               United Nations                                                                 S/RES/1845 (2008)
               Security Council                                               Distr.: General
                                                                              20 November 2008

               Resolution 1845 (2008)
               Adopted by the Security Council at its 6021st meeting, on
               20 November 2008

                    The Security Council,
                    Recalling all its previous relevant resolutions concerning the conflicts in the
               former Yugoslavia and relevant statements of its President, including resolutions
               1031 (1995) of 15 December 1995, 1088 (1996) of 12 December 1996, 1423 (2002)
               of 12 July 2002, 1491 (2003) of 11 July 2003, 1551 (2004) of 9 July 2004, 1575
               (2004) of 22 November 2004, 1639 (2005) of 21 November 2005, 1722 (2006) of
               21 November 2006, 1764 (2007) of 29 June 2007 and 1785 (2007) of 21 November
               2007,
                     Reaffirming its commitment to the political settlement of the conflicts in the
               former Yugoslavia, preserving the sovereignty and territorial integrity of all States
               there within their internationally recognized borders,
                    Emphasizing its full support for the High Representative’s continued role in
               Bosnia and Herzegovina,
                     Underlining its commitment to support the implementation of the General
               Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes
               thereto (collectively the Peace Agreement, S/1995/999, annex), as well as the
               relevant decisions of the Peace Implementation Council (PIC),
                     Recalling all the agreements concerning the status of forces referred to in
               Appendix B to Annex 1-A of the Peace Agreement, and reminding the parties of
               their obligation to continue to comply therewith,
                    Further recalling the provisions of its resolution 1551 (2004) concerning the
               provisional application of the status of forces agreements contained in Appendix B
               to Annex 1-A of the Peace Agreement,
                    Emphasizing its appreciation to the High Representative, the Commander and
               personnel of the multinational stabilization force (EUFOR), the Senior Military
               Representative and personnel of the NATO Headquarters Sarajevo, the Organization
               for Security and Cooperation in Europe (OSCE), the European Union (EU) and the
               personnel of other international organizations and agencies in Bosnia and
               Herzegovina for their contributions to the implementation of the Peace Agreement,

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                     Emphasizing that a comprehensive and coordinated return of refugees and
               displaced persons throughout the region continues to be crucial to lasting peace,
                    Recalling the declarations of the Ministerial meetings of the Peace
               Implementation Conference,
                     Recognizing that full implementation of the Peace Agreement is not yet
               complete, while paying tribute to the achievements of the authorities at State and
               entity level in Bosnia and Herzegovina and of the international community in the
               thirteen years since the signing of the Peace Agreement,
                     Emphasizing the importance of Bosnia and Herzegovina’s progress towards
               Euro-Atlantic integration on the basis of the Peace Agreement, while recognizing
               the importance of Bosnia and Herzegovina’s transition to a functional, reformoriented, modern and democratic European country,
                    Noting the reports of the High Representative, including his latest report of
               14 November 2008 (S/2008/705),
                     Determined to promote the peaceful resolution of the conflicts in accordance
               with the purposes and principles of the Charter of the United Nations,
                    Recalling the relevant principles contained in the Convention on the Safety of
               United Nations and Associated Personnel adopted on 9 December 1994 and the
               statement of its President on 10 February 2000 (S/PRST/2000/4),
                    Welcoming and encouraging efforts by the United Nations to sensitize
               peacekeeping personnel in the prevention and control of HIV/AIDS and other
               communicable diseases in all its peacekeeping operations,
                     Taking note of the conclusions of EU Foreign Ministers and Ministers of
               Defence at their joint meeting on 14 May 2007, which reiterate that the EU would
               retain a military presence in the country as long as necessary, in order to continue
               contributing to the maintenance of a safe and secure environment, and the
               conclusions of EU Foreign Ministers and Ministers of Defence at their joint meeting
               on 10 November 2008,
                    Recalling the letters between the European Union and NATO sent to the
               Security Council on 19 November 2004 on how those organizations will cooperate
               together in Bosnia and Herzegovina in which both organizations recognize that the
               EUFOR will have the main peace stabilization role under the military aspects of the
               Peace Agreement (S/2004/916; S/2004/915),
                     Further recalling the confirmation by the Presidency of Bosnia and
               Herzegovina, on behalf of Bosnia and Herzegovina, including its constituent
               entities, of the arrangements for EUFOR and the NATO Headquarters presence
               (S/2004/917),
                    Welcoming the European Union’s increased engagement in Bosnia and
               Herzegovina and the continued engagement of NATO,
                    Reiterating once again its calls on the authorities in Bosnia and Herzegovina to
               implement in full their undertakings as also confirmed by the PIC Steering Board
               declaration of 27 February 2008,
                   Noting that the signing of the Stabilization and Association Agreement (SAA)
               marked a fundamental step forward in the relationship between Bosnia and

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           Herzegovina and the European Union, and calling on the authorities in Bosnia and
           Herzegovina to shoulder their responsibilities and renew their efforts in this regard,
                Noting with satisfaction the agreement between the leaders of three of the
           main parties in Bosnia and Herzegovina reached on 8 November 2008, calling for
           these proposals to be rapidly put into concrete form in close cooperation with the
           High Representative and the PIC Steering Board, and inviting Bosnian political
           forces to unite around this project,
                 Determining that the situation in the region continues to constitute a threat to
           international peace and security,
                Acting under Chapter VII of the Charter of the United Nations,
                1.   Reaffirms once again its support for the Peace Agreement, as well as for
           the Dayton Paris Agreement on implementing the Federation of Bosnia and
           Herzegovina of 10 November 1995 (S/1995/1021, annex) and calls upon the parties
           to comply strictly with their obligations under those Agreements;
                 2.    Reiterates that the primary responsibility for the further successful
           implementation of the Peace Agreement lies with the authorities in Bosnia and
           Herzegovina themselves and that the continued willingness of the international
           community and major donors to assume the political, military and economic burden
           of implementation and reconstruction efforts will be determined by the compliance
           and active participation by all the authorities in Bosnia and Herzegovina in
           implementing the Peace Agreement and rebuilding a civil society, in particular in
           full cooperation with the International Tribunal for the Former Yugoslavia, in
           strengthening joint institutions, which foster the building of a fully functioning selfsustaining State, able to integrate itself into the European structures and in
           facilitating returns of refugees and displaced persons;
                3.    Reminds the parties once again that, in accordance with the Peace
           Agreement, they have committed themselves to cooperate fully with all entities
           involved in the implementation of this peace settlement, as described in the Peace
           Agreement, or which are otherwise authorized by the Security Council, including
           the International Tribunal for the Former Yugoslavia, as it carries out its
           responsibilities for dispensing justice impartially, and underlines that full
           cooperation by States and entities with the International Tribunal includes, inter alia,
           the surrender for trial or apprehension of all persons indicted by the Tribunal and
           provision of information to assist in Tribunal investigations;
                 4.   Emphasizes its full support for the continued role of the High
           Representative in monitoring the implementation of the Peace Agreement and giving
           guidance to and coordinating the activities of the civilian organizations and agencies
           involved in assisting the parties to implement the Peace Agreement, and reaffirms
           that under Annex 10 of the Peace Agreement the High Representative is the final
           authority in theatre regarding the interpretation of civilian implementation of the
           Peace Agreement and that in case of dispute he may give his interpretation and
           make recommendations, and make binding decisions as he judges necessary on
           issues as elaborated by the Peace Implementation Council in Bonn on 9 and
           10 December 1997;
                5.    Expresses its support for the declarations of the Ministerial meetings of
           the Peace Implementation Conference;

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S/RES/1845 (2008)

                    6.    Reaffirms its intention to keep implementation of the Peace Agreement
               and the situation in Bosnia and Herzegovina under close review, taking into account
               the reports submitted pursuant to paragraphs 18 and 21 below, and any
               recommendations those reports might include, and its readiness to consider the
               imposition of measures if any party fails significantly to meet its obligations under
               the Peace Agreement;
                     7.   Recalls the support of the authorities of Bosnia and Herzegovina for
               EUFOR and the continued NATO presence and their confirmation that both are the
               legal successors to SFOR for the fulfilment of their missions for the purposes of the
               Peace Agreement, its Annexes and Appendices and relevant United Nations Security
               Council resolutions and can take such actions as are required, including the use of
               force, to ensure compliance with Annexes 1-A and 2 of the Peace Agreement and
               relevant United Nations Security Council resolutions;
                     8.   Pays tribute to those Member States which participated in the
               multinational stabilization force (EUFOR), and in the continued NATO presence,
               established in accordance with its resolution 1575 (2004) and extended with its
               resolutions 1639 (2005), 1722 (2006) and 1785 (2007), and welcomes their
               willingness to assist the Parties to the Peace Agreement by continuing to deploy a
               multinational stabilization force (EUFOR) and by maintaining a continued NATO
               presence;
                    9.   Welcomes the EU’s intention to maintain an EU military operation to
               Bosnia and Herzegovina from November 2008;
                    10. Authorizes the Member States acting through or in cooperation with the
               EU to establish for a further period of 12 months, starting from the date of the
               adoption of this resolution, a multinational stabilization force (EUFOR) as a legal
               successor to SFOR under unified command and control, which will fulfil its
               missions in relation to the implementation of Annex 1-A and Annex 2 of the Peace
               Agreement in cooperation with the NATO Headquarters presence in accordance with
               the arrangements agreed between NATO and the EU as communicated to the
               Security Council in their letters of 19 November 2004, which recognize that
               EUFOR will have the main peace stabilization role under the military aspects of the
               Peace Agreement;
                     11. Welcomes the decision of NATO to continue to maintain a presence in
               Bosnia and Herzegovina in the form of a NATO Headquarters in order to continue to
               assist in implementing the Peace Agreement in conjunction with EUFOR and
               authorizes the Member States acting through or in cooperation with NATO to
               continue to maintain a NATO Headquarters as a legal successor to SFOR under
               unified command and control, which will fulfil its missions in relation to the
               implementation of Annex 1-A and Annex 2 of the Peace Agreement in cooperation
               with EUFOR in accordance with the arrangements agreed between NATO and the
               EU as communicated to the Security Council in their letters of 19 November 2004,
               which recognize that EUFOR will have the main peace stabilization role under the
               military aspects of the Peace Agreement;
                     12. Reaffirms that the Peace Agreement and the provisions of its previous
               relevant resolutions shall apply to and in respect of both EUFOR and the NATO
               presence as they have applied to and in respect of SFOR and that therefore
               references in the Peace Agreement, in particular in Annex 1-A and its appendices,

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                                                                                S/RES/1845 (2008)

           and relevant resolutions to IFOR and/or SFOR, NATO and the NAC shall be read as
           applying, as appropriate, to the NATO presence, EUFOR, the European Union and
           the Political and Security Committee and Council of the European Union
           respectively;
                13. Expresses its intention to consider the terms of further authorization as
           necessary in the light of developments in the implementation of the Peace
           Agreement and the situation in Bosnia and Herzegovina;
                 14. Authorizes the Member States acting under paragraphs 10 and 11 above
           to take all necessary measures to effect the implementation of and to ensure
           compliance with Annexes 1-A and 2 of the Peace Agreement, stresses that the
           parties shall continue to be held equally responsible for the compliance with that
           Annex and shall be equally subject to such enforcement action by EUFOR and the
           NATO presence as may be necessary to ensure implementation of those Annexes
           and the protection of EUFOR and the NATO presence;
                 15. Authorizes Member States to take all necessary measures, at the request
           of either EUFOR or the NATO Headquarters, in defence of the EUFOR or NATO
           presence respectively, and to assist both organizations in carrying out their missions,
           and recognizes the right of both EUFOR and the NATO presence to take all
           necessary measures to defend themselves from attack or threat of attack;
                 16. Authorizes the Member States acting under paragraphs 10 and 11 above,
           in accordance with Annex 1-A of the Peace Agreement, to take all necessary
           measures to ensure compliance with the rules and procedures governing command
           and control of airspace over Bosnia and Herzegovina with respect to all civilian and
           military air traffic;
                17. Demands that the parties respect the security and freedom of movement
           of EUFOR, the NATO presence, and other international personnel;
                18. Requests the Member States acting through or in cooperation with the EU
           and the Member States acting through or in cooperation with NATO to report to the
           Council on the activity of EUFOR and NATO Headquarters presence respectively,
           through the appropriate channels and at least at three-monthly intervals;
                 19. Invites all States, in particular those in the region, to continue to provide
           appropriate support and facilities, including transit facilities, for the Member States
           acting under paragraphs 10 and 11 above;
                20. Reiterates its appreciation for the deployment by the EU of its Police
           Mission (EUPM) to Bosnia and Herzegovina since 1 January 2003;
                21. Also requests the Secretary-General to continue to submit to the Council
           reports from the High Representative, in accordance with Annex 10 of the Peace
           Agreement and the conclusions of the Peace Implementation Conference held in
           London on 4 and 5 December 1996 (S/1996/1012), and later Peace Implementation
           Conferences, on the implementation of the Peace Agreement and in particular on
           compliance by the parties with their commitments under that Agreement;
                22.   Decides to remain seized of the matter.

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Security Council resolution 1845 (2008) [on authorization of the Member States to establish a multinational stabilization force (EUFOR) in Bosnia and Herzegovina as a legal successor to SFOR]

S/63 [62] BOSNIA AND HERZEGOVINA SITUATION
S/63 [60] FORMER YUGOSLAVIA SITUATION

International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991|NATO|European Union|EUFOR|EU Police Mission|Stabilization Force|High Representative for the Implementation of the Peace Agreement on Bosnia and Herzegovina|Peace Implementation Conference (1995 : London)|Peace Implementation Conference (1997 : Bonn, Germany)|Agreement on Implementing the Federation of Bosnia and Herzegovina (1995)|General Framework Agreement for Peace in Bosnia and Herzegovina (1995)|Charter of the United Nations (1945). Chapter VII|PEACEBUILDING|RULE OF LAW|ECONOMIC REFORM|POST-CONFLICT RECONSTRUCTION|BOSNIA AND HERZEGOVINA|BOSNIA AND HERZEGOVINA SITUATION|WAR CRIMINALS|CRIMINAL INVESTIGATION|AIRSPACE|AIR TRANSPORT|MILITARY AVIATION|POLICE|ADMINISTRATION OF JUSTICE|COOPERATION BETWEEN ORGANIZATIONS|FREEDOM OF MOVEMENT|REGIONAL COOPERATION|FORMER YUGOSLAVIA SITUATION


               United Nations                                                                  S/RES/1844 (2008)
               Security Council                                                Distr.: General
                                                                               20 November 2008

               Resolution 1844 (2008)
               Adopted by the Security Council at its 6019th meeting, on
               20 November 2008

                    The Security Council,
                     Recalling its previous resolutions concerning the situation in Somalia, in
               particular resolution 733 (1992), resolution 751 (1992), resolution 1356 (2001),
               resolution 1425 (2002), resolution 1519 (2003), resolution 1676 (2006), resolution
               1725 (2006), resolution 1744 (2007), resolution 1772 (2007), resolution 1801
               (2008), resolution 1811 (2008), and resolution 1814 (2008), and the statements of its
               President, in particular those of 13 July 2006 (S/PRST/2006/31), 22 December 2006
               (S/PRST/2006/59), 30 April 2007 (S/PRST/2007/13), and 14 June 2007
               (S/PRST/2007/19), and recalling also its resolution 1730 (2006) on general issues
               relating to sanctions,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia,
                    Underlining the importance of providing and maintaining stability and security
               throughout Somalia,
                     Reaffirming its condemnation of all acts of violence in Somalia and incitement
               to violence inside Somalia, and expressing its concern at all acts intended to prevent
               or block a peaceful political process,
                     Expressing its grave concern over the recent increase in acts of piracy and
               armed robbery at sea against vessels off the coast of Somalia, and noting the role
               piracy may play in financing embargo violations by armed groups, as described in
               the statement of 9 October 2008 by the Chairman of the Committee established
               pursuant to resolution 751 (1992) (hereinafter “the Committee”) to the Security
               Council,
                     Emphasizing the continued contribution made to Somalia’s peace and security
               by the arms embargo imposed by paragraph 5 of resolution 733 (1992), as
               elaborated and amended by resolutions 1356 (2001), 1425 (2002), 1725 (2006),
               1744 (2007) and 1772 (2007), and reiterating its demand that all Member States, in
               particular those in the region, comply fully with the requirements of these
               resolutions,

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                     Recalling its intention, outlined in paragraph 6 of resolution 1814 (2008), to
               take measures against those who seek to prevent or block a peaceful political
               process, or those who threaten the Transitional Federal Institutions (TFIs) of
               Somalia or the African Union Mission in Somalia (AMISOM) by force, or take
               action that undermines stability in Somalia or the region,
                    Further recalling its intention to strengthen the effectiveness of the United
               Nations arms embargo on Somalia, outlined in paragraph 7 of resolution 1814
               (2008), and to take measures against those who breach the arms embargo, and those
               who support them in doing so,
                     Recalling also its request, outlined in paragraphs 6 and 7 of resolution 1814
               (2008), to the Committee to provide recommendations on specific targeted measures
               to be imposed against such individuals or entities,
                  Taking note of the letter of 1 August 2008 from the Vice-Chairman of the
               Committee to the President of the Security Council,
                     Determining that the situation in Somalia continues to constitute a threat to
               international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.    Decides that all Member States shall take the necessary measures to
               prevent the entry into or transit through their territories of individuals designated by
               the Committee pursuant to paragraph 8 below, provided that nothing in this
               paragraph shall oblige a State to refuse its own nationals entry into its territory;
                    2.    Decides that the measures imposed by paragraph 1 above shall not apply:
                     (a) where the Committee determines on a case-by-case basis that such travel
               is justified on the grounds of humanitarian need, including religious obligation; or
                    (b) where the Committee determines on a case-by-case basis that an
               exemption would otherwise further the objectives of peace and national
               reconciliation in Somalia and stability in the region;
                     3.    Decides that all Member States shall freeze without delay the funds,
               other financial assets and economic resources which are on their territories, which
               are owned or controlled, directly or indirectly, by the individuals or entities
               designated by the Committee pursuant to paragraph 8 below, or by individuals or
               entities acting on their behalf or at their direction, or by entities owned or controlled
               by them, as designated by the Committee, and decides further that all Member
               States shall ensure that any funds, financial assets or economic resources are
               prevented from being made available by their nationals or by any individuals or
               entities within their territories, to or for the benefit of such individuals or entities;
                    4.    Decides that the measures imposed by paragraph 3 above do not apply to
               funds, other financial assets or economic resources that have been determined by
               relevant Member States:
                     (a) to be necessary for basic expenses, including payment for foodstuffs, rent
               or mortgage, medicines and medical treatment, taxes, insurance premiums, and
               public utility charges or exclusively for payment of reasonable professional fees and
               reimbursement of incurred expenses associated with the provision of legal services,
               or fees or service charges, in accordance with national laws, for routine holding or

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           maintenance of frozen funds, other financial assets and economic resources, after
           notification by the relevant State to the Committee of the intention to authorize,
           where appropriate, access to such funds, other financial assets or economic
           resources, and in the absence of a negative decision by the Committee within three
           working days of such notification;
                (b) to be necessary for extraordinary expenses, provided that such
           determination has been notified by the relevant State or Member States to the
           Committee and has been approved by the Committee; or
                 (c) to be the subject of a judicial, administrative or arbitral lien or
           judgement, in which case the funds, other financial assets and economic resources
           may be used to satisfy that lien or judgement provided that the lien or judgement
           was entered into prior to the date of the present resolution, is not for the benefit of a
           person or entity designated pursuant to paragraph 3 above, and has been notified by
           the relevant State or Member States to the Committee;
                 5.    Decides that Member States may permit the addition to the accounts
           frozen pursuant to the provisions of paragraph 3 above of interests or other earnings
           due on those accounts or payments due under contracts, agreements or obligations
           that arose prior to the date on which those accounts became subject to the provisions
           of this resolution, provided that any such interest, other earnings and payments
           continue to be subject to these provisions and are frozen;
                6.    Reaffirms the general and complete arms embargo against Somalia
           imposed by resolution 733 (1992), as elaborated and amended by resolutions 1356
           (2001), 1425 (2002), 1725 (2006), 1744 (2007) and 1772 (2007);
                 7.   Decides that all Member States shall take the necessary measures to
           prevent the direct or indirect supply, sale or transfer of weapons and military
           equipment and the direct or indirect supply of technical assistance or training,
           financial and other assistance including investment, brokering or other financial
           services, related to military activities or to the supply, sale, transfer, manufacture,
           maintenance or use of weapons and military equipment, to the individuals or entities
           designated by the Committee pursuant to paragraph 8 below;
                 8.   Decides that the provisions of paragraphs 1, 3 and 7 above shall apply to
           individuals, and that the provisions of 3 and 7 above shall apply to entities,
           designated by the Committee;
                 (a) as engaging in or providing support for acts that threaten the peace,
           security or stability of Somalia, including acts that threaten the Djibouti Agreement
           of 18 August 2008 or the political process, or threaten the TFIs or AMISOM by
           force;
                 (b) as having acted in violation of the general and complete arms embargo
           reaffirmed in paragraph 6 above;
                (c) as obstructing the delivery of humanitarian assistance to Somalia, or
           access to, or distribution of, humanitarian assistance in Somalia;
                9.   Decides that the measures outlined in paragraphs 1, 3 and 7 above cease
           to apply in respect of such individuals or entities if, and at such time as the
           Committee removes them from the list of designated individuals and entities;

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S/RES/1844 (2008)

                    10. Underlines the importance of co-ordination by the Committee with other
               United Nations Sanctions Committees and with the Special Representative of the
               Secretary-General;
                     11. Decides further to expand the mandate of the Committee as set out in
               resolution 751(1992) to include the following tasks:
                     (a) to monitor, with the support of the Monitoring Group established
               pursuant to resolution 1519 (2003), implementation of the measures imposed in
               paragraphs 1, 3 and 7 above, in addition to the general and complete arms embargo
               reaffirmed in paragraph 6 above;
                    (b) to seek from all Member States, in particular those in the region,
               information regarding the actions taken by them to implement effectively the
               measures imposed by paragraphs 1, 3 and 7 above and whatever further information
               it may consider useful in this regard;
                    (c) to examine information regarding alleged violations of measures imposed
               by paragraphs 1, 3 and 7 above, paragraph 5 of resolution 733 (1992) and
               paragraphs 1 and 2 of resolution 1425 (2002), and take appropriate action if
               necessary;
                    (d) to designate individuals and entities pursuant to paragraphs 3 and 8
               above, upon the request of Member States as referred to in paragraph 12 below;
                    (e) to consider and decide upon requests for exemptions set out in
               paragraphs 2 and 4 above;
                    (f) to review regularly the list of individuals and entities designated by the
               Committee pursuant to paragraphs 3 and 8 above, with a view to keeping the list as
               updated and accurate as possible and to confirm that listing remains appropriate, and
               to encourage Member States to provide any additional information whenever such
               information becomes available;
                    (g) to report at least every 120 days to the Security Council on its work and
               on the implementation of this resolution, with its observations and
               recommendations, in particular on ways to strengthen the effectiveness of the
               measures imposed by paragraphs 1, 3 and 7 above;
                     (h) to identify possible cases of non-compliance with the measures pursuant
               to paragraphs 1, 3, and 7 above and to determine the appropriate course of action on
               each case, and requests the Chairman, in periodic reports to the Council pursuant to
               paragraph 11 (g) above to provide progress reports on the Committee’s work on this
               issue;
                    (i) to amend its existing guidelines to facilitate the implementation of the
               measures imposed by this resolution and keep these guidelines under active review
               as may be necessary;

               Listing
                      12. Encourages Member States to submit to the Committee for inclusion on
               its list of designees, names of individuals or entities who meet the criteria set out in
               paragraph 8 above, as well as any entities owned or controlled, directly or indirectly,
               by the submitted individuals or entities or individuals or entities acting on behalf of
               or at the direction of the submitted entities;

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                                                                                S/RES/1844 (2008)

                 13. Decides that, when proposing names to the Committee for listing,
           Member States shall provide a detailed statement of case, together with sufficient
           identifying information to allow for the positive identification of individuals and
           entities by Member States, and decides further that for each such proposal Member
           States shall identify those parts of the statement of case that may be publicly
           released, including for use by the Committee for development of the summary
           described in paragraph 14 below or for the purpose of notifying or informing the
           listed individual or entity, and those parts which may be released upon request to
           interested States;
                  14. Directs the Committee in coordination with the relevant designating
           States and with the assistance of the Monitoring Group, after a name is added to the
           list, to make accessible on the Committee’s website a narrative summary of reasons
           for listing;
                 15. Decides that the Secretariat shall, after publication but within one week
           after a name is added to the list of individuals and entities, notify the Permanent
           Mission of the country or countries where the individual or entity is believed to be
           located and, in the case of individuals, the country of which the person is a national
           (to the extent this information is known) and to include with this notification a copy
           of the publicly releasable portion of the statement of case, any information on
           reasons for listing available on the Committee’s website, a description of the effects
           of designation, the Committee’s procedures for considering delisting requests, and
           the provisions regarding available exemptions;
                16. Demands that Member States receiving notification as in paragraph 15
           above take, in accordance with their domestic laws and practices, all possible
           measures to notify or inform in a timely manner the listed individual or entity of the
           designation, together with the information provided by the Secretariat as set out in
           paragraph 15 above;
                 17. Encourages Member States receiving notification as in paragraph 15
           above to inform the Committee on steps they have taken to implement the measures
           set out in paragraphs 1, 3 and 7 above;

           Delisting
                18. Welcomes the establishment within the Secretariat of the Focal Point,
           pursuant to resolution 1730 (2006), that provides listed individuals, groups,
           undertakings or entities with the option to submit a petition for de-listing directly to
           the Focal Point;
                19. Urges designating States and States of citizenship and residence to
           review de-listing petitions received through the Focal Point, in accordance with the
           procedures outlined in the annex to resolution 1730 (2006), in a timely manner and
           to indicate whether they support or oppose the request in order to facilitate the
           Committee’s review;
                20. Directs the Committee to consider requests, in accordance with its
           guidelines, for the removal from the Committee’s list of designees those who no
           longer meet the criteria pursuant to this resolution;
               21. Decides that the Secretariat shall, within one week after a name is
           removed from the Committee’s list of designees, notify the Permanent Mission of

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S/RES/1844 (2008)

               the country or countries where the individual or entity is believed to be located and,
               in the case of individuals, the country of which the person is a national (to the extent
               this information is known), and demands that States receiving such notification take
               measures, in accordance with their domestic laws and practices, to notify or inform
               the concerned individual or entity of the delisting in a timely manner;
                    22. Encourages the Committee to ensure that fair and clear procedures exist
               for placing individuals and entities on the Committee’s list of designees and for
               removing them as well as for granting humanitarian exemptions;
                    23. Decides that the mandate of the Monitoring Group, as set out in
               paragraph 3 of resolution 1811 (2008) shall also include the tasks outlined below:
                     (a) to assist the Committee in monitoring implementation of this resolution
               by providing any information on violations, of the measures imposed in paragraphs
               1, 3 and 7 above, in addition to the general and complete arms embargo reaffirmed
               in paragraph 6 above;
                    (b) to include in its reports to the Committee any information relevant to the
               Committee’s designation of the individuals and entities described in paragraph 8
               above;
                    (c) to assist the Committee in compiling narrative summaries referred to in
               paragraph 14 above;
                   24. Reminds all Member States of their obligation to implement strictly the
               measures imposed by this and all relevant resolutions;
                    25. Decides that all Member States shall report to the Committee within
               120 days of the adoption of this resolution on the steps they have taken with a view
               to implementing effectively paragraphs 1 to 7 above;
                    26. Decides to review the measures outlined in paragraphs 1, 3 and 7 above,
               within 12 months;
                    27.   Decides to remain actively seized of the matter.

6                                                                                08-61131

Security Council resolution 1844 (2008) [on arms embargo against Somalia and on further measures on individuals and entities designated by the Security Council Committee Established pursuant to Resolution 751 (1992)]

UN. Security Council Committee Established pursuant to Resolution 751 (1992) concerning Somalia|African Union Mission in Somalia|Somalia. Transitional Federal Institutions|UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) and 1907 (2009)|UN. Special Representative of the Secretary-General for Somalia and Head of the United Nations Political Office for Somalia|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|ARMS EMBARGO|SOMALIA|SOMALIA SITUATION|SANCTIONS COMPLIANCE|TRAVEL RESTRICTIONS|FROZEN ASSETS|ARMS TRANSFERS|NOTIFICATION (INTERNATIONAL RELATIONS)|PERMANENT MISSIONS|COORDINATION WITHIN UN SYSTEM|FOCAL POINTS|GUIDELINES


               United Nations                                                                  S/RES/1846 (2008)
               Security Council                                                Distr.: General
                                                                               2 December 2008

               Resolution 1846 (2008)
               Adopted by the Security Council at its 6026th meeting, on
               2 December 2008

                    The Security Council,
                    Recalling its previous resolutions concerning the situation in Somalia,
               especially resolutions 1814 (2008), 1816 (2008) and 1838 (2008),
                     Continuing to be gravely concerned by the threat that piracy and armed
               robbery at sea against vessels pose to the prompt, safe and effective delivery of
               humanitarian aid to Somalia, to international navigation and the safety of
               commercial maritime routes, and to other vulnerable ships, including fishing
               activities in conformity with international law,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia,
                     Further reaffirming that international law, as reflected in the United Nations
               Convention on the Law of the Sea of 10 December 1982 (“the Convention”), sets
               out the legal framework applicable to combating piracy and armed robbery at sea, as
               well as other ocean activities,
                     Taking into account the crisis situation in Somalia, and the lack of capacity of
               the Transitional Federal Government (“TFG”) to interdict pirates or patrol and
               secure either the international sea lanes off the coast of Somalia or Somalia’s
               territorial waters,
                     Taking note of the requests from the TFG for international assistance to
               counter piracy off its coasts, including the 1 September 2008 letter from the
               President of Somalia to the Secretary-General of the United Nations expressing the
               appreciation of the TFG to the Security Council for its assistance and expressing the
               TFG’s willingness to consider working with other States and regional organizations
               to combat piracy and armed robbery at sea off the coast of Somalia, the
               20 November 2008 letter conveying the request of the TFG that the provisions of
               resolution 1816 (2008) be renewed, and the 20 November request of the Permanent
               Representative of Somalia before the Security Council that the renewal be for an
               additional 12 months,
                    Further taking note of the letters from the TFG to the Secretary-General
               providing advance notification with respect to States cooperating with the TFG in

08-63029 (E)
*0863029*

S/RES/1846 (2008)

               the fight against piracy and armed robbery at sea off the coast of Somalia and from
               other Member States to the Security Council to inform the Council of their actions,
               as requested in paragraphs 7 and 12 of resolution 1816 (2008), and encouraging
               those cooperating States, for which advance notification has been provided by the
               TFG to the Secretary-General, to continue their respective efforts,
                    Expressing again its determination to ensure the long-term security of World
               Food Programme (WFP) maritime deliveries to Somalia,
                     Recalling that in its resolution 1838 (2008) it commended the contribution
               made by some States since November 2007 to protect (WFP) maritime convoys, and
               the establishment by the European Union (EU) of a coordination unit with the task
               of supporting the surveillance and protection activities carried out by some member
               States of the European Union off the coast of Somalia, as well as other international
               and national initiatives taken with a view to implementing resolutions 1814 (2008)
               and 1816 (2008),
                     Emphasizing that peace and stability within Somalia, 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 full eradication of piracy and
               armed robbery at sea off the coast of Somalia,
                    Welcoming the signing of a peace and reconciliation Agreement (“the Djibouti
               Agreement”) between the TFG and the Alliance for the Re-Liberation of Somalia on
               19 August 2008, as well as their signing of a joint ceasefire agreement on
               26 October 2008, noting that the Djibouti Agreement calls for the United Nations to
               authorize and deploy an international stabilization force, and further noting the
               Secretary-General’s report on Somalia of 17 November 2008, including his
               recommendations in this regard,
                    Commending the key role played by the African Union Mission to Somalia
               (AMISOM) in facilitating delivery of humanitarian assistance to Somalia through
               the port of Mogadishu and the contribution that AMISOM has made towards the
               goal of establishing lasting peace and stability in Somalia, and recognizing
               specifically the important contributions of the Governments of Uganda and Burundi
               to Somalia,
                      Welcoming the organization of a ministerial meeting of the Security Council in
               December 2008 to examine ways to improve international coordination in the fight
               against piracy and armed robbery off the coast of Somalia and to ensure that the
               international community has the proper authorities and tools at its disposal to assist
               it in these efforts,
                     Determining that the incidents of piracy and armed robbery against vessels in
               the territorial waters of Somalia and the high seas off the coast of Somalia
               exacerbate the situation in Somalia which continues to constitute a threat to
               international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.   Reiterates that it condemns and deplores all acts of piracy and armed
               robbery against vessels in territorial waters and the high seas off the coast of
               Somalia;

2                                                                                08-63029

                                                                                S/RES/1846 (2008)

                 2.    Expresses its concern over the finding contained in the 20 November
           2008 report of the Monitoring Group on Somalia that escalating ransom payments
           are fuelling the growth of piracy off the coast of Somalia;
                 3.   Welcomes the efforts of the International Maritime Organization (“IMO”)
           to update its guidance and recommendations to the shipping industry and to
           Governments for preventing and suppressing piracy and armed robbery at sea and to
           provide this guidance as soon as practicable to all Member States and to the
           international shipping community operating off the coast of Somalia;
                4.    Calls upon States, in cooperation with the shipping industry, the
           insurance industry and the IMO, to issue to ships entitled to fly their flag
           appropriate advice and guidance on avoidance, evasion, and defensive techniques
           and measures to take if under the threat of attack or attack when sailing in the
           waters off the coast of Somalia;
                5.     Further calls upon States and interested organizations, including the
           IMO, to provide technical assistance to Somalia and nearby coastal States upon their
           request to enhance the capacity of these States to ensure coastal and maritime
           security, including combating piracy and armed robbery at sea off the Somali and
           nearby coastlines;
                 6.   Welcomes initiatives by Canada, Denmark, France, India, the
           Netherlands, the Russian Federation, Spain, the United Kingdom, the United States
           of America, and by regional and international organizations to counter piracy off the
           coast of Somalia pursuant to resolutions 1814 (2008), 1816 (2008) and 1838 (2008),
           the decision by the North Atlantic Treaty Organization (NATO) to counter piracy off
           the Somalia coast, including by escorting vessels of the WFP, and in particular the
           decision by the EU on 10 November 2008 to launch, for a period of 12 months from
           December 2008, a naval operation to protect WFP maritime convoys bringing
           humanitarian assistance to Somalia and other vulnerable ships, and to repress acts of
           piracy and armed robbery at sea off the coast of Somalia;
                 7.    Calls upon States and regional organizations to coordinate, including by
           sharing information through bilateral channels or the United Nations, their efforts to
           deter acts of piracy and armed robbery at sea off the coast of Somalia in cooperation
           with each other, the IMO, the international shipping community, flag States, and the
           TFG;
                 8.    Requests the Secretary-General to present to it a report, no later than
           three months after the adoption of this resolution, on ways to ensure the long-term
           security of international navigation off the coast of Somalia, including the long-term
           security of WFP maritime deliveries to Somalia and a possible coordination and
           leadership role for the United Nations in this regard to rally Member States and
           regional organizations to counter piracy and armed robbery at sea off the coast of
           Somalia;
                 9.    Calls upon States and regional organizations that have the capacity to do
           so, to take part actively in the fight against piracy and armed robbery at sea off the
           coast of Somalia, in particular, consistent with this resolution and relevant
           international law, by deploying naval vessels and military aircraft, and through
           seizure and disposition of boats, vessels, arms and other related equipment used in
           the commission of piracy and armed robbery off the coast of Somalia, or for which
           there is reasonable ground for suspecting such use;

08-63029                                                                                3

S/RES/1846 (2008)

                     10. Decides that for a period of 12 months from the date of this resolution
               States and regional organizations cooperating with the TFG in the fight against
               piracy and armed robbery at sea off the coast of Somalia, for which advance
               notification has been provided by the TFG to the Secretary-General, may:
                     (a) Enter into the territorial waters of Somalia for the purpose of repressing
               acts of piracy and armed robbery at sea, in a manner consistent with such action
               permitted on the high seas with respect to piracy under relevant international
               law; and
                     (b) Use, within the territorial waters of Somalia, in a manner consistent with
               such action permitted on the high seas with respect to piracy under relevant
               international law, all necessary means to repress acts of piracy and armed robbery
               at sea;
                    11. Affirms that the authorizations provided 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 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 following the receipt of the 20 November letter conveying the
               consent of the TFG;
                    12. Affirms that the measures imposed by paragraph 5 of resolution 733
               (1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002)
               do not apply to supplies of technical assistance to Somalia solely for the purposes
               set out in paragraph 5 above which have been exempted from those measures in
               accordance with the procedure set out in paragraphs 11 (b) and 12 of resolution
               1772 (2007);
                     13. Requests that cooperating States take appropriate steps to ensure that the
               activities they undertake pursuant to the authorization in paragraph 10 do not have
               the practical effect of denying or impairing the right of innocent passage to the ships
               of any third State;
                     14. 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 persons responsible for acts of piracy and armed robbery off the
               coast of Somalia, consistent with applicable international law including
               international human rights law, and to render assistance by, among other actions,
               providing disposition and logistics assistance with respect to persons under their
               jurisdiction and control, such victims and witnesses and persons detained as a result
               of operations conducted under this resolution;
                     15. Notes that the 1988 Convention for the Suppression of Unlawful Acts
               Against the Safety of Maritime Navigation (“SUA Convention”) provides for parties
               to create criminal offences, 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; urges States parties to the SUA
               Convention to fully implement their obligations under said Convention and
               cooperate with the Secretary-General and the IMO to build judicial capacity for the

4                                                                                08-63029

                                                                                S/RES/1846 (2008)

           successful prosecution of persons suspected of piracy and armed robbery at sea off
           the coast of Somalia;
                16. Requests States and regional organizations cooperating with the TFG to
           inform the Security Council and the Secretary-General within nine months of the
           progress of actions undertaken in the exercise of the authority provided in
           paragraph 10 above;
                17. Requests the Secretary-General to report to the Security Council within
           11 months of adoption of this resolution on the implementation of this resolution
           and on the situation with respect to piracy and armed robbery in territorial waters
           and the high seas off the coast of Somalia;
                 18. Requests the Secretary-General of the IMO to brief the Council on the
           basis of cases brought to his attention by the agreement of all affected coastal States,
           and duly taking into account the existing bilateral and regional cooperative
           arrangements, on the situation with respect to piracy and armed robbery;
                19. Expresses its intention to review the situation and consider, as
           appropriate, renewing the authority provided in paragraph 10 above for additional
           periods upon the request of the TFG;
                20.   Decides to remain seized of the matter.

08-63029                                                                                5

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]

Somalia. Transitional Federal Government|IMO|NATO|World Food Programme|European Union|UN|Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988)|Charter of the United Nations (1945). Chapter VII|PIRACY|ROBBERY|TERRITORIAL SEA|SOMALIA|MARITIME SECURITY|SOMALIA SITUATION|MARITIME TRAFFIC|CAPACITY BUILDING|TECHNICAL COOPERATION|REGIONAL ORGANIZATIONS|INTER-AGENCY COOPERATION|MARITIME LAW|INTERNATIONAL SHIPPING LEGISLATION|JURISDICTION OVER SHIPS AT SEA|PROSECUTION|INTERNATIONAL OBLIGATIONS

Eastern Europe|Northern America|Northern Europe|Southern Asia|Southern Europe|Sub-Saharan Africa|Western Europe


               United Nations                                                                 S/RES/1847 (2008)
               Security Council                                               Distr.: General
                                                                              12 December 2008

               Resolution 1847 (2008)
               Adopted by the Security Council at its 6038th meeting, on
               12 December 2008

                    The Security Council,
                    Welcoming the report of the Secretary-General of 28 November 2008
               (S/2008/744) on the United Nations operation in Cyprus,
                     Noting that the Government of Cyprus is agreed that in view of the prevailing
               conditions on the island it is necessary to keep the United Nations Peacekeeping
               force in Cyprus (UNFICYP) beyond 15 December 2008,
                     Echoing the Secretary-General’s firm belief that the responsibility for finding
               a solution lies first and foremost with the Cypriots themselves, stressing that there
               now exists an unprecedented opportunity to make decisive progress, and reaffirming
               the primary role of the United Nations in assisting the parties to bring the Cyprus
               conflict and division of the island to a comprehensive and durable settlement,
                    Welcoming the launch of fully fledged negotiations on 3 September 2008, the
               progress made so far, and the leaders’ joint statements,
                    Emphasizing the importance of all parties engaging fully, flexibly and
               constructively in those negotiations, in order to make decisive progress towards a
               comprehensive settlement based on a bicommunal, bizonal federation with political
               equality, as set out in the relevant Security Council resolutions,
                     Encouraging continued momentum in negotiations and the maintenance of
               goodwill and trust, looking forward to substantive progress and the full exploitation
               of the current opportunity, commending the Greek and Turkish Cypriot leaders for
               the political leadership they have shown so far, and welcoming the intention of the
               Secretary-General to keep the Council informed of further development and
               progress,
                     Welcoming the announcement of confidence building measures and the
               cancellation of military exercises, and looking forward to the implementation of
               these measures and agreement on and implementation of further steps to build trust
               between the communities,
                    Reaffirming the importance of continued crossings of the Green Line by
               Cypriots, reiterating its welcome for the opening of the Ledra Street crossing,
               encouraging the opening by mutual agreement of other crossing points, and noting

08-64526 (E)
*0864526*

S/RES/1847 (2008)

               in this context the commitment in the leaders’ joint statements to pursue the opening
               of the Limnitis/Yeşilirmak crossing point,
                     Convinced of the many important benefits for all Cypriots that would flow
               from a comprehensive and durable Cyprus settlement, and encouraging both sides
               clearly to explain these benefits, as well as the need for flexibility in order to secure
               them, to both communities well in advance of any eventual referenda,
                    Highlighting the supportive role the international community will continue to
               play in helping the Greek and Turkish Cypriot leaders to exploit fully the current
               opportunity,
                     Taking note of the assessment of the Secretary-General that the security
               situation on the island and along the Green Line remains generally stable,
               welcoming the decrease in the overall number of incidents involving the two sides
               and urging both sides to avoid any action, including restrictions on UNFICYP’s
               movements, which could lead to an increase in tension, undermine the good
               progress achieved so far, or damage the goodwill on the island,
                    Recalling the Secretary-General’s firm belief that the situation in the buffer
               zone would be improved if both sides accepted the 1989 aide memoire used by the
               United Nations,
                    Welcoming the progress made in proceeding with demining activities, echoing
               the Secretary’s General’s call for the remaining minefields to be cleared, and noting
               with concern that funding is urgently required by the Mine Action Centre beyond
               2008 to allow this work to continue beyond that period,
                    Welcoming the progress and continuation of the important activities of the
               Committee on Missing Persons, and trusting that this process will promote
               reconciliation between the communities,
                    Agreeing that an active and flourishing civil society is essential to the political
               process, welcoming all efforts to promote bicommunal contacts and events
               including, inter alia, on the part of all United Nations bodies on the island, and
               urging the two sides to promote the active engagement of civil society and the
               encouragement of cooperation between economic and commercial bodies and to
               remove all obstacles to such contacts,
                    Reaffirming the importance of the Secretary-General continuing to keep the
               operations of UNFICYP under close review while continuing to take into account
               developments on the ground and the views of the parties, and reverting to the
               Council with recommendations as appropriate for further adjustments to
               UNFICYP’s mandate, force levels and concept of operation as soon as warranted,
                    Welcoming the appointment of Alexander Downer as the Secretary-General’s
               Special Advisor with a mandate to assist the parties in the conduct of fully-fledged
               negotiations aimed at reaching a comprehensive settlement,
                    Echoing also the Secretary-General’s gratitude to the Government of Cyprus
               and the Government of Greece for their voluntary contributions to the funding of
               UNFICYP, and his request for further voluntary contributions from other countries
               and organizations,

2                                                                                08-64526

                                                                                S/RES/1847 (2008)

                Welcoming and encouraging efforts by the United Nations to sensitize
           peacekeeping personnel in the prevention and control of HIV/AIDS and other
           communicable diseases in all its peacekeeping operations,
               1.     Welcomes the analysis of developments on the ground over the last six
           months in the Secretary-General’s report, in accordance with his mandate;
                 2.  Welcomes also the launch of fully fledged negotiations on 3 September
           2008, and the prospect of a comprehensive and durable settlement that this has
           created;
                3.   Urges full exploitation of this opportunity, including by intensifying the
           momentum of negotiations, preserving the current atmosphere of trust and goodwill,
           and engaging in the process in a constructive and open manner;
                4.    Welcomes the announcement on confidence-building measures and the
           cancellation of military exercises, and looks forward to these measures being fully
           implemented as well as to agreement on further such steps, including the possible
           opening of other crossing points, as mentioned in the leaders’ joint statements;
                5.   Reaffirms all its relevant resolutions on Cyprus, in particular resolution
           1251 (1999) of 29 June 1999 and subsequent resolutions;
               6.    Expresses its full support for UNFICYP and decides to extend its
           mandate for a further period ending 15 June 2009;
                7.    Calls on both sides to continue to engage, as a matter of urgency and
           while respecting UNFICYP’s mandate, in consultations with UNFICYP on the
           demarcation of the buffer zone, and on the United Nations 1989 aide-memoire, with
           a view to reaching early agreement on outstanding issues;
                8.     Calls on the Turkish Cypriot side and Turkish forces to restore in
           Strovilia the military status quo which existed there prior to 30 June 2000;
                 9.    Requests the Secretary-General to submit a report on implementation of
           this resolution by 1 June 2009 and to keep the Security Council updated on events
           as necessary;
                10. Welcomes the efforts being undertaken by UNFICYP to implement the
           Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to
           ensure full compliance of its personnel with the United Nations code of conduct,
           requests the Secretary-General to continue to take all necessary action in this regard
           and to keep the Security Council informed, and urges troop-contributing countries to
           take appropriate preventive action including the conduct of predeployment
           awareness training, and to take disciplinary action and other action to ensure full
           accountability in cases of such conduct involving their personnel;
                11.   Decides to remain seized of the matter.

08-64526                                                                                3

Security Council resolution 1847 (2008) [on extension of the mandate of the UN Peacekeeping Force in Cyprus (UNFICYP)]

S/63 [42] CYPRUS QUESTION
S/63 [43] UN PEACEKEEPING FORCE IN CYPRUS

UN Peacekeeping Force in Cyprus|UN. Security Council (54th year : 1999) > Resolutions and decisions|UN. Committee on Missing Persons in Cyprus|UN. Special Adviser of the Secretary-General on Cyprus|PEACEKEEPING OPERATIONS|CONFIDENCE-BUILDING MEASURES|DISAPPEARANCE OF PERSONS|CYPRUS|CYPRUS QUESTION|NEGOTIATION|GOOD OFFICES|TURKISH CYPRIOT COMMUNITY|GREEK CYPRIOT COMMUNITY|MINE CLEARANCE|MILITARY ACTIVITY|CIVIL SOCIETY|SEX CRIMES|CODES OF CONDUCT|ACCOUNTABILITY|TRAINING PROGRAMMES


               United Nations                                                                  S/RES/1848 (2008)
               Security Council                                                Distr.: General
                                                                               12 December 2008

               Resolution 1848 (2008)
               Adopted by the Security Council at its 6039th meeting, on
               12 December 2008

                    The Security Council,
                     Having considered the report of the Secretary-General on the United Nations
               Disengagement Observer Force of 26 November 2008 (S/2008/737), and also
               reaffirming its resolution 1308 (2000) of 17 July 2000,
                    1.   Calls upon the parties concerned to implement immediately its resolution
               338 (1973) of 22 October 1973;
                     2.   Welcomes the efforts being undertaken by the United Nations
               Disengagement Observer Force to implement the Secretary-General’s zero-tolerance
               policy on sexual exploitation and abuse and to ensure full compliance of its
               personnel with the United Nations code of conduct, requests the Secretary-General
               to continue to take all necessary action in this regard and to keep the Security
               Council informed, and urges troop-contributing countries to take preventive and
               disciplinary action to ensure that such acts are properly investigated and punished in
               cases involving their personnel;
                    3.   Decides to renew the mandate of the United Nations Disengagement
               Observer Force for a period of six months, that is, until 30 June 2009;
                     4.   Requests the Secretary-General to submit, at the end of this period, a
               report on developments in the situation and the measures taken to implement
               resolution 338 (1973).

08-64502 (E)
*0864502*

Security Council resolution 1848 (2008) [on extension of the mandate of the UN Disengagement Observer Force (UNDOF)]

S/63 [54] MIDDLE EAST SITUATION
S/63 [55] UN DISENGAGEMENT OBSERVER FORCE

UN. Security Council (28th year : 1973) > Resolutions and decisions|UN Disengagement Observer Force|TRUCE SUPERVISION|MIDDLE EAST|MIDDLE EAST SITUATION|SEX CRIMES|CODES OF CONDUCT|TROOP-CONTRIBUTING STATES


               United Nations                                                                     S/RES/1849 (2008)
               Security Council                                                 Distr.: General

                                                                                12 December 2008

               Resolution 1849 (2008)
               Adopted by the Security Council at its 6040th meeting, on
               12 December 2008

                    The Security Council,
                    Taking note of the letter to the President of the Council from the Secretary-General dated 5 December 2008, attaching the letter to him from the President of
               the International Tribunal for the former Yugoslavia dated 26 November 2008
               (S/2008/767),
                     Recalling its resolution 1800 (2008) of 20 February 2008, which permitted the
               total number of ad litem Judges appointed at any one time to the Chambers of the
               International Tribunal for the former Yugoslavia (“International Tribunal”) to be
               increased to sixteen until 31 December 2008,
                     Noting that the International Tribunal currently has a total of 14 ad litem
               Judges assigned to cases; that three of them are assigned in a case where the
               judgment delivery is expected by 12 February 2009, and that the appointment of a
               further ad litem Judge to another case expected to commence on 15 December 2008
               would take the total number of ad litem Judges to fifteen until 12 February 2009,
                     Recalling that resolution 1503 (2003) of 28 August 2003 called upon the
               International Tribunal to take all possible measures to complete investigations by
               the end of 2004, to complete all trial activities at first instance by the end of 2008,
               and to complete all work in 2010, and that resolution 1534 (2004) of 26 March 2004
               emphasized the importance of fully implementing the International Tribunal’s
               completion strategy,
                    Convinced of the advisability of extending this exceptional authorization
               granted to the Secretary-General in resolution 1800 (2008) as a temporary measure
               to enable the International Tribunal to complete and conduct additional trials as
               soon as possible in order to meet its completion strategy,
                    Acting under Chapter VII of the Charter of the United Nations,
                     Decides that the Secretary-General may appoint, within existing resources,
               additional ad litem Judges upon request of the President of the International
               Tribunal in order to complete existing trials or conduct additional trials,
               notwithstanding that the total number of ad litem Judges appointed to the Chambers
               will from time to time temporarily exceed the maximum of twelve provided for in

08-64851 (E)
*0864851*

S/RES/1849 (2008)

               article 12 (1) of the Statute of the International Tribunal, to a maximum of sixteen at
               any one time, returning to a maximum of twelve by 28 February 2009,
                    Decides to remain seized of the matter.

2                                                                                08-64851

Security Council resolution 1849 (2008) [on appointment of additional ad litem judges to the International Criminal Tribunal for the former Yugoslavia (ICTY)]

S/63 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/63 [60] FORMER YUGOSLAVIA SITUATION

International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991|Charter of the United Nations (1945). Chapter VII|JUDGES|APPOINTMENT OF OFFICIALS|INTERNATIONAL CRIMINAL COURTS|FORMER YUGOSLAVIA SITUATION


               United Nations                                                                   S/RES/1850 (2008)
               Security Council                                                 Distr.: General
                                                                                16 December 2008

               Resolution 1850 (2008)
               Adopted by the Security Council at its 6045th meeting, on
               16 December 2008

                    The Security Council,
                    Recalling all its previous relevant resolutions, in particular resolutions 242,
               338, 1397, and 1515 and the Madrid principles,
                    Reiterating its vision of a region where two democratic States, Israel and
               Palestine, live side by side in peace within secure and recognized borders,
                    Welcoming the 9 November 2008 statement from the Quartet and the Israeli-Palestinian Joint Understanding announced at the November 2007 Annapolis
               Conference, including in relation to implementation of the Performance-Based
               Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict,
                     Noting also that lasting peace can only be based on an enduring commitment
               to mutual recognition, freedom from violence, incitement, and terror, and the two-State
               solution, building upon previous agreements and obligations,
                    Noting the importance of the 2002 Arab Peace Initiative,
                     Encouraging the Quartet’s ongoing work to support the parties in their efforts
               to achieve a comprehensive, just and lasting peace in the Middle East,
                    1.    Declares its support for the negotiations initiated at Annapolis, Maryland
               on 27 November 2007 and its commitment to the irreversibility of the bilateral
               negotiations;
                     2.   Supports the parties’ agreed principles for the bilateral negotiating
               process and their determined efforts to reach their goal of concluding a peace treaty
               resolving all outstanding issues, including all core issues, without exception, which
               confirm the seriousness of the Annapolis process;
                    3.    Calls on both parties to fulfil their obligations under the Performance-Based Roadmap, as stated in their Annapolis Joint Understanding, and refrain from
               any steps that could undermine confidence or prejudice the outcome of negotiations;
                     4.   Calls on all States and international organizations to contribute to an
               atmosphere conducive to negotiations and to support the Palestinian government
               that is committed to the Quartet principles and the Arab Peace Initiative and respects
               the commitments of the Palestinian Liberation Organization, to assist in the

08-65359 (E)
*0865359*

S/RES/1850 (2008)

               development of the Palestinian economy, to maximize the resources available to the
               Palestinian Authority, and to contribute to the Palestinian institution-building
               programme in preparation for statehood;
                     5.   Urges an intensification of diplomatic efforts to foster in parallel with
               progress in the bilateral process mutual recognition and peaceful coexistence
               between all States in the region in the context of achieving a comprehensive, just
               and lasting peace in the Middle East;
                     6.    Welcomes the Quartet’s consideration, in consultation with the parties, of
               an international meeting in Moscow in 2009;
                    7.    Decides to remain seized of the matter.

2                                                                                08-65359

Security Council resolution 1850 (2008) [on implementation of the Quartet Performance-based Road Map to a Permanent Two-State Solution to the Israeli-Palestinian Conflict]

S/63 [50] PALESTINE QUESTION
S/63 [53] TERRITORIES OCCUPIED BY ISRAEL
S/63 [54] MIDDLE EAST SITUATION

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               United Nations                                                                  S/RES/1851 (2008)
               Security Council                                                Distr.: General
                                                                               16 December 2008

               Resolution 1851 (2008)
               Adopted by the Security Council at its 6046th meeting, on
               16 December 2008

                    The Security Council,
                    Recalling its previous resolutions concerning the situation in Somalia,
               especially resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), and
               1846 (2008),
                     Continuing to be gravely concerned by the dramatic increase in the incidents
               of piracy and armed robbery at sea off the coast of Somalia in the last six months,
               and by the threat that piracy and armed robbery at sea against vessels pose to the
               prompt, safe and effective delivery of humanitarian aid to Somalia, and noting that
               pirate attacks off the coast of Somalia have become more sophisticated and daring
               and have expanded in their geographic scope, notably evidenced by the hijacking of
               the M/V Sirius Star 500 nautical miles off the coast of Kenya and subsequent
               unsuccessful attempts well east of Tanzania,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia, including Somalia’s rights with respect to
               offshore natural resources, including fisheries, in accordance with international law,
                     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 in Somalia, and the lack of
               capacity of the Transitional Federal Government (TFG) to interdict, or upon
               interdiction to prosecute pirates or to patrol and secure the waters off the coast of
               Somalia, including the international sea lanes and Somalia’s territorial waters,
                     Noting the several requests from the TFG for international assistance to
               counter piracy off its coast, including the letter of 9 December 2008 from the
               President of Somalia requesting the international community to assist the TFG in
               taking all necessary measures to interdict those who use Somali territory and
               airspace to plan, facilitate or undertake acts of piracy and armed robbery at sea, and
               the 1 September 2008 letter from the President of Somalia to the Secretary-General
               of the UN expressing the appreciation of the TFG to the Security Council for its
               assistance and expressing the TFG’s willingness to consider working with other

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S/RES/1851 (2008)

               States and regional organizations to combat piracy and armed robbery off the coast
               of Somalia,
                     Welcoming the launching of the EU operation Atalanta to combat piracy off the
               coast of Somalia and to protect vulnerable ships bound for Somalia, as well as the
               efforts by the North Atlantic Treaty Organization, and other States acting in a
               national capacity in cooperation with the TFG to suppress piracy off the coast of
               Somalia,
                     Also welcoming the recent initiatives of the Governments of Egypt, Kenya, and
               the Secretary-General’s Special Representative for Somalia, 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
               Somalia, and emphasizing the need for current and future counter-piracy operations
               to effectively coordinate their activities,
                     Noting with concern that the lack of capacity, domestic legislation, and clarity
               about how to dispose of pirates after their capture, has hindered more robust
               international action against the pirates off the coast of Somalia and in some cases
               led to pirates being released without facing justice, and reiterating that the 1988
               Convention for the Suppression of Unlawful Acts Against the Safety of Maritime
               Navigation (“SUA Convention”) provides for parties to create criminal offences,
               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,
                     Welcoming the report of the Monitoring Group on Somalia of 20 November
               2008 (S/2008/769), and noting the role piracy may play in financing embargo
               violations by armed groups,
                     Determining that the incidents of piracy and armed robbery at sea in the waters
               off the coast of Somalia exacerbate the situation in Somalia which continues to
               constitute a threat to international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.   Reiterates that it condemns and deplores all acts of piracy and armed
               robbery against vessels in waters off the coast of Somalia;
                     2.    Calls upon States, regional and international organizations that have the
               capacity to do so, to take part actively in the fight against piracy and armed robbery
               at sea off the coast of Somalia, in particular, consistent with this resolution,
               resolution 1846 (2008), and international law, by deploying naval vessels and
               military aircraft and through seizure and disposition 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;
                    3.    Invites all States and regional organizations fighting piracy off the coast
               of Somalia to conclude special agreements or arrangements with countries willing to
               take custody of pirates in order to embark law enforcement officials (“shipriders”)
               from the latter countries, in particular countries in the region, to facilitate the
               investigation and prosecution of persons detained as a result of operations
               conducted under this resolution for acts of piracy and armed robbery at sea off the
               coast of Somalia, provided that the advance consent of the TFG is obtained for the

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           exercise of third state jurisdiction by shipriders in Somali territorial waters and that
           such agreements or arrangements do not prejudice the effective implementation of
           the SUA Convention;
                 4.    Encourages all States and regional organizations fighting piracy and
           armed robbery at sea off the coast of Somalia to establish an international
           cooperation mechanism 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 Somalia’s coast; and recalls that future
           recommendations on ways to ensure the long-term security of international
           navigation off the coast of Somalia, including the long-term security of WFP
           maritime deliveries to Somalia and a possible coordination and leadership role for
           the United Nations in this regard to rally Member States and regional organizations
           to counter piracy and armed robbery at sea off the coast of Somalia are to be
           detailed in a report by the Secretary-General no later than three months after the
           adoption of resolution 1846;
                5.    Further encourages all states and regional organizations fighting piracy
           and armed robbery at sea off the coast of Somalia to consider creating a centre in the
           region to coordinate information relevant to piracy and armed robbery at sea off the
           coast of Somalia, to increase regional capacity with assistance of UNODC to
           arrange effective shiprider 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;
                 6.   In response to the letter from the TFG of 9 December 2008, encourages
           Member States to continue to cooperate with the TFG in the fight against piracy and
           armed robbery at sea, notes the primary role of the TFG in rooting out piracy and
           armed robbery at sea, and decides that for a period of twelve months from the date
           of adoption of resolution 1846, States and regional organizations cooperating in the
           fight against piracy and armed robbery at sea off the coast of Somalia for which
           advance notification has been provided by the TFG to the Secretary-General may
           undertake all necessary measures that are appropriate in Somalia, for the purpose of
           suppressing acts of piracy and armed robbery at sea, pursuant to the request of the
           TFG, provided, however, that any measures undertaken pursuant to the authority of
           this paragraph shall be undertaken consistent with applicable international
           humanitarian and human rights law;
                 7.    Calls on Member States to assist the TFG, at its request and with
           notification to the Secretary-General, to strengthen its operational capacity 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 stresses that any measures
           undertaken pursuant to this paragraph shall be consistent with applicable
           international human rights law;
                8.    Welcomes the communiqué issued by the International Conference on
           Piracy around Somalia held in Nairobi, Kenya, on 11 December 2008 and
           encourages Member States to work to enhance the capacity of relevant states in the
           region to combat piracy, including judicial capacity;

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S/RES/1851 (2008)

                     9.    Notes with concern the findings contained in the 20 November 2008
               report of the Monitoring Group on Somalia that escalating ransom payments are
               fuelling the growth of piracy in waters off the coast of Somalia, and that the lack of
               enforcement of the arms embargo established by resolution 733 (1992) has
               permitted ready access to the arms and ammunition used by the pirates and driven in
               part the phenomenal growth in piracy;
                     10. Affirms that the authorization provided 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 UNCLOS, 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 following the receipt of the 9 December 2008 letter conveying the consent of
               the TFG;
                     11. Affirms that the measures imposed by paragraph 5 of resolution 733
               (1992) and further elaborated upon by paragraphs 1 and 2 or resolution 1425 (2002)
               shall not apply to weapons and military equipment destined for the sole use of
               Member States and regional organizations undertaking measures in accordance with
               paragraph 6 above;
                    12. Urges States in collaboration with the shipping and insurance industries,
               and the IMO to continue to develop avoidance, evasion, and defensive best practices
               and advisories to take when under attack or when sailing in 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 port of call immediately following
               an act or attempted act of piracy or armed robbery at sea or release from captivity;
                    13.   Decides to remain seized of the matter.

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Security Council resolution 1851 (2008) [on fight against piracy and armed robbery at sea off the coast of Somalia]

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