               United Nations                                                                 S/RES/2074 (2012)
               Security Council                                               Distr.: General
                                                                              14 November 2012

               Resolution 2074 (2012)
               Adopted by the Security Council at its 6861st meeting, on
               14 November 2012

                    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, 1785 (2007) of 21 November
               2007, 1845 (2008) of 20 November 2008, 1869 (2009) of 25 March 2009, 1895
               (2009) of 18 November 2009, 1948 (2010) of 18 November 2010, and 2019 (2011)
               of 16 November 2011,
                     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 ALTHEA), 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

12-59074 (E)
*1259074*

S/RES/2074 (2012)

               and Herzegovina for their contributions to the implementation of the Peace
               Agreement,
                     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
               seventeen years since the signing of the Peace Agreement,
                    Recognizing that the security environment has remained calm and stable, and
               noting that the Bosnia and Herzegovina authorities have so far proven capable to
               deal with threats to the safe and secure environment,
                     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, reform
               oriented, modern and democratic European country,
                    Noting the reports of the High Representative, including his latest report of
               6 November 2012,
                     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,
                     Welcoming the reconfiguration of EUFOR ALTHEA, completed in September
               2012, with a reduced number of forces based in Bosnia and Herzegovina
               successfully focusing on capacity-building and training while also retaining the
               capability to contribute to the Bosnia and Herzegovina authorities’ deterrence
               capacity if the situation so requires, as well as the EU’s readiness, as confirmed in
               the conclusions of EU Foreign Ministers on 15 October 2012, to continue at this
               stage an executive military role to support Bosnia and Herzegovina’s efforts to
               maintain the safe and secure environment, under a renewed United Nations mandate,
               and also welcoming the EU’s willingness to continue discussions with the
               international community on the reconfiguration of the international presence in the
               appropriate forum,
                    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 ALTHEA will have the main peace stabilization role under the military
               aspects of the Peace Agreement (S/2004/916; S/2004/915),

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                                                                                S/RES/2074 (2012)

                 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 ALTHEA and the NATO Headquarters
           presence (S/2004/917),
                Welcoming the European Union’s increased engagement and reinforced role in
           Bosnia and Herzegovina and the continued engagement of NATO,
                 Welcoming the outcomes of the PIC Steering Board meeting held in Sarajevo
           on 22 and 23 May 2012, including the endorsement of the decision to close the
           Brcko Final Award Office, while reiterating once again its calls on the authorities in
           Bosnia and Herzegovina to complete the 5+2 agenda, which remains necessary for
           OHR closure, including issues of State and Defence property, as also confirmed by
           the PIC Steering Board communiqué of 23 May 2012,
                 Calling on all Bosnia and Herzegovina’s political leaders to refrain from
           divisive rhetoric and make further concrete and tangible progress towards EU
           integration,
                 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 in this regard that
           States and entities should cooperate fully with the International Tribunal, including
           through the provision of information to assist the Tribunal in its work, as well as
           with the International Residual Mechanism for Criminal Tribunals;
                 4.    Emphasizes its full support for the 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

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S/RES/2074 (2012)

               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;
                    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 ALTHEA 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 ALTHEA), and in the continued NATO
               presence, established in accordance with its resolution 1575 (2004) and extended
               with its resolutions 1639 (2005), 1722 (2006), 1785 (2007), 1845 (2008), 1895
               (2009), 1948 (2010), and 2019 (2011) and welcomes their willingness to assist the
               Parties to the Peace Agreement by continuing to deploy a multinational stabilization
               force (EUFOR ALTHEA) and by maintaining a continued NATO presence;
                   9.  Welcomes the EU’s intention to maintain an EU military operation
               (EUFOR ALTHEA) in Bosnia and Herzegovina from November 2012;
                     10. Authorizes the Member States acting through or in cooperation with the
               EU to establish for a further period of twelve months, starting from the date of the
               adoption of this resolution, a multinational stabilization force (EUFOR ALTHEA) 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 ALTHEA 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 ALTHEA
               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

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                                                                                S/RES/2074 (2012)

           with EUFOR ALTHEA 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 ALTHEA 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 ALTHEA 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,
           and relevant resolutions to IFOR and/or SFOR, NATO and the NAC shall be read as
           applying, as appropriate, to the NATO presence, EUFOR ALTHEA, 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 ALTHEA and the
           NATO presence as may be necessary to ensure implementation of those annexes and
           the protection of EUFOR ALTHEA and the NATO presence;
                 15. Authorizes Member States to take all necessary measures, at the request
           of either EUFOR ALTHEA or the NATO Headquarters, in defence of the EUFOR
           ALTHEA or NATO presence respectively, and to assist both organizations in
           carrying out their missions, and recognizes the right of both EUFOR ALTHEA 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 ALTHEA, 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 ALTHEA 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. Welcomes the contribution made by the EU Police Mission (EUPM),
           completed on 30 June 2012, towards the strengthening of the rule of law in Bosnia
           and Herzegovina;

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S/RES/2074 (2012)

                    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.

6                                                                                12-59074

Security Council resolution 2074 (2012) [on authorization of the establishment of a multinational stabilization force (EUFOR ALTHEA) as a legal successor to SFOR under unified command and control for a period of 12 months]

S/67 [62] BOSNIA AND HERZEGOVINA SITUATION
S/67 [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|High Representative for the Implementation of the Peace Agreement on Bosnia and Herzegovina|EUFOR|NATO|Stabilization Force|Agreement on Implementing the Federation of Bosnia and Herzegovina (1995)|Charter of the United Nations (1945). Chapter VII|PEACEKEEPING OPERATIONS|PEACEBUILDING|AIRSPACE|STAFF SECURITY|BOSNIA AND HERZEGOVINA|BOSNIA AND HERZEGOVINA SITUATION|FORMER YUGOSLAVIA SITUATION


               United Nations                                                                     S/RES/2075 (2012)
               Security Council                                                  Distr.: General
                                                                                16 November 2012

               Resolution 2075 (2012)
               Adopted by the Security Council at its 6864th meeting, on
               16 November 2012

                    The Security Council,
                     Recalling its previous resolutions and its presidential statements on the
               situation in Sudan and South Sudan, and in particular, resolutions 1990 (2011), 2024
               (2011), 2032 (2011), 2046 (2012), 2047 (2012), as well as presidential statement
               S/PRST/2012/19, and the Council’s press statements of 18 June 2012, 21 September
               2012, and 28 September 2012,
                     Reaffirming its strong commitment to the sovereignty, independence, unity,
               and territorial integrity of Sudan and South Sudan, and to the purposes and the
               principles of the United Nations Charter, and recalling the importance of the
               principles of good neighbourliness, non-interference and regional cooperation,
                    Reiterating that the territorial boundaries of states shall not be altered by force,
               and that any territorial disputes shall be settled exclusively by peaceful means,
                     Affirming the priority it attaches to the full and urgent implementation of all
               outstanding issues from the Comprehensive Peace Agreement,
                     Reaffirming its previous resolutions 1674 (2006) and 1894 (2009) on the
               protection of civilians in armed conflict, 1612 (2005), 1882 (2009), 1998 (2011) on
               children and armed conflict, 1502 (2003) on the protection of humanitarian and
               United Nations personnel, and 1325 (2000), 1820 (2008), 1888 (2009), and 1889
               (2009) and 1960 (2010) on women peace and security,
                    Recalling the commitments made by the Government of Sudan and the
               Government of South Sudan in the 20 June 2011 Agreement between the
               Government of Sudan and the Sudan People’s Liberation Movement on Temporary
               Arrangements for the Administration and Security of the Abyei Area, the 29 June
               2011 Agreement between the Government of the Sudan and the Government of
               Southern Sudan on Border Security and the Joint Political and Security Mechanism,
               and the 30 July 2011 Agreement on the Border Monitoring Support Mission between
               the Government of Sudan and the Government of South Sudan, as well as the
               27 September Agreements on Cooperation and Security Arrangements reached by
               the Government of Sudan and the Government of South Sudan in Addis Ababa
               under the auspices of the AU High-Level Implementation Panel (AUHIP),

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S/RES/2075 (2012)

                     Expressing its full support for the efforts of the African Union on the situation
               between the Republic of Sudan and the Republic of South Sudan, in order to ease
               the current tension, facilitate the resumption of negotiations on post-secession
               relations and the normalization of their relations, recalling in this regard the AU
               Peace and Security Council Communiqués of 24 April and 24 October 2012,
               expressing its determination that the future status of Abyei shall be resolved by
               negotiations between the parties in a manner consistent with the CPA and not by the
               unilateral actions of either party, and calling upon all parties to engage
               constructively in the process mediated by the AU High-level Implementation Panel
               (AUHIP) toward final agreement of Abyei status,
                    Welcoming the commitments and efforts by the Government of Sudan and the
               Government of South Sudan to implement a Joint Border Verification and
               Monitoring Mechanism (JBVMM), in accordance with Council resolution 2046 and
               the AU Peace and Security Council Roadmap of 24 April 2012, but expressing
               concern that the parties have not yet reached agreement on modalities for its
               implementation,
                    Stressing that both countries will have much to gain if they show restraint and
               choose the path of dialogue instead of resorting to violence or provocations,
                     Commending the continued assistance provided to the parties by the AU Highlevel Implementation Panel, including its Chairman President Thabo Mbeki, former
               Presidents Abdulsalami Abubakar and Pierre Buyoya, the Chairperson of the
               Intergovernmental Authority on Development, Ethiopian Prime Minister
               Hailemariam Desalegn, the Special Envoy of the Secretary-General for Sudan and
               South Sudan, Haile Menkerios, and the United Nations Interim Security Force for
               Abyei (UNISFA) under the leadership of Lieutenant General Tadesse Werede
               Tesfay,
                    Commending the efforts of UNISFA in carrying out its mandate, including by
               its ongoing facilitation of peaceful migration throughout the Abyei Area and
               expressing its deep appreciation for the work of the troop-contributing countries,
                    Encouraged by the improvements in security and stability in Abyei Area since
               the deployment of UNISFA, and determined to prevent the recurrence of violence
               against or displacements of civilians and to avert inter-communal conflict,
                   Deeply concerned by delays in the establishment of the Abyei Area
               Administration, Council and Police,
                    Noting the lack of progress in establishing the Abyei Police Service, including
               a special unit to deal with particular issues related to nomadic migration,
                    Honouring the memory and the distinguished contributions to regional peace
               and security, and in particular, to peace between Sudan and South Sudan and to the
               peaceful settlement of the Abyei question, of the former Ethiopian Prime Minister
               and IGAD Chairperson Meles Zenawi,
                     Bearing in mind the importance of coherence of United Nations assistance in
               the region,
                    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 of its peacekeeping operations,

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                                                                                S/RES/2075 (2012)

                Stressing the need for effective human rights monitoring, and reiterating its
           concern at the lack of cooperation by the parties with the Secretary-General to this
           end,
                  Stressing the urgency of facilitating the delivery of humanitarian assistance to
           all affected communities in the Abyei area,
                 Affirming the importance of voluntary, safe, orderly return and sustainable
           reintegration of displaced persons, and of safe and cooperative migration seasons,
           and urging UNISFA to take measures as necessary to ensure security in the Abyei
           Area in accordance with its mandate,
                Concerned with the residual threat of landmines and explosive remnants of
           war in the Abyei Area, which hinders the safe return of displaced persons to their
           homes and safe migration,
                Recognizing that the current situation in Abyei and along the border between
           Sudan and South Sudan constitutes a serious threat to international peace and
           security,
                 Welcoming the steps taken by UNISFA towards the effective implementation of
           its mandate, including, inter alia, through conflict prevention, mediation and
           deterrence,
                 1.  Decides to extend until 31 May 2013 the mandate of the United Nations
           Interim Security Force for Abyei (UNISFA) as set out in paragraph 2 of resolution
           1990 (2011) and modified by resolution 2024 (2011), and acting under Chapter VII
           of the Charter of the United Nations, the tasks set out in paragraph 3 of resolution
           1990, and determines that for the purposes of paragraph 1 of resolution 2024 (2011),
           the Safe Demilitarized Border Zone (SDBZ) shall be defined as provided by the
           27 September 2012 Agreement on Security Arrangements between the Republic of
           the Sudan and the Republic of South Sudan;
                 2.   Welcomes the redeployment of Sudanese military and South Sudanese
           military and police personnel from the Abyei Area in compliance with resolution
           2046, and demands that the Government of Sudan redeploy the oil police in Diffra
           from the Abyei Area immediately and without preconditions, and reiterates, in
           accordance with relevant resolutions, in particular resolution 1990 and resolution
           2046, that the Abyei Area shall be demilitarized from any forces other than UNISFA
           and the Abyei Police Service;
                 3.   Demands that Sudan and South Sudan urgently finalize the establishment
           of the Abyei Area Administration and Council, including by resolving the deadlock
           over the Chairmanship of the Council, and constitute the Abyei Police Service, to
           enable it to take over policing functions throughout the Abyei Area, including the
           protection of oil infrastructure, in accordance with their commitments in the 20 June
           2011 Agreement;
                4.   Urges Sudan and South Sudan to make regular use of the Abyei Joint
           Oversight Committee to ensure steady progress on the implementation of the
           20 June 2011 Agreement, including the implementation of the AJOC decisions;
                 5.   Reiterates its decisions in resolution 2046 that Sudan and South Sudan
           shall unconditionally withdraw all of their armed forces to their side of the border in
           accordance with previously adopted Agreements, and activate the necessary border

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S/RES/2075 (2012)

               security mechanisms, namely the Joint Border Verification and Monitoring
               Mechanism and the Safe Demilitarized Border Zone (SDBZ), in accordance with the
               administrative and security map presented to the Parties by the AUHIP in November
               2011 as modified by the two Parties’ agreements signed 27 September in Addis
               Ababa, it being understood that this map in no way prejudices ongoing negotiations
               on the disputed areas and demarcation of the border, and to activate the ad hoc
               Committee, under the Joint Political and Security Mechanism;
                    6.    Urges the parties urgently to activate the JBVMM, establish the SDBZ
               and finalize a timeline for the redeployment of all armed forces to their side of the
               border, and calls on both parties to reconvene at the earliest opportunity and to reach
               agreement without further delay;
                     7.    Welcomes the Secretary-General’s efforts to assist the parties in the
               establishment of the temporary JBVMM headquarters in Asosa, Ethiopia and
               welcomes the deployment of national and international monitors to Asosa for
               participation in the JBVMM and UNISFA’s readiness to support the full deployment
               of the JBVMM;
                     8.    Expresses its intention to review as appropriate the mandate of UNISFA
               for possible reconfiguration of the mission in light of the compliance by Sudan and
               South Sudan with the decisions set forth in resolution 2046 and their commitments
               as set forth in the Agreements of 20 June, 29 June, 30 July 2011, and 27 September
               2012, including the redeployment of all forces from the Safe Demilitarized Border
               Zone, achieving full operational capability for the Joint Border Verification and
               Monitoring Mechanism, and completing the full demilitarization of the Abyei Area;
                    9.    Calls on all Member States, in particular Sudan and South Sudan, to
               ensure the free, unhindered and expeditious movement to and from Abyei and
               throughout the Safe Demilitarized Border Zone of all personnel, as well as
               equipment, provisions, supplies and other goods, including vehicles, aircraft, and
               spare parts, which are for the exclusive and official use of UNISFA;
                     10. Renews its call on Sudan and South Sudan to provide full support to the
               United Nations, including by promptly issuing visas to military, police and civilian
               United Nations personnel, including humanitarian personnel, without prejudice to
               their nationality, facilitating basing arrangements and flight clearances, and
               providing logistical support, and welcomes in this regard the signing of the Status of
               Forces Agreement by Sudan on 1 October 2012, and taking note that the revised
               proposal was presented to South Sudan on 5 October 2012, anticipates South
               Sudan’s taking similar action in response;
                     11. Recognizes the importance of the difficult living conditions affecting
               UNISFA peacekeeping personnel, notes the action being taken to address this
               situation, and urges the Secretary-General to continue to take the measures available
               to him to remediate this situation and better enable UNISFA to implement its
               mandate;
                    12. Demands that the Government of Sudan and the Government of South
               Sudan facilitate the deployment of the United Nations Mine Action Service to
               ensure JBVMM freedom of movement as well as the identification and clearance of
               mines in the Abyei Area and SDBZ;

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                                                                                S/RES/2075 (2012)

                  13. Demands that all parties involved provide humanitarian personnel with
           full, safe and unhindered access to civilians in need of assistance and all necessary
           facilities for their operations, in accordance with international law, including
           applicable international humanitarian law, and guiding principles of humanitarian
           assistance;
                 14. Requests the Secretary-General to ensure that effective human rights
           monitoring is carried out, and the results included in his reports to the Council, and
           calls upon the Government of Sudan and the Government of South Sudan to extend
           their full cooperation to the Secretary-General to this end, including by issuing visas
           to the concerned United Nations personnel;
                 15. Requests the Secretary-General to take the necessary measures to ensure
           full compliance of UNISFA with the United Nations zero-tolerance policy on sexual
           exploitation and abuses and to keep the Council informed if cases of such conduct
           occur;
                 16. Stresses that improved cooperation between the Government of Sudan
           and Government of South Sudan is also critical for peace, security and stability and
           the future relations between them;
                 17. Requests the Secretary-General to continue to inform the Council of
           progress in implementing UNISFA’s mandate in sixty-day intervals, and continue to
           bring to the Council’s immediate attention any serious violations of the abovereferenced agreements;
                18. Notes the Secretary-General’s efforts to ensure close cooperation among
           United Nations missions in the region, including UNISFA, UNMISS, and UNAMID,
           as well as his Special Envoy for Sudan and South Sudan, and requests him to
           continue this practice;
                19.   Decides to remain actively seized of this matter.

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Security Council resolution 2075 (2012) [on extension of the mandate of the UN Interim Security Force for Abyei (UNISFA) until 31 May 2013]

S/67 [217] UN INTERIM SECURITY FORCE FOR ABYEI
S/67 [160] SUDAN--POLITICAL CONDITIONS
S/67 [223] SOUTH SUDAN--POLITICAL CONDITIONS

UN Interim Security Force for Abyei|Joint Border Verification Monitoring Mechanism (Sudan and South Sudan)|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|BORDER INCIDENTS|PEACEKEEPING OPERATIONS|ABYEI (SUDAN)|SUDAN|SEX CRIMES|RELIEF PERSONNEL


               United Nations                                                                S/RES/2076 (2012)
               Security Council                                              Distr.: General
                                                                             20 November 2012

               Resolution 2076 (2012)
               Adopted by the Security Council at its 6866th meeting, on
               20 November 2012

                    The Security Council,
                     Recalling its previous resolutions and the statements of its President
               concerning the Democratic Republic of the Congo (DRC), especially the
               presidential statement S/PRST/2012/22 of 19 October 2012 and the press statements
               of 2 August 2012 and 17 November 2012 on the situation in eastern DRC,
                     Reaffirming its strong commitment to the sovereignty, independence, unity and
               territorial integrity of the DRC and emphasizing the need to respect fully the
               principles of non-interference, good-neighbourliness and regional cooperation,
                   Reiterating its deep concern regarding the rapidly deteriorating security and
               humanitarian crisis in eastern DRC due to ongoing military activities of the
               23 March Movement (M23),
                    Expressing its deep concern regarding the resumption of attacks by the M23
               and the entry of the M23 into the city of Goma on 20 November 2012, as well as the
               continuation of serious violations of international humanitarian law and abuses of
               human rights law by the M23 and other armed groups,
                    Calling for all perpetrators, including individuals responsible for violence
               against children and acts of sexual violence, to be apprehended, brought to justice
               and held accountable for violations of applicable international law,
                    Reiterating its strong condemnation of any and all external support to the M23,
               including through troop reinforcement, tactical advice and the supply of equipment,
               and expressing deep concern at reports and allegations indicating that such support
               continues to be provided to the M23,
                    Expressing concern at the possible negative impact of the prevailing situation
               in North Kivu on the security and humanitarian situation in South Kivu,
                    Expressing deep concern regarding the increasing number of displaced persons
               and refugees in Eastern DRC caused by the resumption of the attacks of the M23,
                    Welcoming the efforts of the United Nations Secretary-General as well as of
               the International Conference on the Great Lakes Region (ICGLR), the Southern

12-60115 (E)
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S/RES/2076 (2012)

               African Development Community (SADC) and the African Union, to restore peace
               and security in Eastern DRC,
                    Welcoming the efforts of the Chair of the ICGLR in convening the
               Extraordinary Summits of 15 July 2012, 7-8 August 2012, 8 September 2012 and
               8 October 2012 to address the situation in Eastern DRC,
                     Stressing the primary responsibility of the Government of the DRC for
               ensuring security in its territory and protecting its civilians with respect for the rule
               of law, human rights and international humanitarian law,
                     Calling on all parties to cooperate fully with the United Nations Organization
               Stabilization Mission in the DRC (MONUSCO) and reiterating its condemnation of
               any attacks against peacekeepers,
                    Determining that the situation in the DRC constitutes a threat to international
               peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.    Strongly condemns the resumption of attacks by the M23 in North-Kivu
               and the entry of the M23 into the city of Goma on 20 November 2012;
                     2.    Demands the immediate withdrawal of the M23 from Goma, the
               cessation of any further advances by the M23 and that its members immediately and
               permanently disband and lay down their arms, and further demands the restoration
               of State authority of the Government of the DRC in Goma and in North-Kivu;
                     3.    Strongly condemns the M23 and all its attacks on the civilian population,
               MONUSCO peacekeepers and humanitarian actors, as well as its abuses of human
               rights, including summary executions, sexual and gender based violence and large
               scale recruitment and use of child soldiers, further condemns the attempts by the
               M23 to establish an illegitimate parallel administration and to undermine State
               authority of the Government of the DRC, and reiterates that those responsible for
               crimes and human rights abuses will be held accountable;
                     4.    Expresses deep concern at reports indicating that external support
               continues to be provided to the M23, including through troop reinforcement, tactical
               advice and the supply of equipment, causing a significant increase of the military
               abilities of the M23, and demands that any and all outside support to the M23 cease
               immediately;
                    5.    Requests the Secretary-General to report in the coming days, in
               coordination with the ICGLR and the African Union (AU), on the allegations of
               external support to the M23 and expresses its readiness to take further appropriate
               measures on the basis of this report;
                     6.   Calls on the ICGLR to monitor and inquire into, including by making
               active use of the Expanded Joint Verification Mechanism (EJVM), reports and
               allegations of outside support and supply of equipment to the M23, and encourages
               MONUSCO, in coordination with ICGLR members, to participate, as appropriate
               and within the limits of its capacities and mandate, in the activities of the EJVM;
                     7.   Expresses concern that M23 commanders Innocent Kaina and Baudouin
               Ngaruye are engaging in activities for which the Committee established pursuant to
               resolution 1533 (2004) may designate individuals pursuant to paragraph 4 of

2                                                                                12-60115

                                                                                S/RES/2076 (2012)

           resolution 1857 (2008), and directs the Committee to review, as a matter of urgency,
           their activities and those of any other individuals who meet the criteria for
           designation;
                 8.    Expresses its intention to consider additional targeted sanctions, in
           accordance with the criteria set out in resolution 1857 (2008), against the leadership
           of the M23 and those providing external support to the M23 and those acting in
           violation of the sanctions regime and the arms embargo, and calls on all Member
           States to submit, as a matter of urgency, listing proposals to the 1533 Committee;
                9.    Requests the Secretary-General to report in the coming days on options,
           and their implications, for the possible redeployments, in consultation with troopand police-contributing countries, of MONUSCO contingents and additional force
           multipliers, observation capabilities and troops within the current authorized ceiling,
           which, in regard to the current crisis, could improve the ability of MONUSCO to
           implement its mandate, including to protect civilians and report on flows of arms
           and related materiel across the borders of Eastern DRC, and in this context
           expresses its intention to keep the mandate of MONUSCO under review;
                10. Calls on all relevant actors to use their influence on the M23 to bring
           about an end to attacks;
                 11. Calls on all parties, in particular the M23, to allow safe, timely and
           unhindered humanitarian access to those in need in accordance with international
           law, including applicable international humanitarian law and the guiding principles
           of humanitarian assistance, and to refrain from any violence against civilians;
                 12. Calls upon all parties to respect the civilian and humanitarian character
           of refugee camps and internally displaced persons sites and stresses the need to
           prevent any forced recruitment of individuals, including children by parties to the
           conflict;
                 13. Commends the active steps taken by MONUSCO to implement its
           mandate, in particular the protection of civilians, further commends in this regard
           the tireless efforts of all MONUSCO contingents, particularly in and around Goma,
           and encourages the continuation of their efforts;
                 14. Emphasizes that any attempts to undermine MONUSCO’s ability to
           implement its mandate will not be tolerated and condemns all individuals and
           entities who plan, sponsor or participate in attacks against MONUSCO;
                 15. Welcomes and emphasizes the importance of the continuation of the
           efforts of the ICGLR, the Southern African Development Community (SADC) and
           the AU to resolve the conflict and find a durable political solution, and calls on
           them and States of the region to coordinate their efforts in order to bring about an
           end to attacks, stabilize the situation and facilitate dialogue between relevant
           parties;
                16. Welcomes the designation of Boubacar Gaoussou Diarra as Special
           representative of the African Union for the Great Lakes region, requests the United
           Nations Secretary-General to report to the Council on options for high-level
           dialogue between relevant parties to address short-term and long-term causes
           underlying the political, security and humanitarian crises in Eastern DRC, including
           the option of the possible designation of a special envoy, and further requests the

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S/RES/2076 (2012)

               Secretary-General to report to the Council in the coming days on the evolution of
               the crisis and on diplomatic efforts, including his own;
                     17. Emphasizes the primary responsibility of the Government of the DRC to
               reinforce State authority and governance in Eastern DRC, including through
               effective security sector reform to allow army and police reform, and to end
               impunity for abuses of human rights and violations of international humanitarian
               law, and urges the Government of the DRC to increase efforts to provide security,
               reform the security sector, protect civilians and respect human rights;
                    18.   Decides to remain actively seized of the matter.

4                                                                                12-60115

Security Council resolution 2076 (2012) [on the situation in the Democratic Republic of the Congo]

S/67 [102] DEMOCRATIC REPUBLIC OF THE CONGO SITUATION
S/67 [104] UN ORGANIZATION STABILIZATION MISSION IN THE DEMOCRATIC REPUBLIC OF THE CONGO

UN Organization Stabilization Mission in the Democratic Republic of the Congo|African Union|Southern African Development Community|International Conference on the Great Lakes Region. Expanded Joint Verification Mechanism|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|GOMA (DEMOCRATIC REPUBLIC OF THE CONGO)|NORD-KIVU (DEMOCRATIC REPUBLIC OF THE CONGO)|HUMANITARIAN ASSISTANCE|DEMOCRATIC REPUBLIC OF THE CONGO|DEMOCRATIC REPUBLIC OF THE CONGO SITUATION|GREAT LAKES REGION (AFRICA)|HUMAN RIGHTS IN ARMED CONFLICTS|REFUGEES|DISPLACED PERSONS

Congo, The Democratic Republic of the|Congo


                United Nations                                                                S/RES/2077 (2012)*
                Security Council                                               Distr.: General
                                                                               21 November 2012

                Resolution 2077 (2012)
                Adopted by the Security Council at its 6867th meeting, on
                21 November 2012

                     The Security Council,
                      Recalling its previous resolutions concerning the situation in Somalia,
                especially resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), 1846
                (2008), 1851 (2008), 1897 (2009), 1918 (2010), 1950 (2010), 1976 (2011), 2015
                (2011), and 2020 (2011), as well as the Statement of its President (S/PRST/2010/16)
                of 25 August 2010,
                      Continuing to be gravely concerned by the ongoing threat that piracy and
                armed robbery at sea against vessels pose to the prompt, safe, and effective delivery
                of humanitarian aid to Somalia and the region, to the safety of seafarers and other
                persons, to international navigation and the safety of commercial maritime routes,
                and to other vulnerable ships, including fishing activities in conformity with
                international law, and also gravely concerned by the extended range of the piracy
                threat into the western Indian Ocean and adjacent sea areas and the increase in
                pirate capacities,
                      Expressing concern about the reported involvement of children in piracy off
                the coast of Somalia,
                      Recognizing that the ongoing instability in Somalia contributes to the problem
                of piracy and armed robbery at sea off the coast of Somalia, and stressing the need
                for a comprehensive response by the international community to repress piracy and
                armed robbery at sea and tackle its underlying causes,
                      Recognizing the need to investigate and prosecute not only suspects captured
                at sea, but also anyone who incites or intentionally facilitates piracy operations,
                including key figures of criminal networks involved in piracy who illicitly plan,
                organize, facilitate, or finance and profit from such attacks, and reiterating its
                concern over persons suspected of piracy having to be released without facing
                justice, reaffirming that the failure to prosecute persons responsible for acts of
                piracy and armed robbery at sea off the coast of Somalia undermines anti-piracy
                efforts of the international community and being determined to create conditions to
                ensure that pirates are held accountable,

            * Reissued for technical reasons on 15 January 2013.

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S/RES/2077 (2012)

                     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,
               recalling the importance of preventing, in accordance with international law, illegal
               fishing and illegal dumping, including of toxic substances, and stressing the need to
               investigate any new allegations of such illegal fishing and dumping; noting the
               report of the Secretary-General (S/2012/783), which acknowledges difficulty in
               providing detailed information related to illegal, unreported, and unregulated fishing
               and dumping off Somalia’s coast without adequate monitoring or reporting systems,
               and states that the United Nations has received little evidence to date to justify
               claims that illegal fishing and dumping are factors responsible for forcing Somali
               youths to resort to piracy, and that there is currently no evidence of toxic waste
               dumping on land and at sea; emphasizing that the concerns about protection of the
               marine environment as well as resources should not be allowed to mask the true
               nature of piracy off the coast of Somalia which is a transnational criminal enterprise
               driven primarily by the opportunity for financial gain, and expressing appreciation
               in this respect for the report of the Secretary-General on the protection of Somali
               natural resources and water (S/2011/661) prepared pursuant to paragraph 7 of
               Security Council Resolution 1976 (2011),
                     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,
                     Underlining the primary responsibility of the Somali authorities in the fight
               against piracy and armed robbery at sea off the coast Somalia and noting the several
               requests from Somali authorities for international assistance to counter piracy off its
               coast, including the letter of 5 November 2012, from the Permanent Representative
               of Somalia to the United Nations expressing the appreciation of Somali authorities
               to the Security Council for its assistance, expressing their willingness to consider
               working with other States and regional organizations to combat piracy and armed
               robbery at sea off the coast of Somalia, and requesting that the provisions of
               resolution 1897 (2009) be renewed for an additional twelve months,
                     Commending the efforts of the European Union operation ATALANTA, North
               Atlantic Treaty Organization operations Allied Protector and Ocean Shield,
               Combined Maritime Forces’ Combined Task Force 151 commanded by Denmark,
               New Zealand, Pakistan, Republic of Korea, Singapore, Turkey, Thailand and the
               United States, and other States acting in a national capacity in cooperation with
               Somali authorities and each other, to suppress piracy and to protect vulnerable ships
               transiting through the waters off the coast of Somalia, and welcoming the efforts of
               individual countries, including China, India, Japan, Malaysia, Republic of Korea,
               and the Russian Federation, which have deployed ships and/or aircraft in the region,
               as stated in the Secretary-General’s report (S/2012/783),
                     Commending the efforts of flag States for taking appropriate measures to
               permit vessels sailing under their flag transiting the High Risk Area to embark
               vessel protection detachments and privately contracted armed security personnel,
               and encouraging States to regulate such activities in accordance with applicable
               international law and permit charters to favour arrangements that make use of such
               measures,

2                                                                                12-60084

                                                                                S/RES/2077 (2012)

                Notes the request of some Member States on the need to review the boundaries
           of the High Risk Area on an objective and transparent basis taking into account
           actual incidents of piracy, noting that the High Risk Area is set and defined by the
           insurance and maritime industry,
                 Welcoming the capacity building efforts in the region made through the
           International Maritime Organization (IMO) Djibouti Code of Conduct Trust Fund
           and the Trust Fund Supporting Initiatives of States Countering Piracy off the Coast
           of Somalia, as well as the European Union’s planned programming under EUCAP
           NESTOR, and recognizing the need for all engaged international and regional
           organizations to cooperate fully,
                 Noting with appreciation the efforts made by the IMO and the shipping
           industry to develop and update guidance, best management practices, and
           recommendations to assist ships to prevent and suppress piracy attacks off the coast
           of Somalia, including in the Gulf of Aden, and the Indian Ocean area, and
           recognizing the work of the IMO, and the Contact Group on Piracy off the Coast of
           Somalia (CGPCS); in this regard, notes the efforts of the International Organization
           for Standardization, which has developed industry standards of training and
           certification for Private Maritime Security Companies when providing privately
           contracted armed security personnel on board ships in high-risk areas,
                 Noting with concern that the continuing limited capacity and domestic
           legislation to facilitate the custody and prosecution of suspected pirates after their
           capture has hindered more robust international action against the pirates off the
           coast of Somalia, too often has led to pirates being released without facing justice,
           regardless of whether there is sufficient evidence to support prosecution and
           reiterating that, consistent with the provisions of the Convention concerning the
           repression of piracy, 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,
                 Underlining the importance of continuing to enhance the collection,
           preservation and transmission to competent authorities of evidence of acts of piracy
           and armed robbery at sea off the coast of Somalia, and welcoming the ongoing work
           of the IMO, INTERPOL, and industry groups to develop guidance to seafarers on
           preservation of crime scenes following acts of piracy, and noting the importance for
           the successful prosecution of acts of piracy of enabling seafarers to give evidence in
           criminal proceedings,
                 Further recognizing that pirate networks continue to rely on kidnapping and
           hostage-taking, and that these activities help generate funding to purchase weapons,
           gain recruits, and continue their operational activities, thereby jeopardizing the
           safety and security of innocent civilians and restricting the flow of free commerce,
           and welcoming international efforts to collect and share information to disrupt the
           pirate enterprise, as exemplified by INTERPOL’s Global Database on Maritime
           Piracy; and noting the ongoing initiative aimed at establishing the Regional
           Anti-Piracy Prosecution & Intelligence Coordination Centre, hosted by the Republic
           of Seychelles,

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                     Reaffirming international condemnation of acts of kidnapping and hostagetaking, including offences contained within the International Convention against the
               Taking of Hostages, and strongly condemning the continuing practice of hostagetaking by pirates operating off the coast of Somalia, expressing serious concern at
               the inhuman conditions hostages face in captivity, recognizing the adverse impact on
               their families, calling for the immediate release of all hostages, and noting the
               importance of cooperation between Member States on the issue of hostage-taking
               and the prosecution of suspected pirates for taking hostages,
                     Commending the Kenya and the Seychelles’ efforts to prosecute suspected
               pirates in their national courts, welcoming and looking forward to further
               engagement of Mauritius and Tanzania, and noting with appreciation the assistance
               being provided by the United Nations Office of Drugs and Crime (UNODC), the
               Trust Fund Supporting Initiatives of States Countering Piracy off the Coast of
               Somalia, and other international organizations and donors, in coordination with the
               CGPCS, to support Kenya, Seychelles, Somalia, and other States in the region to
               take steps to prosecute, or incarcerate in a third State after prosecution elsewhere,
               pirates, including facilitators and financiers ashore, consistent with applicable
               international human rights law, and emphasizing the need for States and
               international organizations to further enhance international efforts in this regard,
                     Welcoming the readiness of the national and regional administrations of
               Somalia to cooperate with each other and with States who have prosecuted
               suspected pirates with a view to enabling convicted pirates to be repatriated back to
               Somalia under suitable prisoner transfer arrangements, consistent with applicable
               international law including international human rights law,
                     Welcoming the report of the Secretary General (S/2012/783), as requested by
               resolution 2020 (2011), on the implementation of that resolution and on the situation
               with respect to piracy and armed robbery at sea off the coast of Somalia,
                     Taking note with appreciation of the reports of the Secretary-General on the
               modalities for the establishment of specialized Somali anti-piracy courts
               (S/2011/360 and S/2012/50), prepared pursuant to paragraph 26 of resolution 1976
               (2011) and paragraph 16 of resolution 2015 (2011), and the ongoing efforts within
               the CGPCS and the United Nations Secretariat to explore possible additional
               mechanisms to effectively prosecute persons suspected of piracy and armed robbery
               at sea off the coast of Somalia, including those ashore who incite or intentionally
               facilitate acts of piracy,
                    Stressing the need for States to consider possible methods to assist the
               seafarers who are victims of pirates, and welcoming in this regard the ongoing work
               within the CGPCS and the IMO on developing guidelines for the care of seafarers
               and other persons who have been subjected to acts of piracy,
                     Recognizing the progress made by the CGPCS, UNODC, and UNPOS in the
               use of public information tools to raise awareness of the dangers of piracy, highlight
               the best practices to eradicate this criminal phenomenon, and inform the public of
               the dangers posed by piracy,
                    Further noting with appreciation the ongoing efforts by UNODC and UNDP to
               support efforts to enhance the capacity of the corrections system in Somalia,
               including regional authorities notably with the support of the Trust Fund Supporting

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                                                                                S/RES/2077 (2012)

           Initiatives of States Countering Piracy off the Coast of Somalia, to incarcerate
           convicted pirates consistent with applicable international human rights law,
                 Bearing in mind the Djibouti Code of Conduct concerning the Repression of
           Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf
           of Aden, noting the operations of the newly established information sharing centres
           in Yemen, Kenya and Tanzania and the ongoing work regarding a regional maritime
           training centre in Djibouti, and recognizing the efforts of signatory States, including
           new signatory States South Africa and Mozambique, to develop the appropriate
           regulatory and legislative frameworks to combat piracy, enhance their capacity to
           patrol the waters of the region, interdict suspect vessels, and prosecute suspected
           pirates,
                 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 durable eradication of piracy
           and armed robbery at sea off the coast of Somalia, and further emphasizing that
           Somalia’s long-term security rests with the effective development by Somali
           authorities of the Somali National Security Forces,
                Welcoming in this regard the election of the President on 10 September and the
           subsequent appointment of a Prime Minister and Cabinet, considering that this
           represents the completion of the Transition in Somalia and an important milestone in
           Somalia’s path to more stable and accountable governance,
                 Noting that the joint counter-piracy efforts of the international community and
           private sector have resulted in a sharp decline in pirate attacks as well as hijackings
           since 2011 and emphasizing that without further action, the significant progress
           made in reducing the number of successful pirate attacks is reversible,
                 Determining that the incidents of piracy and armed robbery at sea 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 the waters off the coast of Somalia;
                2.   Recognizes that the ongoing instability in Somalia is one of the
           underlying causes of the problem of piracy and contributes to the problem of piracy
           and armed robbery at sea off the coast of Somalia;
                 3.    Stresses the need for a comprehensive response to repress piracy and
           tackle its underlying causes by the international community;
                 4.    Underlines the primary responsibility of Somali authorities in the fight
           against piracy and armed robbery at sea off the coast of Somalia, and requests the
           Somali authorities, with assistance from the Secretary-General and relevant UN
           entities, to pass a complete set of counter-piracy laws without further delay, and to
           declare an Exclusive Economic Zone in accordance with the United Nations
           Convention on the Law of the Sea;
                 5.   Recognizes the need to continue investigating and prosecuting all
           suspected pirates and urges States, working in conjunction with relevant
           international organizations, to intensify their efforts to investigate and prosecute key

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S/RES/2077 (2012)

               figures of criminal networks involved in piracy who illicitly plan, organize,
               facilitate, or finance and profit from such attacks;
                     6.   Calling upon the Somali authorities to interdict, and upon interdiction to
               investigate and prosecute pirates and to patrol the territorial waters off the coast of
               Somalia to suppress acts of piracy and armed robbery at sea, noting the importance
               of strengthening Somalia’s maritime capacity, and welcomes support by the
               international community for strengthening Somalia’s capacity in this regard;
                    7.    Calls upon States to cooperate also, as appropriate, on the issue of
               hostage taking, and the prosecution of suspected pirates for taking hostages;
                     8.   Notes again its concern regarding the findings contained in the 13 July
               2012 report (S/2012/544, page 211) and resolution 2020 (2011) that escalating
               ransom payments and the lack of enforcement of the arms embargo established by
               resolution 733 (1992) are fuelling the growth of piracy off the coast of Somalia, calls
               upon all States to cooperate fully with the Somalia and Eritrea Monitoring Group
               including on information sharing regarding possible arms embargo violations;
                     9.     Recognizes the need for States, regional organizations, and other
               appropriate partners to exchange evidence and information with a view to the arrest
               and prosecution of key figures of criminal networks involved in piracy who illicitly
               plan, organize, facilitate, or finance and profit from piracy operations, and keeps
               under review the possibility of applying targeted sanctions against such individuals or
               entities if they meet the listing criteria set out in paragraph 8 resolution 1844 (2008);
                     10. Renews its call upon States and regional organizations that have the
               capacity to do so, to take part in the fight against piracy and armed robbery at sea
               off the coast of Somalia, in particular, consistent with this resolution and
               international law, by deploying naval vessels, arms and military aircraft and through
               seizures 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;
                     11. Commends the work of the CGPCS to facilitate coordination in order to
               deter acts of piracy and armed robbery at sea off the coast of Somalia, in
               cooperation with the IMO, flag States, and Somali authorities and urges States and
               international organizations to continue to support these efforts;
                     12. Encourages Member States to continue to cooperate with Somali
               authorities in the fight against piracy and armed robbery at sea, notes the primary
               role of Somali authorities in the fight against piracy and armed robbery at sea off the
               coast of Somalia, and decides that for a further period of twelve months from the
               date of this resolution to renew the authorizations as set out in paragraph 10 of
               resolution 1846 (2008) and paragraph 6 of resolution 1851 (2008), as renewed by
               paragraph 7 of resolution 1897 (2009), paragraph 7 of resolution 1950 (2010), and
               paragraph 9 of resolution 2020 (2011) granted to States and regional organizations
               cooperating with Somali authorities in the fight against piracy and armed robbery at
               sea off the coast of Somalia, for which advance notification has been provided by
               Somali authorities to the Secretary-General;
                    13. Affirms that the authorizations renewed 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

6                                                                                12-60084

                                                                                S/RES/2077 (2012)

           obligations, under the Convention, with respect to any other situation, and
           underscores in particular that this resolution shall not be considered as establishing
           customary international law; and affirms further that such authorizations have been
           renewed only following the receipt of the 5 November 2012 letter conveying the
           consent of Somali authorities;
                14. Further 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 weapons and military equipment destined for the sole use of
           Member States and regional organizations undertaking measures in accordance with
           paragraph 12 above or to supplies of technical assistance to Somalia solely for the
           purposes set out in paragraph 6 of resolution 1950 (2010) which have been
           exempted from those measures in accordance with the procedure set out in
           paragraphs 11 (b) and 12 of resolution 1772 (2007);
                 15. Requests that cooperating States take appropriate steps to ensure that the
           activities they undertake pursuant to the authorizations in paragraph 12 do not have
           the practical effect of denying or impairing the right of innocent passage to the ships
           of any third State;
                 16. Calls on the Somali authorities to make all efforts to bring to justice
           those who are using Somali territory to plan, facilitate, or undertake criminal acts of
           piracy and armed robbery at sea and calls upon Member States to assist Somalia, at
           the request of Somali authorities and with notification to the Secretary-General, to
           strengthen capacity in Somalia, including regional authorities, and stresses that any
           measures undertaken pursuant to this paragraph shall be consistent with applicable
           international human rights law;
                 17. Calls upon all States, and in particular flag, port, and coastal States,
           States of the nationality of victims, and perpetrators of piracy and armed robbery,
           and other States with relevant jurisdiction under international law and national
           legislation, to cooperate in determining jurisdiction, and in the investigation and
           prosecution of all persons responsible for acts of piracy and armed robbery off the
           coast of Somalia, including anyone who incites or facilitates an act of piracy,
           consistent with applicable international law including international human rights
           law to ensure that all pirates handed over to judicial authorities are subject to a
           judicial process, and to render assistance by, among other actions, providing
           disposition and logistics assistance with respect to persons under their jurisdiction
           and control, such as victims and witnesses and persons detained as a result of
           operations conducted under this resolution;
                 18. Calls upon all States to criminalize piracy under their domestic law and
           to favourably consider the prosecution of suspected, and imprisonment of convicted,
           pirates apprehended off the coast of Somalia, and their facilitators and financiers
           ashore, consistent with applicable international law including international human
           rights law;
                 19. Reiterates its decision to continue its consideration, as a matter of
           urgency, of the establishment of specialized anti-piracy courts in Somalia and other
           States in the region with substantial international participation and/or support, as set
           forth in resolution 2015 (2011), and the importance of such courts having
           jurisdiction over not only suspects captured at sea, but also anyone who incites or
           intentionally facilitates piracy operations, including key figures of criminal

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               networks involved in piracy who illicitly plan, organize, facilitate, or finance and
               profit from such attacks, and emphasizes the need for strengthened cooperation of
               States, regional, and international organizations in holding such individuals
               accountable, and encourages the CGPCS to continue its discussions in this regard;
                     20. Welcomes, in this context, that the report of the Secretary-General
               pursuant to resolution 2015 (2011) contains detailed implementation proposals on
               ways to ensure that suspected pirates are held accountable through the due process
               of law in accordance with international standards, and encourages action in this field
               at the federal level in Somalia;
                    21. Urges all States to take appropriate actions under their existing domestic
               law to prevent the illicit financing of acts of piracy and the laundering of its
               proceeds;
                    22. Urges States, in cooperation with INTERPOL and Europol, to further
               investigate international criminal networks involved in piracy off the coast of
               Somalia, including those responsible for illicit financing and facilitation;
                     23. Commends INTERPOL for the creation of a global piracy database
               designed to consolidate information about piracy off the coast of Somalia and
               facilitate the development of actionable analysis for law enforcement, and urges all
               States to share such information with INTERPOL for use in the database, through
               appropriate channels;
                     24. Stresses in this context the need to support the investigation and
               prosecution of those who illicitly finance, plan, organize, or unlawfully profit from
               pirate attacks off the coast of Somalia;
                     25. Urges States and international organizations to share evidence and
               information for anti-piracy law enforcement purposes with a view to ensuring
               effective prosecution of suspected, and imprisonment of convicted, pirates;
                    26. Commends the establishment of the Trust Fund Supporting the Initiatives
               of States Countering Piracy off the Coast of Somalia and the IMO Djibouti Code
               Trust Fund and urges both state and non-state actors affected by piracy, most
               notably the international shipping community, to contribute to them;
                     27. Urges States parties to the Convention and the SUA Convention to
               implement fully their relevant obligations under these Conventions and customary
               international law and cooperate with the UNODC, IMO, and other States and other
               international organizations to build judicial capacity for the successful prosecution
               of persons suspected of piracy and armed robbery at sea off the coast of Somalia;
                     28. Urges States individually or within the framework of competent
               international organizations to positively consider investigating any new allegations
               of illegal fishing and illegal dumping, including of toxic substances, with a view to
               prosecuting such offences when committed by persons under their jurisdiction;
               encourages increased efforts to monitor and report on such allegations; takes note of
               the report of the Secretary-General (S/2012/783), which acknowledges difficulty in
               providing detailed information related to illegal, unreported, and unregulated fishing
               and dumping off Somalia’s coast without adequate monitoring or reporting systems,
               and states that the United Nations has received little evidence to date to justify
               claims that illegal fishing and dumping are factors responsible for forcing Somali
               youths to resort to piracy, and that there is currently no evidence of toxic waste

8                                                                                12-60084

                                                                                S/RES/2077 (2012)

           dumping on land and at sea; and emphasizes that the concerns about protection of
           the marine environment as well as resources should not be allowed to mask the true
           nature of piracy off the coast of Somalia which is a transnational criminal enterprise
           driven primarily by the opportunity for financial gain; and takes note of the
           Secretary-General’s intention to include updates on these issues in his reports
           relating to piracy off the Coast of Somalia;
                 29. Welcomes the recommendations and guidance of the IMO on preventing
           and suppressing piracy and armed robbery against ships, underlines the importance
           of implementing such recommendations and guidance by all stakeholders,
           particularly the shipping industry, and of flag States ensuring, as appropriate, the
           implementation of such recommendations and guidance, and urges States, in
           collaboration with the shipping and insurance industries, and the IMO, to continue
           to develop and implement avoidance, evasion, and defensive best practices and
           advisories to take when under attack or when sailing in the waters off the coast of
           Somalia, and further urges States to make their citizens and vessels available for
           forensic investigation as appropriate at the first suitable port of call immediately
           following an act or attempted act of piracy or armed robbery at sea or release from
           captivity;
                30. Encourages flag States and port States to further consider the
           development of safety and security measures onboard vessels, including, where
           applicable, developing regulations for the deployment of PCASP on board ships
           through a consultative process, including through the IMO and ISO;
                 31. Invites the IMO to continue its contributions to the prevention and
           suppression of acts of piracy and armed robbery against ships in coordination, in
           particular, with the UNODC, the World Food Program (WFP), the shipping industry,
           and all other parties concerned, and recognizes the IMO’s role concerning privately
           contracted armed security personnel on board ships in high-risk areas;
                 32. Notes the importance of securing the safe delivery of WFP assistance by
           sea, welcomes the ongoing work by the WFP, EU operation ATALANTA and flag
           States with regard to Vessel Protection Detachments on WFP vessels;
                 33. Requests States and regional organizations cooperating with Somali
           authorities to inform the Security Council and the Secretary-General in nine months
           of the progress of actions undertaken in the exercise of the authorizations provided
           in paragraph 12 above and further requests all States contributing through the
           CGPCS to the fight against piracy off the coast of Somalia, including Somalia and
           other States in the region, to report by the same deadline on their efforts to establish
           jurisdiction and cooperation in the investigation and prosecution of piracy;
                34. Requests the Secretary-General to report to the Security Council within
           11 months of the adoption of this resolution on the implementation of this resolution
           and on the situation with respect to piracy and armed robbery at sea off the coast of
           Somalia;
                 35. Expresses its intention to review the situation and consider, as
           appropriate, renewing the authorizations provided in paragraph 12 above for
           additional periods upon the request of Somali authorities;
                36.   Decides to remain seized of the matter.

12-60084                                                                                9

Security Council resolution 2077 (2012) [on acts of piracy and armed robbery against vessels in the waters off the coast of Somalia]

INTERPOL|UN Office on Drugs and Crime|IMO|Trust Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia|Charter of the United Nations (1945). Chapter VII|MARITIME SECURITY|PIRACY|ROBBERY|TERRITORIAL SEA|SOMALIA|SOMALIA SITUATION|MARITIME SAFETY|PROSECUTION

Australia and New Zealand|Eastern Asia|Eastern Europe|Northern Europe|South-eastern Asia|Southern Asia|Sub-Saharan Africa|Western Asia

China|Djibouti|Denmark|Eritrea|India|Japan|Kenya|Korea, Republic of|Mozambique|Mauritius|Malaysia|New Zealand|Pakistan|Russian Federation|Singapore|Somalia|Seychelles|Thailand|Turkey|Tanzania, United Republic of|Yemen|South Africa