item 84The situation in Somalia, published in 2008.

What else is in this group?

3 documents · 2008

2008S/RES/1846(2008)Security Council resolution 1846 (2008) [on acts of piracy and armed robbery against vessels in territorial waters and the high seas off the coast of Somalia]Compare with earlier document
2008S/RES/1838(2008)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]Compare with earlier document
2008S/RES/1816(2008)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]

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What subjects does this mandate have?

12 topics

Capacity Building Humanitarian Assistance Inter-Agency Cooperation International Obligations Maritime Security Maritime Traffic Piracy Regional Organizations Robbery Somalia Somalia Situation Territorial Sea

What does this mandate say?

10 operative paragraphs

Reiterates that it condemns and deplores all acts of piracy and armed robbery at sea against vessels off the coast of Somalia;

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;

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;

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);

Urges also States and regional organizations, in conformity with the provisions of resolution 1814 (2008), to continue to take action to protect the World Food Programme maritime convoys, which is vital to bring humanitarian assistance to the affected populations in Somalia;

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;

Calls upon States and regional organizations to coordinate their actions pursuant to paragraphs 3, 4 and 5 above;

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;

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;

Decides to remain seized of the matter.

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