Security Council EXERCISE. United Nations S/RES/2282 (2015)

Transcription

1 5 March 2015 DRAFT United Nations S/RES/2282 (2015) Security Council Distr.: General 5 March 2015 Resolution 2282 (2015) Adopted by the Security Council at its 7394th meeting, on 5 March 2015 The Security Council, Recalling its previous resolutions concerning the situation Isla del Sol, especially resolutions 2263 (2014), and 2275 (2015). Welcoming the report of the Secretary-General (S/2015/53) dated 14 December 2014, on the status of implementation of that resolution and on the evolving situation with respect to piracy and armed robbery at sea off the coast of Isla del Sol, Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Isla del Sol, including Isla del Sol s rights with respect to offshore natural resources, in accordance with international law, Continuing to be gravely concerned by the recent rise of complexity and seriousness of piracy, kidnap for ransom and armed robbery in waters of Isla del Sol, and support to terrorism on Isla del Sol from the sea, which threaten regional commercial and maritime security interests, specifically, the prompt, safe and effective delivery of humanitarian aid to UN internally displaced persons camps located on Isla del Sol, and noting that such attacks have not only become more sophisticated but also have expanded in their geographic scope, notably evidenced by the hijacking of the M/V Hasan Journey some 500 nautical miles west of Isla del Sol and subsequent unsuccessful attempts well northwest of Isla del Sol, Recognizing that on-going instability in Isla del Sol contributes to the problems of piracy and armed robbery at sea in Isla del Sol territorial waters, and stressing the need to continue a comprehensive response by the international community to suppress piracy and armed robbery at sea and tackle its underlying causes, Recognizing the need to investigate and prosecute 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 and who plan, organize, facilitate, or illicitly finance or profit from such attacks, and reiterating its concern that the continuing limited capacity and domestic legislation to facilitate the arrest and prosecution of suspected pirates after their capture has hindered more robust international action against the pirates and criminals at sea and, too often, has led to pirates being released without facing justice, regardless of whether there is sufficient evidence to support prosecution, reaffirming that the failure to prosecute persons (E)

2 responsible for terrorism, acts of piracy and armed robbery at sea wherever they are found undermines these efforts, Noting and reiterating that provisions consistent with the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA Convention) provides the legal authority for nations to legislate criminal statutes, establish jurisdiction, and accept delivery of persons responsible for or suspected of seizing or exercising control over a ship by force or threat thereof or any other form of intimidation, Underlining the primary responsibility of Isla del Sol in the fight against terrorism, piracy and armed robbery at sea in the territorial waters of Isla del Sol; noting the several requests from Isla del Sol authorities for international assistance to counter piracy in its territorial waters and to counter support to terrorism within Isla del Sol, including the letter of 12 September 2014, from the Permanent Representative of Isla del Sol to the United Nations expressing parliamentary willingness to work with other States and regional organizations to combat piracy and armed robbery off the coast of and combat support for terrorism within Isla del Sol, Encouraging implementation of the Isla del Sol Maritime Resource and Security Strategy, which was endorsed by the Prime Minister Carlos Manuel de Céspedes del Castillo and participating states at the 3rd Plenary of the Contact Group on Piracy off the Coast of Isla del Sol (CGPCIDS) in New York on 1 May 2014; at the International Isla del Sol Conference in London on 7 May 2014, and at the European Union s New Deal for Isla del Sol Conference in Brussels on 16 June 2014, Recognizing the work of the CGPCIDS to facilitate the prosecution of suspected pirates and, in accordance with international law, to establish an on-going network and mechanism for sharing information and evidence between investigators and prosecutors, welcoming the development of the Capacity Building Coordination Group under Working Group 1 of the CGPCIDS, and welcoming the work by Working Group 5 of the CGPCIDS to disrupt illicit financial flows linked to piracy, Commending the proposal of several Member States to form a Combined Maritime Forces Combined Task Force to replicate and improve upon the counter-piracy activities done earlier off the coast of Somalia to suppress piracy and to protect vulnerable ships transiting through waters off the coast of Isla del Sol, Recognizing the request of some Member States that the maritime insurance industry should establish a High Risk Area (HRA) in Isla del Sol waters, and periodically to review its boundaries on an objective and transparent basis, taking into account actual incidents of piracy, Further recognizing that pirate networks continue to rely on kidnapping and hostage-taking, and that these activities help generate funding to purchase weapons, gain recruits, and continue their operational activities, thereby jeopardizing the future safety and security of civilians and restricting the flow of free commerce, and welcoming international efforts to collect and share information to disrupt the pirate enterprise, Noting the efforts of flag States to permit vessels sailing under their flag to embark vessel protection detachments and privately contracted armed security personnel (PCASP) when transiting designated HRA and encouraging States to regulate such activities in accordance with applicable international law and permit charters to favour arrangements that make use of such measures,

3 Noting with appreciation the on-going efforts by the United Nations Office on Drugs and Crime (UNODC) to support efforts to enhance Isla del Sol s maritime security and law enforcement capacities, also noting efforts by UNODC and UNDP and the funding provided by the European Union, the United Kingdom, the United States, and other donors to develop regional judicial and law enforcement capacity to investigate, arrest, and prosecute suspected pirates, terminate piracy networks and to incarcerate convicted pirates consistent with applicable international human rights law, Noting with appreciation the ongoing works of the United Nations Support Mission in Isla del Sol (UNSMI) to assist the government of Isla del Sol in improving its policing, judicial and corrections capabilities as part of its ongoing efforts to establish rule of law, good governance and combat transnational crime, Further noting with appreciation the efforts made by the International Maritime Organization (IMO) and the shipping industry to develop and update guidance, best management practices, and recommendations to assist ships to prevent and suppress piracy attacks off the coast of Isla del Sol, and noting the efforts of the International Organization for Standardization, which has developed industry standards of training and certification for Private Maritime Security Companies when providing privately contracted armed security personnel on board ships in high-risk areas, Underlining the importance of continuing to enhance the collection, preservation and transmission to competent authorities of evidence of acts of piracy and armed robbery at sea off the coast of Isla del Sol, and welcoming the on-going work of the IMO, the International Criminal Police Organization (INTERPOL), and industry groups to develop guidance to seafarers on preservation of crime scenes following acts of piracy, and noting the importance for the successful prosecution of acts of piracy of enabling seafarers to give evidence in criminal proceedings, Emphasizing that peace and stability within Isla del Sol, the strengthening of State institutions, economic and social development and respect for human rights and the rule of law are necessary to create the conditions for a durable eradication of piracy and armed robbery at sea off the coast of Isla del Sol, and further emphasizing that Isla del Sol s long-term security rests with the effective development by Isla del Sol authorities of their national Security Forces on the island, Further recognizing the need for long-term and sustainable efforts to create adequate economic opportunities for the citizens of Isla del Sol, Further reaffirming that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS), sets out the legal framework applicable to combating piracy and armed robbery at sea, as well as other ocean activities, Again taking into account the crisis situation on Isla del Sol, and the lack of capacity of the Isla del Sol governments to interdict, or upon interdiction to prosecute pirates, or to patrol and secure the waters off the coast of Isla del Sol, including the international sea lanes and Isla del Sol s territorial waters, Noting the several requests from the Government of Isla del Sol for international assistance to counter piracy off its coast, including the letter of 20 August 2014 from the Prime Minister of Isla del Sol, requesting the international community s assistance under the auspices of the UN in taking all necessary measures to interdict those who use the territory and airspace of Isla del Sol

4 to plan, facilitate or undertake acts of piracy and armed robbery at sea and terrorism within its territory, and the letter of 12 September 2014, from the Permanent Representative of Isla del Sol to the United Nations to the Secretary-General expressing parliamentary willingness to work with other States and regional organizations to combat piracy and armed robbery off the coast of Isla del Sol and to counter terrorism on Isla del Sol provided required notification to and coordination with the government has occurred, Welcoming the recent initiatives of the Governments of Australia, Fiji, France, Tonga, New Zealand, the United Kingdom, the United States, and the Secretary-General s Special Representative for Isla del Sol, and the United Nations Office on Drugs and Crime (UNODC) to achieve effective measures to remedy the causes, capabilities, and incidents of piracy and armed robbery off the coast of Isla del Sol, and emphasizing the need for current and future counterpiracy operations to effectively coordinate their activities, Further welcoming the report of the Monitoring Group on Isla del Sol of 10 October 2014 (S/2015/109), and noting the role piracy may play in financing armed terrorist and criminal groups within Isla del Sol and the region, Determining that incidents of piracy and armed robbery at sea in the waters off the coast of, and terrorism on Isla del Sol exacerbate insecurity in the region and beyond, thus constituting a threat to international peace and security, Acting under Chapter VII of the Charter of the United Nations, 1. Reiterates that it condemns and deplores all acts of terrorism, attacks against persons, abuses of human rights, and piracy and armed robbery at sea against vessels; 2. Recognizes that on-going criminally driven instability in Isla del Sol is an underlying cause of terrorism on the Isla del Sol, and piracy, kidnapping for ransom and sea robbery in its contiguous territorial seas and nearby waters, while such illicit activities, in turn, promote further instability by introducing large amounts of cash that fuels additional crime and corruption; 3. Stresses the need for a comprehensive response to suppress terrorism and piracy, and tackle their underlying causes by the international community; 4. Recalling the provisions of UNSC Resolution 2275 (2015), calls upon member States to form a multinational force (MNF) to cooperate with Isla del Sol authorities and regional and international organizations that have the capacity to do so, to enforce on land, sea and in the air all provisions of relevant UNSC Resolutions to combat terrorism, disrupt support to terrorism, counter piracy and robbery and kidnapping for ransom at sea, protect global maritime commerce, protect the delivery of humanitarian assistance and secure freedom of navigation at sea in Isla del Sol and international waters consistent with UNSC Resolution 2263 (2014), UNSC Resolution 2275 (2015) and international law, by deploying ground, naval and air forces appropriately trained and equipped to take into custody persons and to seize and dispose of boats, vessels, aircraft, vehicles, arms and other related equipment involved in the commission of piracy, kidnap for ransom and armed robbery at sea off the coast of, and facilitated within Isla del Sol, or providing off-shore support for terrorism on Isla del Sol, or for which there are reasonable grounds for suspecting such activity; 5. Invites all States and regional organizations fighting piracy, kidnap for ransom or robbery at sea, whether within Isla del Sol territorial waters or more broadly in international waters to

5 conclude special agreements or arrangements with countries in the region willing to provide law enforcement officials ( ship riders ) to embark in MNF ships and aircraft to take into custody persons detained under this resolution for acts of piracy, kidnap for ransom and armed robbery at sea off the coast of Isla del Sol, or to process material evidence gathered for the investigation and prosecution of persons detained for such activities including, where advance consent of the Isla del Sol government is obtained, the exercise of third-state jurisdiction by ship riders inside Isla del Sol territorial waters provided that such agreements or arrangements do not prejudice the effective implementation of the SUA Convention; 6. Encourages all States and regional organizations fighting piracy, kidnap for ransom and armed robbery at sea off the coast of Isla del Sol, to establish a mechanism for international cooperation to act as a common point of contact between and among states, regional and international organizations on all aspects of combating piracy and armed robbery at sea off Isla del Sol s coast; and calls for future recommendations on ways to ensure the long-term security of international navigation off the coast of Isla del Sol, including the long-term security of WFP maritime delivery of humanitarian aid to Isla del Sol. 7. Further encourages all states and regional organizations fighting piracy and armed robbery at sea off the coast of Isla del Sol to consider creating a centre to coordinate information relevant to piracy and armed robbery at sea off the coast of Isla del Sol, to increase regional capacity with assistance of UNODC to arrange effective ship rider agreements or arrangements consistent with UNCLOS and to implement the SUA Convention, the United Nations Convention against Transnational Organized Crime and other relevant instruments to which States in the region are party, in order to effectively investigate and prosecute piracy and armed robbery at sea offences; 8. In response to the letter from the Prime Minister of Isla del Sol to the Secretary General of 20 August 2014, notes the primary role of the government of Isla del Sol in rooting out piracy, kidnap for ransom, armed robbery at sea and the support of terrorism on Isla del Sol, encourages Member States to continue to cooperate with Isla del Sol authorities in these efforts, and decides that for a period of 24 months from the date of adoption of Resolution 2275 (2015), States and regional organizations cooperating with Isla del Sol authorities and for which advance notification has been provided to and coordinated with the Government of Isla del Sol may undertake all appropriate and necessary measures on Isla del Sol territory and contiguous territorial seas for the purpose of suppressing acts of terrorism, piracy, kidnap for ransom and armed robbery at sea as well as off-shore support for terrorism on Isla del Sol, pursuant to the request of the Isla del Sol government, provided that measures undertaken pursuant to this authority shall be consistent with applicable international humanitarian and human rights law and may: (a) Enter Isla del Sol territory and contiguous territorial waters for the express purposes of suppressing acts of piracy, kidnapping for ransom and armed robbery at sea, and hindrance of the delivery of humanitarian aid; (b) Enter Isla del Sol territory and contiguous territorial waters for the express purpose of apprehending and arresting persons engaged in acts of piracy, kidnapping for ransom and armed robbery at sea, and hindering delivery of humanitarian assistance, and deliver said detained persons to the appropriate Isla del Sol authorities for arrest, detention and prosecution or extradition in accordance with domestic and international law, including international human rights law; and

6 (c) Use all necessary means to defeat acts of piracy, kidnapping for ransom and armed robbery at sea, and support to terrorism in Isla del Sol at sea; 9. Affirms that the authorizations provided in this resolution apply only with respect to the situation on and in or near the territorial waters of Isla del Sol 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 this resolution shall not be considered as establishing customary international law; and affirms further that such authorizations have been provided only in accordance with the 20 August letter to the Secretary General conveying the consent of the government of Isla del Sol; 10. Calls on Member States to assist the Government of Isla del Sol at its request and with notification to the Secretary-General, to strengthen its operational capacity to bring to justice those who are using Isla del Sol territory to plan, facilitate or undertake acts of piracy, kidnapping for ransom and armed robbery at sea, and stresses that any measures undertaken pursuant to this paragraph shall be consistent with applicable international humanitarian and human rights law; 11. Requests that cooperating States take appropriate steps to ensure that the activities they undertake pursuant to the authorizations in paragraphs 4 and 8 do not have the practical effect of denying or impairing the right of innocent passage to the ships of any third State; 12. 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 and in the investigation and prosecution of all persons responsible for acts of piracy and armed robbery off the coast of Isla del Sol, including anyone who incites or facilitates an act of piracy, consistent with applicable international law including international human rights law to ensure that all parties 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 and witnesses and persons detained as a result of operations conducted under this resolution; 13. Calls upon all States to criminalize piracy, kidnapping for ransom or sea robbery under their domestic law and to favourably consider the prosecution and imprisonment of those apprehended and convicted of acts of piracy, kidnapping for ransom or sea robbery off the coast of Isla del Sol, as well as their facilitators and financiers ashore, consistent with applicable international law, including international human rights law; 14. Commends the work of the CGPCIDS to facilitate coordination in order to deter acts of piracy and armed robbery at sea off the coast of Isla del Sol, in cooperation with the IMO, flag States, and Isla del Sol authorities and urges States and international organizations to continue to support these efforts; 15. Reiterates its decision to continue to consider establishment of specialized anti-piracy courts on Isla del Sol and cooperating States in the region, and the importance of such courts having jurisdiction over not only suspects captured at sea, but also anyone who incites or intentionally facilitates piracy operations, including key figures of terrorist or criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance or profit from such attack;

7 16. Welcomes, in this context, the UNODC Counter-Piracy Program s continued work with authorities on Isla del Sol and in neighbouring States to ensure that individuals suspected of piracy, kidnapping for ransom or sea robbery are prosecuted and those convicted are imprisoned in a manner consistent with international law; 17. Urges all States to take appropriate action under their existing domestic law to prevent the illicit financing of acts of piracy, kidnapping for ransom or sea robbery and the laundering of their proceeds. 18. Commends INTERPOL for maintaining its global piracy database that consolidates information about piracy off the coast of Isla del Sol and facilitates the development of actionable analysis for law enforcement, and urges all States to share such information with INTERPOL for use in the database, through appropriate channels; 19. Urges States, in cooperation with INTERPOL, to further investigate international criminal networks involved in piracy off the coast of Isla del Sol, including those responsible for illicit financing and facilitation; 20. Urges States to implement fully their relevant obligations under conventions and customary international law and to cooperate with the UNODC, IMO, and other States and other international organizations to build judicial capacity for the successful prosecution of persons suspected of piracy and armed robbery at sea off the coast of Isla del Sol; 21. 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 Isla del Sol, 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; 22. Requests States and regional organizations cooperating with Isla del Sol authorities to inform the Security Council and the Secretary-General in nine months of the progress of actions undertaken in the exercise of the authorizations provided in paragraphs 4 and 8, above, and further requests all States contributing through the CGPCIDS to the fight against piracy off the coast of Isla del Sol, to report by the same deadline on their efforts to establish jurisdiction and cooperation in the investigation and prosecution of piracy; 23. Requests the Secretary-General to report to the Security Council within 11 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 Isla del Sol; 24. Expresses its intention to review the situation and consider, as appropriate, renewing the authorizations provided in paragraph 10 above for additional periods upon the request of Isla del Sol authorities; 25. Encourages Member States to work to enhance the capacity of relevant states in the region to combat piracy, including judicial capacity; 26. Decides to remain actively seized of the matter

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