Security Council Resolution 2608 (2021) [on Piracy and Armed Robbery at Sea Off the Coast of Somalia]

S/RES/2608 (2021)No PDF available

Who created this mandate?

A Resolution of the Security Council, under agenda item 84The situation in Somalia, published in 2021.

What other versions does this mandate have?

7 versions · 2015–2021

2021S/RES/2608 (2021)Security Council resolution 2608 (2021) [on piracy and armed robbery at sea off the coast of Somalia]LatestCompare with previous version
2020S/RES/2554 (2020)Security Council resolution 2554 (2020) [on piracy and armed robbery at sea off the coast of Somalia]Compare with previous version
2019S/RES/2500 (2019)Security Council resolution 2500 (2019) [on piracy and armed robbery at sea off the coast of Somalia]Compare with previous version
2018S/RES/2442 (2018)Security Council resolution 2442 (2018) [on piracy and armed robbery at sea off the coast of Somalia]Compare with previous version
2017S/RES/2383 (2017)Security Council resolution 2383 (2017) [on piracy and armed robbery at sea off the coast of Somalia]Compare with previous version

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

What subjects does this mandate have?

8 topics

Arms Embargo Crime Prevention Hijacking of Ships Inter-Agency Cooperation Maritime Security Piracy Somalia Somalia Situation

Which reports were submitted under this mandate?

1 report of the Secretary-General submitted under this mandate, 2022.

2022S/2022/819The situation with respect to piracy and armed robbery at sea off the coast of Somalia report of the Secretary-General

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

What does this mandate say?

31 operative paragraphs

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

While noting improvements in Somalia, recognizes that piracy exacerbates instability in Somalia by introducing large amounts of illicit cash that fuels additional crime, corruption, and terrorism;

Stresses the need for a comprehensive response to prevent and suppress piracy and tackle its underlying causes by the international community in collaboration with Somali authorities and other relevant actors, and encourages Member States to continue to cooperate with Somali authorities in the fight against piracy and armed robbery at sea, without impeding the exercise of high seas freedoms or other navigational rights and freedoms by ships of any State, consistent with international law, as reflected in UNCLOS;

Underlines the primary responsibility of the Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, values the recent launch of the Department of Somali Maritime Administration, and welcomes the National Maritime Coordination Committee (NMCC) meeting convened by the FGS to initiate a mapping process of all maritime activities, including international support;

Recognizes the need to continue investigating and prosecuting those who plan, organize, illicitly finance or profit from pirate attacks off the coast of Somalia, including key figures of criminal networks involved in piracy, and to develop the capacity of Somali authorities to investigate and prosecute such persons, and the capacity of Somalia’s Financial Intelligence Unit to identify illicit financial activity and support the prosecution of pirate financiers, and urges States, working in conjunction with relevant international organizations, to adopt legislation to facilitate prosecution of suspected pirates off the coast of Somalia;

Calls upon the Somali authorities to interdict, and upon interdiction to have mechanisms in place to safely return effects seized by pirates, investigate and prosecute pirates and to patrol the waters off the coast of Somalia to prevent and suppress acts of piracy and armed robbery at sea;

Calls upon the Somali authorities to make all efforts 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 calls upon Member States to assist Somalia, at the request of Somali authorities and with notification to the Secretary-General, to strengthen maritime capacity in Somalia, including regional authorities and, stresses that any measures undertaken pursuant to this paragraph shall be consistent with applicable international law, in particular international human rights law;

Encourages the Federal Government of Somalia to accede to the United Nations Convention against Transnational Organized Crime, and develop a corresponding legal architecture as part of its efforts to target money laundering and financial support structures on which piracy networks survive;

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

Recognizes the need for Member States, international and regional organizations, and other appropriate partners to exchange evidence and information for anti-piracy law enforcement purposes with a view to ensuring effective arrest, prosecution of suspected, and imprisonment of convicted pirates and key figures of criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance and profit from piracy operations, and keeps under review the possibility of applying targeted sanctions against individuals or entities that plan, organize, facilitate, or illicitly finance or profit from piracy operations if they meet the listing criteria set out in paragraph 43 of resolution 2093 (2013), and calls upon all States to cooperate fully with the Panel of Experts on Somalia, including on information-sharing regarding possible violations of the arms embargo or charcoal ban;

Recognizes the importance of capacity building and request donors to consider providing support to reinforce Somalia’s national coast guard capacities through Human Resources development, training, equipping and building of coastal guard stations;

Renews its call upon States and regional organizations that are able to do so to take part in the fight against piracy and armed robbery at sea off the coast of Somalia, in particular, consistent with this resolution and international law, by deploying naval vessels, arms, and military aircraft, by providing basing and logistical support for counter-piracy forces, and by seizing and disposing 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;

Highlights the importance of coordination among Member states and international organizations in order to deter acts of piracy and armed robbery at sea off the coast of Somalia, commends the work of the CGPCS to facilitate such coordination in cooperation with the IMO, flag States, and Somali authorities, encourages the full participation of Somalia in all coordination efforts and urges continued support of these efforts;

Decides that, for a further period of 3 months from the date of this resolution to renew the authorizations as set out in paragraph 14 of resolution 2554 (2020) granted to States and regional organizations cooperating with Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, for which advance notification has been provided by Somali authorities to the Secretary-General;

Affirms that the authorizations renewed in this resolution apply only with respect to the situation in Somalia and shall not affect the rights, 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 this resolution shall not be considered as establishing customary international law; and affirms further that such authorizations have been renewed in response to the 2 December 2021 letter conveying the request of Somali authorities;

Decides that the arms embargo on Somalia imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002) and modified by paragraphs 33 to 38 of resolution 2093 does not apply to supplies of weapons and military equipment or the provision of assistance destined for the sole use of Member States, international, regional, and sub-regional organizations undertaking measures in accordance with paragraph 14 above, as most recently reaffirmed by OP 34(b) of resolution 2607 (2021);

Calls upon all States to take appropriate actions under their existing domestic law, or develop legislative processes, to prevent the illicit financing of acts of piracy and the laundering of its proceeds;

Calls upon all States, and in particular flag, port, and coastal States, States of the nationality of victims and perpetrators of piracy and armed robbery, and other States with relevant jurisdiction under international law and national legislation, to cooperate in determining jurisdiction, to criminalize piracy under their domestic law, and to favourably consider the prosecution of suspected, and imprisonment of those convicted, pirates apprehended off the coast of Somalia, and their facilitators and financiers ashore, decides to keep these matters under review, including, as appropriate, the establishment of specialized anti-piracy courts in Somalia with substantial international participation and/or support as set forth in resolution 2015 (2011), and encourages the CGPCS to continue its discussions in this regard;

Further calls upon all States to cooperate in the investigation and prosecution of all persons responsible for or associated with acts of piracy and armed robbery off the coast of Somalia, including international criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance or profit from such attack, consistent with applicable international law including international human rights law; to ensure that all pirates handed over to judicial authorities are subject to a judicial process, and to render assistance by, among other actions, providing disposition and logistics assistance with respect to persons under their jurisdiction and control, such as victims, witnesses, and persons detained as a result of operations conducted under this resolution;

Urges all States to ensure that counter-piracy activities, particularly land-based activities, take into consideration the need to protect women and children from exploitation, including sexual exploitation;

Urges all States to share information with INTERPOL for use in the global piracy database, through appropriate channels;

Welcomes the UNODC Global Maritime Crime Programme’s continued work with authorities in Somalia and in neighbouring States to ensure that individuals suspected of piracy are prosecuted and those convicted are imprisoned in a manner consistent with applicable international law, including international human rights law, and welcomes the work of international and regional organizations to strengthen the capacity of financial intelligence units in Somalia and neighbouring states;

Recognizes the successful prosecution of piracy cases by Seychelles and implores regional authorities to honour transfer agreements;

Urges States parties to The Convention and the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA Convention) and its protocols to implement fully their relevant obligations under these conventions and customary international law and to cooperate with the UNODC, IMO, and other States and international organizations to build judicial capacity for the successful prosecution of persons suspected of piracy and armed robbery at sea off the coast of Somalia;

Acknowledges the recommendations and guidance provided by the IMO on preventing and suppressing piracy and armed robbery at sea; and urges States, in collaboration with the shipping and insurance industries and the IMO, to continue to develop and implement avoidance, evasion, and defensive best practices and advisories to take when under attack or when sailing in the 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 suitable port of call immediately following an act or attempted act of piracy or armed robbery at sea or release from captivity;

Welcomes and encourages efforts by flag States and port States to further consider the development of safety and security measures on board vessels, including, where applicable, developing regulations for the use of privately contracted armed security personnel (PCASP) on board ships, aimed at preventing and suppressing piracy off the coast of Somalia, through a consultative process, including through the IMO and ISO;

Invites the IMO to continue its contributions to the prevention and suppression of acts of piracy and armed robbery against ships, in coordination, in particular, with the UNODC, the World Food Program (WFP), the shipping industry, and all other parties concerned, and recognizes the IMO’s role concerning privately contracted armed security personnel on board ships in high-risk areas;

Notes the importance of securing the safe delivery of WFP assistance by sea, and welcomes the ongoing work by the WFP, EUNAVFOR Operation Atalanta, and flag States with regard to Vessel Protection Detachments on WFP vessels;

Requests the Secretary-General to report to the Security Council within eleven months of the adoption of this resolution on the implementation of this resolution and on the situation with respect to piracy and armed robbery at sea off the coast of Somalia, including assessment of National Coast Guard capabilities as well as voluntary reports by cooperating States and regional organizations;

Expresses its intention to review the situation and consider, as appropriate, renewing the authorizations provided in paragraph 14 above for additional periods upon the request of Somali authority;

Decides to remain seized of the matter.

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