Security Council Resolution 2015 (2011) [on Acts of Piracy and Armed Robbery at Sea Off the Coast of Somalia]

S/RES/2015(2011)No PDF available

Who created this mandate?

A Resolution of the Security Council, under agenda item 84The situation in Somalia, published in 2011.

What other versions does this mandate have?

4 versions · 2011–2014

This is an older version — the most recent is S/RES/2184 (2014)

2014S/RES/2184 (2014)Security Council resolution 2184 (2014) [on acts of piracy and armed robbery at sea off the coast of Somalia]LatestCompare with previous version
2013S/RES/2125 (2013)Security Council resolution 2125 (2013) [on acts of piracy and armed robbery at sea off the coast of Somalia]Compare with previous version
2011S/RES/2015(2011)Security Council resolution 2015 (2011) [on acts of piracy and armed robbery at sea off the coast of Somalia]Compare with previous version
2011S/RES/1976(2011)Security Council resolution 1976 (2011) [on acts of piracy and armed robbery at sea off the coast of Somalia]

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

11 topics

Correctional Systems Criminal Courts Criminal Jurisdiction Judicial System Maritime Safety Maritime Security Piracy Prosecution Robbery Somalia Territorial Sea

Which reports were submitted under this mandate?

1 report of the Secretary-General submitted under this mandate, 2012.

2012S/2012/50Report of the Secretary-General on specialized anti-piracy courts in Somalia and other States in the region

Identified automatically from the metadata in each report’s UN Digital Library catalogue record.

What does this mandate say?

20 operative paragraphs

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 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;

Recognizes the primary role of the Transitional Federal Government (TFG) and the relevant Somali regional authorities in eradicating piracy off the coast of Somalia;

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;

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);

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;

Calls upon States to cooperate also, as appropriate, on the prosecution of suspected pirates for taking hostages;

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;

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;

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;

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;

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;

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;

Reaffirms that the efforts to promote effective judicial mechanisms to prosecute suspected pirates should be continued and intensified;

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 counter-piracy prosecution efforts;

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);

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;

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;

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;

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, 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;

Decides to remain seized of the matter.

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