International Response and Security Council Resolutions

PrisonThe proliferation of attacks against ships off of the coast of Somalia has had a number of serious consequences, including the disruption of critical humanitarian aid deliveries to Somalia, increased shipping insurance premiums to near-prohibitive levels, damage to economies and an increased prospect of environmental disasters. The international community has recognized that enhanced international efforts are required in order to reduce the number of attacks.

The growing incidents of piracy have focused the world's attention on Somalia and served to emphasize that what happens within the jurisdiction of failed States has repercussions far beyond their borders. There is a renewed urgency in United Nations efforts to resolve the situation in Somalia, as it is clear that the root causes of piracy in the area lie in Somalia's fragmented State, ongoing conflict and the lack of rule of law. Any lasting solution to the problem of piracy would, therefore, have to involve ensuring stability, development and an effective criminal justice system in Somalia. Until that is achieved, it is critical to assist in the prosecution of suspected pirates in order to deter further acts and to avoid these crimes being treated with impunity.

In 2008, the Security Council adopted resolutions 1861 and 1846, thereby creating a permissive regime whereby non-Somali naval vessels could enforce the law of the sea rules on piracy in Somali territorial waters with authorization of the Somali Transitional Federal Government. In its resolution 1851, the Council encouraged States and organizations to establish a mechanism for international cooperation in combating piracy off the coast of Somalia and to work to enhance the capacity of relevant States in the region to combat piracy, including judicial capacity.

Pursuant to Council resolution 1851, the Contact Group on Piracy off the Coast of Somalia was established on 14 January 2009 to facilitate and coordinate actions among states and organizations to suppress piracy. Membership in the Contact Group has now grown to include 46 States and seven international organizations. Through its four working groups, the Contact Group addresses specific issues related to military and operational coordination, legal issues, shipping industry awareness and public and diplomatic information.

UNODC participates in the Contact Group and its Working Group on Military and Operational Coordination, Information Sharing and Capability-Building. UNODC acts as secretariat to Working Group on Judicial Issues, to which it has provided various forms of support. In particular, UNODC has prepared an analysis of the legal and practical challenges involved in prosecuting suspected pirates and is gathering information on relevant national legal systems, including those of coastal States.