               United Nations                                                                   S/RES/2015 (2011)
               Security Council                                                 Distr.: General
                                                                                24 October 2011

               Resolution 2015 (2011)
               Adopted by the Security Council at its 6635th meeting, on
               24 October 2011

                    The Security Council,
                    Recalling its previous resolutions concerning the situation in Somalia,
               especially resolutions 1918 (2010) and 1976 (2011),
                     Continuing to be gravely concerned by the growing threat that piracy and
               armed robbery at sea against vessels off the coast of Somalia pose to the situation in
               Somalia, States in the region and other States, as well as to international navigation,
               the safety of commercial maritime routes and the safety of seafarers and other
               persons, and also gravely concerned by the increased level of violence employed by
               pirates and persons involved in armed robbery at sea off the coast of Somalia,
                    Emphasizing the importance of finding a comprehensive solution to the
               problem of piracy and armed robbery at sea off the coast of Somalia,
                     Stressing the need to build Somalia’s potential for sustainable economic
               growth as a means to tackle the underlying causes of piracy, including poverty, thus
               contributing to a durable eradication of piracy and armed robbery at sea off the coast
               of Somalia and illegal activities connected therewith,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia,
                      Reaffirming that international law, as reflected in the United Nations
               Convention on the Law of the Sea of 10 December 1982 (Convention), in particular
               its articles 100, 101 and 105, sets out the legal framework applicable to combating
               piracy and armed robbery at sea, as well as other ocean activities,
                    Further reaffirming that the provisions of this resolution apply only with
               respect to the situation in Somalia and do not affect the rights and obligations or
               responsibilities of Member States under international 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, and recognizing the commitment of signatory States to review their
               national legislation with a view to ensuring that national laws to criminalize piracy
               and armed robbery against ships, and adequate guidelines for the exercise of

11-56103 (E)
*1156103*

S/RES/2015 (2011)

               jurisdiction, conduct of investigations, and prosecutions of alleged offenders, are in
               place,
                     Commending those States that have amended their domestic law in order to
               criminalize piracy and facilitate the prosecution of suspected pirates in their national
               courts, consistent with applicable international law, including human rights law, and
               stressing the need for States to continue their efforts in this regard,
                     Noting with concern at the same time that the domestic law of a number of
               States lacks provisions criminalizing piracy and/or procedural provisions for
               effective criminal prosecution of suspected pirates,
                   Reaffirming the importance of national prosecution of suspected pirates for
               combating piracy off the coast of Somalia,
                     Strongly condemning the continuing practice of hostage-taking by suspected
               pirates operating off the coast of Somalia, expressing serious concern at the
               inhuman conditions hostage 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 need for the prosecution of suspected pirates for taking hostages,
                     Recognizing that despite the efforts to date by States to prosecute suspected
               pirates at the national level, the ongoing work in this regard is still insufficient and
               that more must be done to ensure that suspected pirates are effectively brought to
               justice,
                    Reiterating its concern over a large number of 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,
                     Noting with interest the conclusion in the Secretary-General’s report on the
               modalities for the establishment of specialized Somali anti-piracy courts
               (S/2011/360) that, assuming that sufficient international assistance is provided,
               piracy trials being conducted by courts in Somaliland and Puntland are expected to
               reach international standards in about three years, and expressing its hope consistent
               with the mentioned Secretary-General’s report that this timeline will be accelerated
               if suitable experts, including those from the Somali diaspora, can be identified and
               recruited,
                    Welcoming the consultations between the United Nations and regional States,
               including the Seychelles, Mauritius, and Tanzania, and the willingness expressed by
               Tanzania to assist the international community, under the right conditions, to
               prosecute suspected pirates in its territory,
                     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,
                     1.   Reaffirms that the ultimate goal of enhancing Somali responsibility and
               active involvement in efforts to prosecute suspected pirates, as emphasized by the
               Secretary-General’s Special Adviser on Legal Issues Related to Piracy off the Coast

2                                                                                11-56103

                                                                                S/RES/2015 (2011)

           of Somalia in his report transmitted to the Security Council on 19 January 2011
           (S/2011/30), remains highly relevant in the overall context of fighting piracy;
                 2.   Recognizes the primary role of the Transitional Federal Government
           (TFG) and the relevant Somali regional authorities in eradicating piracy off the
           coast of Somalia;
                 3.    Welcomes in this regard that the Somalia end of transition road map of
           6 September 2011 includes developing counter-piracy policy and legislation in
           conjunction with regional entities as a key task of the Transitional Federal
           Institutions (TFI), and notes that the Security Council has made its future support to
           the TFI contingent upon the completion of the tasks contained in the road map;
                4.   Notes with appreciation the report of the Secretary-General on the
           modalities for the establishment of specialized Somali anti-piracy courts
           (S/2011/360) prepared pursuant to paragraph 26 of resolution 1976 (2011);
                 5.    Reiterates its call upon all States, and in particular flag, port, and coastal
           States, States of the nationality of victims as well as of 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 human rights law;
                6.    Calls upon States to cooperate also, as appropriate, on the prosecution of
           suspected pirates for taking hostages;
                 7.    Reiterates its request, as a matter of urgency, to the TFG and relevant
           Somali regional authorities to elaborate, with the assistance of UNODC and UNDP,
           and adopt a complete set of counter-piracy laws, including laws to prosecute those
           who illicitly finance, plan, organize, facilitate or profit from pirate attacks, with a
           view to ensuring the effective prosecution of suspected pirates and those associated
           with piracy attacks in Somalia, the post-conviction transfer of pirates prosecuted
           elsewhere to Somalia, and the imprisonment of convicted pirates in Somalia, as
           soon as possible, and strongly urges the TFG and regional authorities of Somalia to
           expeditiously address any other existing obstacles that impede progress in this
           regard, and requests the TFG and relevant regional authorities of Somalia to provide
           a report to the Security Council by 31 December 2011 on action taken in each of the
           areas above;
                 8.    Calls upon UNODC, UNDP and other international partners to further
           their efforts to support the development of domestic legislation, agreements and
           mechanisms that would allow the effective prosecution of suspected pirates, and the
           transfer and imprisonment of convicted pirates;
                 9.   Strongly urges States that have not already done so to criminalize piracy
           under their domestic law, and reiterates its call on States to favourably consider the
           prosecution of suspected, and imprisonment of convicted, pirates apprehended off
           the coast of Somalia, consistent with applicable international law including
           international human rights law;
                 10. 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;

11-56103                                                                                3

S/RES/2015 (2011)

                     11. Calls upon all Member States to report, no later than 31 December 2011,
               to the Secretary-General on measures they have taken to criminalize piracy under
               their domestic law and to prosecute and support the prosecution of individuals
               suspected of piracy off the coast of Somalia and imprisonment of convicted pirates,
               and requests the Secretary-General to compile this information and to circulate this
               compilation as a document of the Security Council;
                    12. Commends the ongoing work of UNODC and UNDP, as described in the
               Secretary-General’s report, in supporting counter-piracy trials and increased prison
               capacity in Somalia, consistent with the recommendation of the Secretary-General’s
               Special Adviser on Legal Issues Related to Piracy of the Coast of Somalia;
                    13. Reaffirms that the efforts to promote effective judicial mechanisms to
               prosecute suspected pirates should be continued and intensified;
                     14. Welcomes the undertaking of the Secretary-General, in connection with
               his report (S/2011/360) to further proactively assist, at the request of the Security
               Council, in the taking of appropriate next steps aimed at further enhancing counterpiracy prosecution efforts;
                     15. Requests States and regional organizations to consider possible ways to
               seek and allow for the effective contribution of the Somali diaspora to anti-piracy
               efforts, in particular in the area of prosecution, as advised in the Secretary-General’s
               report (S/2011/360);
                     16. Decides to continue its consideration, as a matter of urgency, without
               prejudice to any further steps to ensure that pirates are held accountable, of the
               establishment of specialized anti-piracy courts in Somalia and other States in the
               region with substantial international participation and/or support, and requests that
               the Secretary-General, in conjunction with UNODC and UNDP, further consult with
               Somalia and regional States willing to establish such anti-piracy courts on the kind
               of international assistance, including the provision of international personnel, that
               would be required to help make such courts operational; the procedural
               arrangements required for transfer of apprehended pirates and related evidence; the
               projected case capacity of such courts; and the projected timeline and costs for such
               courts, and to provide to the Council in the light of such consultations within
               90 days detailed implementation proposals for the establishment of such courts, as
               appropriate;
                     17. Underlines the importance for such courts to have jurisdiction to be
               exercised over 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;
                     18. Recognizes that any increase in prosecution capacity must necessarily be
               accompanied by a related increase in prison capacity, and calls upon both Somali
               authorities, UNODC, UNDP and other international partners to support the
               construction and responsible operation of prisons in Somalia in accordance with
               international law;
                    19. Calls upon Member States, regional organizations and other appropriate
               partners to support efforts to establish specialized anti-piracy courts in the region by
               making or facilitating arrangements for the provision of international experts,

4                                                                                11-56103

                                                                                S/RES/2015 (2011)

           including those from the Somali diaspora, through secondment or otherwise, and to
           otherwise support the work of UNODC, UNDP or others in this regard through
           contributions to the Trust Fund;
                20.   Decides to remain seized of the matter.

11-56103                                                                                5

Security Council resolution 2015 (2011) [on acts of piracy and armed robbery at sea off the coast of Somalia]

Djibouti|India|Mauritius|Somalia|Seychelles|Tanzania, United Republic of

UN. Special Adviser to the Secretary-General on Legal Issues Related to Piracy off the Coast of Somalia|Somalia. Transitional Federal Government|UNDP|UN Office on Drugs and Crime|MARITIME SECURITY|PIRACY|TERRITORIAL SEA|SOMALIA|CRIMINAL COURTS|CRIMINAL JURISDICTION|PROSECUTION|JUDICIAL SYSTEM|CORRECTIONAL SYSTEMS|MARITIME SAFETY|ROBBERY


               United Nations                                                                  S/RES/2016 (2011)
               Security Council                                                Distr.: General
                                                                               27 October 2011

               Resolution 2016 (2011)
               Adopted by the Security Council at its 6640th meeting,
               on 27 October 2011

                    The Security Council,
                   Recalling its resolutions 1970 (2011) of 26 February 2011, 1973 (2011) of
               17 March 2011, and 2009 (2011) of 16 September 2011,
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and national unity of Libya,
                     Taking note of the National Transitional Council’s “Declaration of Liberation”
               of 23 October 2011 in Libya,
                    Looking forward to a future for Libya based on national reconciliation, justice,
               respect for human rights and the rule of law,
                    Reiterating the importance of promoting the full and effective participation of
               members of all social and ethnic groups, including the equal participation of women
               and minority communities in the discussions related to the post-conflict phase,
                     Recalling its decision to refer the situation in Libya to the Prosecutor of the
               International Criminal Court, and the importance of cooperation for ensuring that
               those responsible for violations of human rights and international humanitarian law
               or complicit in attacks targeting the civilian population are held accountable,
                     Reiterating that the voluntary and sustainable return of refugees and internally
               displaced persons will be an important factor for the consolidation of peace in
               Libya,
                    Expressing concern at the proliferation of arms in Libya and its potential
               impact on regional peace and security, and also expressing its intention
               expeditiously to address that issue further,
                    Expressing grave concern about continuing reports of reprisals, arbitrary
               detentions, wrongful imprisonment and extrajudicial executions in Libya,
                     Reiterating its call to the Libyan authorities to promote and protect human
               rights and fundamental freedoms, including those of people belonging to vulnerable
               groups, to comply with their obligations under international law, including
               international humanitarian law and human rights law, and urging respect for the

11-56710 (E)
*1156710*

S/RES/2016 (2011)

               human rights of all people in Libya, including former officials and detainees, during
               and after the transitional period,
                    Recalling its decisions in resolution 2009 (2011) to:
                     (a) Modify the provisions of the arms embargo imposed by paragraph 9 of
               resolution 1970 to provide for additional exemptions,
                     (b) Terminate the asset freeze imposed by paragraphs 17, 19, 20 and 21 of
               resolution 1970 (2011) and paragraph 19 of resolution 1973 (2011) with respect to
               the Libyan National Oil Corporation and Zueitina Oil Company, and to modify the
               asset freeze imposed by paragraphs 17, 19, 20 and 21 of resolution 1970 (2011) and
               paragraph 19 of resolution 1973 (2011) with respect to the Central Bank of Libya,
               the Libyan Arab Foreign Bank, the Libyan Investment Authority, and the Libyan
               Africa Investment Portfolio, and
                    (c)   Cease the measures imposed by paragraph 17 of resolution 1973 (2011),
                    Recalling also its intention to keep the measures imposed by paragraphs 6 to
               12 of resolution 1973 (2011) under continuous review and to lift, as appropriate and
               when circumstances permit, those measures and to terminate authorization given to
               Member States in paragraph 4 of resolution 1973 (2011), in consultation with the
               Libyan authorities,
                    Mindful of its primary responsibility for the maintenance of international peace
               and security under the Charter of the United Nations,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.    Welcomes the positive developments in Libya which will improve the
               prospects for a democratic, peaceful and prosperous future there;
                     2.    Looks forward to the swift establishment of an inclusive, representative
               transitional Government of Libya, and reiterates the need for the transitional period
               to be underpinned by a commitment to democracy, good governance, rule of law,
               national reconciliation and respect for human rights and fundamental freedoms of
               all people in Libya;
                     3.   Strongly urges the Libyan authorities to refrain from reprisals, including
               arbitrary detentions, calls upon the Libyan authorities to take all steps necessary to
               prevent reprisals, wrongful imprisonment and extrajudicial executions, and
               underscores the Libyan authorities’ responsibility for the protection of its
               population, including foreign nationals and African migrants;
                     4.   Urges all Member States to cooperate closely with the Libyan authorities
               in their efforts to end impunity for violations of international human rights and
               international humanitarian law;

               Protection of Civilians
                    5.    Decides that the provisions of paragraphs 4 and 5 of resolution 1973
               (2011) shall be terminated from 23.59 Libyan local time on 31 October 2011;

2                                                                                11-56710

                                                                                S/RES/2016 (2011)

           No-Fly Zone
                6.    Decides also that the provisions of paragraphs 6 to 12 of resolution 1973
           (2011) shall be terminated from 23.59 Libyan local time on 31 October 2011;
                7.   Decides to remain actively seized of the matter.

11-56710                                                                                3

Security Council resolution 2016 (2011) [on termination of the provisions of paras. 4, 5 and 6 to 12 of Security Council resolution 1973 (2011) concerning Libya]

Charter of the United Nations (1945). Chapter VII|POST-CONFLICT RECONSTRUCTION|HUMAN RIGHTS IN ARMED CONFLICTS|SANCTIONS|AIRSPACE|AIRCRAFT|LIBYA|DEMOCRACY|GOVERNANCE|RULE OF LAW|RECONCILIATION


               United Nations                                                                     S/RES/2017 (2011)
               Security Council                                                  Distr.: General
                                                                                31 October 2011

               Resolution 2017 (2011)
               Adopted by the Security Council at its 6644th meeting, on
               31 October 2011

                    The Security Council,
                    Recalling its previous resolutions 1373 (2001), 1526 (2004), 1540 (2004),
               1970 (2011), 1973 (2011), 1977 (2011), 1989 (2011), 2009 (2011) and 2016 (2011),
               and the statements of its Presidents S/PRST/2005/7 and S/PRST/2010/6,
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and national unity of Libya,
                     Stressing that national ownership and national responsibility are key to
               establishing sustainable peace in Libya,
                    Stressing also the importance of the United Nations Support Mission in Libya,
               in accordance with its mandate under resolution 2009 (2011), assisting and
               supporting Libyan national efforts, inter alia to restore public security and order,
                     Recalling that, pursuant to paragraph 10 of resolution 1970 (2011), Member
               States are obliged to prohibit the procurement of all arms and related materiel from
               Libya by their nationals, or using their flagged vessels or aircraft, and whether or
               not originating in the territory of Libya,
                     Expressing concern at the proliferation of all arms and related materiel of all
               types, in particular man-portable surface-to-air missiles, from Libya, in the region
               and its potential impact on regional and international peace and security,
                    Underlining the risk of destabilization posed by the dissemination in the Sahel
               region of illicit small arms and light weapons, and recalling in that regard the
               Report of the Secretary-General on the activities of the United Nations Office for
               West Africa (S/2011/388), which, inter alia calls for strengthened cooperation in the
               Sahel area, as well as the work of the United Nation Office for Central Africa,
                     Recognizing the urgent need for additional efforts to be made at the national,
               regional and international levels, in order to prevent the proliferation of all arms and
               related materiel of all types, in particular man-portable surface-to-air missiles, in the
               region,
                    Recognizing also the urgent need to secure and destroy chemical weapons
               stockpiles in Libya, in accordance with its international obligations,

11-57333 (E)
*1157333*

S/RES/2017 (2011)

                     Emphasizing that the proliferation of all arms and related materiel of all types,
               in particular, man-portable surface-to-air missiles, in the region could fuel terrorist
               activities, including those of Al-Qaida in the Islamic Maghreb,
                     Reaffirming, in that regard, that terrorism constitutes one of the most serious
               threats to international peace and security,
                     Reiterating the obligation of Member States to cooperate in order to prevent
               the movement of terrorist groups, and the proliferation of arms in support of
               terrorist activities, inter alia through effective border control,
                    Mindful of its primary responsibility for the maintenance of international peace
               and security,
                     1.   Calls upon the Libyan authorities to take all necessary steps to prevent
               the proliferation of all arms and related materiel of all types, in particular manportable surface-to-air missiles, to ensure their proper custody, as well as to meet
               Libya’s arms control, disarmament and non-proliferation obligations under
               international law, through the full implementation of their plans in this regard;
                     2.   Further calls upon the Libyan authorities to continue their close
               coordination with the Organization for the Prohibition of Chemical Weapons, with
               the aim of destroying their stockpiles of chemical weapons, in accordance with their
               international obligations;
                    3.    Calls upon States in the region to consider appropriate measures to
               prevent the proliferation of all arms and related materiel of all types, in particular
               man-portable surface-to-air missiles, in the region;
                     4.    Calls upon Member States, international and regional organizations and
               entities, including relevant United Nations bodies, to provide the necessary
               assistance to the Libyan authorities and States in the region in order to achieve this
               goal;
                     5.   Requests the Committee established pursuant to resolution 1970 (2011),
               with assistance from its Panel of Experts, and in cooperation with the Counter-Terrorism Executive Directorate, and working with other relevant United Nations
               bodies including the International Civil Aviation Organization, and in consultation
               with international and regional organizations and entities, to assess the threats and
               challenges, in particular related to terrorism, posed by the proliferation of all arms
               and related materiel of all types, in particular man-portable surface-to-air missiles,
               from Libya, in the region, and to submit a report to the Council on proposals to
               counter this threat, and to prevent the proliferation of arms and related materiel,
               including, inter alia, measures to secure these arms and related materiel, to ensure
               that stockpiles are managed safely and securely, to strengthen border control and to
               enhance transport security;
                     6.    Requests the Secretary-General to include in his reports pursuant to
               resolution 2009 (2011) to the Security Council updates on the implementation of
               this resolution;
                    7.    Decides to remain seized of the matter.

2                                                                                11-57333

Security Council resolution 2017 (2011) [on measures to prevent the proliferation of all arms and related materiel of all types in Libya]

Organisation for the Prohibition of Chemical Weapons|UN. Security Council Committee Established pursuant to Resolution 1970 (2011) concerning Libya|UN. Security Council Committee Established pursuant to Resolution 1373 (2001) concerning Counter-Terrorism. Executive Directorate|ICAO|ARMS LIMITATION|WEAPONS DESTRUCTION|CHEMICAL WEAPONS|LIBYA|GROUPS OF EXPERTS|STOCKPILE MANAGEMENT|BOUNDARIES|TRANSPORT SECURITY


               United Nations                                                                     S/RES/2018 (2011)
               Security Council                                                  Distr.: General
                                                                                31 October 2011

               Resolution 2018 (2011)
               Adopted by the Security Council at its 6645th meeting,
               on 31 October 2011

                    The Security Council,
                    Expressing its deep concern about the threat that piracy and armed robbery at
               sea in the Gulf of Guinea pose to international navigation, security and the
               economic development of states in the region,
                     Recalling its statement of 30 August 2011 on piracy and armed robbery at sea
               in the Gulf of Guinea,
                    Expressing its concern over the threat that piracy and armed robbery at sea
               pose to the safety of seafarers and other persons, including through their being taken
               as hostages, and deeply concerned by the violence employed by pirates and persons
               involved in piracy and armed robbery at sea in the Gulf of Guinea,
                    Affirming its respect for the sovereignty and territorial integrity of the States of
               the Gulf of Guinea and their neighbours,
                     Further affirming that the provisions of this resolution apply only with respect
               to the situation in the Gulf of Guinea,
                     Affirming that international law, as reflected in the United Nations Convention
               on the Law of the Sea of 10 December 1982, in particular its articles 100, 101 and
               105, sets out the legal framework applicable to countering piracy and armed robbery
               at sea, as well as other ocean activities,
                     Noting that applicable international legal instruments provide for parties to
               create criminal offences, establish jurisdiction, and prosecute or extradite for
               prosecution, persons responsible for or suspected of seizing or exercising control
               over a ship or fixed platform by force or threat thereof or any other form of
               intimidation,
                    Emphasizing the importance of finding a comprehensive solution to the
               problem of piracy and armed robbery at sea in the Gulf of Guinea,
                    Noting the efforts of the States of the Gulf of Guinea to address this problem,
               including joint patrols at sea and the activities of the Federal Republic of Nigeria
               and Benin Republic off the coast of Benin,

11-57321 (E)
*1157321*

S/RES/2018 (2011)

                     Also noting the need for international assistance as part of a comprehensive
               strategy to support national and regional efforts to assist States in the region with
               their efforts to address piracy and armed robbery at sea in the Gulf of Guinea,
                    Welcoming the contributions made by some Member States and international
               organizations in support of the maritime sector, including security, capacity-building
               and the joint operations of the States of the Gulf of Guinea,
                    Stressing that the coordination of efforts at the regional level is necessary for
               the development of a comprehensive strategy to counter the threat of piracy and
               armed robbery at sea in the Gulf of Guinea,
                    Noting that States in the region have a leadership role to play in this regard,
               supported by organizations in the region,
                     1.    Condemns all acts of piracy and armed robbery at sea committed off the
               coast of the States of the Gulf of Guinea;
                     2.   Welcomes the intention to convene a summit of Gulf of Guinea Heads of
               State in order to consider a comprehensive response in the region and encourages
               the States of the Economic Community of West African States (ECOWAS), the
               Economic Community of Central African States (ECCAS) and the Gulf of Guinea
               Commission (GGC) to develop a comprehensive strategy, including through:
                    (a) the development of domestic laws and regulations, where these are not in
               place, criminalizing piracy and armed robbery at sea;
                    (b) the development of a regional framework to counter piracy and armed
               robbery at sea, including information-sharing and operational coordination
               mechanisms in the region;
                    (c) the development and strengthening of domestic laws and regulations, as
               appropriate, to implement relevant international agreements addressing the safety
               and security of navigation, in accordance with international law;
                     3.    Encourages States of ECOWAS, ECCAS and the GGC, through
               concerted action, to counter piracy and armed robbery at sea in the Gulf of Guinea
               through the conduct of bilateral or regional maritime patrols consistent with relevant
               international law; and requests the States concerned to take appropriate steps to
               ensure that the activities they undertake pursuant to this resolution, do not have a
               practical effect of denying or impairing freedom of navigation on the high seas or
               the right of innocent passage in the territorial sea to vessels of third States;
                     4.    Calls upon States, in cooperation with the shipping industry, the
               insurance industry and the International Maritime Organization (IMO) to issue to
               ships entitled to fly their flag, appropriate advice and guidance within context of the
               Gulf of Guinea, on avoidance, evasion and defensive techniques and measures to
               take, if under the threat of attack, or attack when sailing in the waters of the Gulf of
               Guinea;
                    5.    Further calls upon States of ECOWAS, ECCAS and GGC, in conjunction
               with flag States and States of nationality of victims or of perpetrators of acts of
               piracy or armed robbery at sea, to cooperate in the prosecution of alleged
               perpetrators, including facilitators and financiers of acts of piracy and armed
               robbery at sea committed off the coast of the Gulf of Guinea, in accordance with
               applicable international law, including human rights law;

2                                                                                11-57321

                                                                                S/RES/2018 (2011)

                 6.   Encourages the international community to assist, upon request, the
           States concerned in the region, ECOWAS, ECCAS, GGC and other relevant
           organizations and agencies in strengthening their efforts to counter piracy and armed
           robbery at sea, in the Gulf of Guinea;
                7.   Welcomes the intention of the Secretary-General of the United Nations to
           deploy a United Nations assessment mission to examine the threat of piracy and
           armed robbery at sea, in the Gulf of Guinea and explore options on how best to
           address the problem, and looks forward to receiving the mission’s report with
           recommendations on the matter;
                8.    Decides to remain seized of the matter.

11-57321                                                                                3

Security Council resolution 2018 (2011) [on acts of piracy and armed robbery at sea off the coast of the States of the Gulf of Guinea]

Economic Community of West African States|Communauté économique des Etats de l'Afrique centrale|Commission of the Gulf of Guinea|IMO|MARITIME SECURITY|PIRACY|TERRITORIAL SEA|GULF OF GUINEA|ROBBERY|REGIONAL COOPERATION|MARITIME SAFETY|MARITIME TRANSPORT|CRIMINAL LAW|CRIMINAL JURISDICTION


               United Nations                                                                 S/RES/2019 (2011)
               Security Council                                               Distr.: General
                                                                              16 November 2011

               Resolution 2019 (2011)
               Adopted by the Security Council at its 6661st meeting, on
               16 November 2011

                    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, and 1948 (2010) of 18 November 2010,
                     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

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               and Herzegovina for their contributions to the implementation of the Peace
               Agreement,
                     Welcoming the adoption by the authorities of Bosnia and Herzegovina of a
               revised strategy for implementation of annex 7 of the Peace Agreement, focused on
               the strategy for the return of refugees, and 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
               sixteen years since the signing of the Peace Agreement,
                    Noting that the overall security situation in Bosnia and Herzegovina has been
               calm and stable for several years,
                     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
               4 November 2011,
                     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 decision taken by EU Foreign Ministers on 25 January 2010 to
               start providing non-executive capacity-building and training support, within the
               framework of EUFOR ALTHEA,
                     Welcoming the conclusions of EU Foreign Ministers on 10 October 2011,
               which confirmed the EU’s commitment at this stage to a continuing executive
               mandate for a reconfigured EUFOR ALTHEA to support Bosnia and Herzegovina’s
               efforts to maintain the safe and secure environment and its authorities’ deterrence
               capacity, under a renewed United Nations mandate, while focusing its main efforts
               on the provision of non-executive capacity-building and training support in order to
               contribute to strengthening local ownership and capacity,
                    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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                 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,
                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 7 July 2011, and recognizing in particular the need to find a solution
           on State and Defence Property,
                  Calling on the political leaders, following the elections on 3 October 2010, to
           fulfil their democratic responsibility and form a new Council of Ministers of Bosnia
           and Herzegovina which will address with urgency important policies and priorities,
                 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 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 role of the High Representative in
           monitoring the implementation of the Peace Agreement and giving guidance to and

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               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;
                    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), and 1948 (2010) 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 2011;
                     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

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           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 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;

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                    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 2019 (2011) [on authorization to establish a multinational stabilization force (EUFOR) in Bosnia and Herzegovina as a legal successor to stabilization force (SFOR) for a period of 12 months]

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|Peace Implementation Council|EUFOR|NATO|Stabilization Force|Agreement on Implementing the Federation of Bosnia and Herzegovina (1995)|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|PEACEKEEPING OPERATIONS|PEACEBUILDING|BOSNIA AND HERZEGOVINA|BOSNIA AND HERZEGOVINA SITUATION|FORMER YUGOSLAVIA SITUATION|INTERNATIONAL COURTS|WAR CRIMES

S/66 [62] BOSNIA AND HERZEGOVINA SITUATION
S/66 [60] FORMER YUGOSLAVIA SITUATION


               United Nations                                                                 S/RES/2020 (2011)
               Security Council                                               Distr.: General
                                                                              22 November 2011

               Resolution 2020 (2011)
               Adopted by the Security Council at its 6663rd meeting, on
               22 November 2011

                    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), and 2015
               (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 a large number of 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,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia, including Somalia’s rights with respect to

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               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 allegations of such illegal fishing and dumping, and noting with
               appreciation in this respect 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,
                     Again taking into account the crisis situation in Somalia, and the limited
               capacity of the Transitional Federal Government (TFG) to interdict, or upon
               interdiction to prosecute pirates or to patrol or 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 10 November 2011, from the
               Permanent Representative of Somalia to the United Nations expressing the
               appreciation of the TFG to the Security Council for its assistance, 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, and requesting
               that the provisions of resolution 1897 (2009) be renewed for an additional twelve
               months,
                     Commending the efforts of the EU operation Atalanta, North Atlantic Treaty
               Organization operations Allied Protector and Ocean Shield, Combined Maritime
               Forces’ Combined Task Force 151, and other States acting in a national capacity in
               cooperation with the TFG 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, Islamic
               Republic of Iran, Japan, Malaysia, Republic of Korea, Russian Federation, Saudi
               Arabia, and Yemen, which have deployed ships and/or aircraft in the region, as
               stated in the Secretary-General’s report (S/2011/662),
                     Welcoming the capacity-building efforts in the region made by the
               International Maritime Organization (IMO) Djibouti Code of Conduct, the Djibouti
               Code of Conduct Trust Fund, and the Trust Fund Supporting Initiatives of States
               Countering Piracy off the Coast of Somalia, and recognizing the need for all
               engaged international and regional organizations to cooperate fully,
                     Noting with appreciation the efforts made by 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”)
               on 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, and in some cases has led to pirates being released without facing

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           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 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,
                 Noting the consensus at the ninth plenary session of the CGPCS on
           14 July 2011 to establish a formal Working Group 5 on “illicit financial flows linked
           to piracy off the coast of Somalia”,
                 Further recognizing that pirates are turning increasingly to 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,
                 Reaffirming international condemnation of acts of kidnapping and hostagetaking, including acts condemned in the International Convention against the Taking
           of Hostages, and strongly condemning the continuing practice of hostage-taking by
           suspected 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 need for the prosecution of suspected pirates for taking hostages,
                 Commending the Republic of Kenya and the Republic of Seychelles’ efforts to
           prosecute suspected pirates in their national courts, welcoming the engagement of
           the Republic of Mauritius and the United Republic of Tanzania, and noting with
           appreciation the assistance being provided by the United Nations Office on 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, including Yemen, 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,

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                     Welcoming the report of the Secretary-General (S/2011/662), as requested by
               resolution 1950 (2010), 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 report of the Secretary-General on the
               modalities for the establishment of specialized Somali anti-piracy courts
               (S/2011/360) prepared pursuant to paragraph 26 of resolution 1976 (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 International Maritime Organization on developing
               guidelines for the care of seafarers and other persons who have been subjected to
               acts of 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
               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, and recognizing the efforts of signatory States 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 the TFG of the
               National Security Force, including the Somali Police Force, in the framework of the
               Djibouti Agreement and in line with a national security strategy,
                     Welcoming in this regard that the 6 September 2011 Roadmap to end the
               transition in Somalia calls for the TFG to develop counter-piracy policy and
               legislation in conjunction with regional entities, and the declaration of an Exclusive
               Economic Zone (EEZ), as key tasks of the Transitional Federal Institutions (TFIs),
               and notes that the Security Council has made its future support to the TFIs
               contingent upon the completion of the tasks contained in the Roadmap,
                     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;

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                                                                                S/RES/2020 (2011)

                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.    Recognizes 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;
                5.    Calls upon States to cooperate also, as appropriate, on the issue of
           hostage-taking, and the prosecution of suspected pirates for taking hostages;
                 6.   Notes again its concern regarding the findings contained in the
           20 November 2008 report of the Monitoring Group on Somalia (S/2008/769,
           page 55) 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;
                 7.   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;
                 8.   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 the TFG and urges States and
           international organizations to continue to support these efforts;
                 9.   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
           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), and paragraph 7 of resolution 1950 (2010), granted to 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;
                10. 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
           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

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               renewed only following the receipt of the 10 November 2011 letter conveying the
               consent of the TFG;
                    11. 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 9 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);
                     12. Requests that cooperating States take appropriate steps to ensure that the
               activities they undertake pursuant to the authorizations in paragraph 9 do not have
               the practical effect of denying or impairing the right of innocent passage to the ships
               of any third State;
                     13. Calls on Member States to assist Somalia, at the request of the TFG and
               with notification to the Secretary-General, to strengthen capacity in Somalia,
               including regional authorities, 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;
                     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 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;
                     15. 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;
                     16. 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
               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;

6                                                                                11-60421

                                                                                S/RES/2020 (2011)

                17. 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;
                18. 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;
                 19. 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;
                 20. 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;
                 21. Urges Sates 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;
                 22. Commends the establishment of the Trust Fund Supporting the Initiatives
           of States Countering Piracy off the Coast of Somalia and the International Maritime
           Organization (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;
                 23. 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;
                 24. Urges States individually or within the framework of competent
           international organizations to positively consider investigating 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; and
           takes note of the Secretary-General’s intention to include updates on these issues in
           his future reports relating to piracy off the Coast of Somalia;
                 25. 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, including
           the shipping industry, 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 port of call immediately following an act or attempted act of piracy or armed
           robbery at sea or release from captivity;
                 26. 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 United Nations Office on Drugs and Crime (UNODC), the World

11-60421                                                                                7

S/RES/2020 (2011)

               Food Programme (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;
                    27. Notes the importance of securing the safe delivery of World Food
               Programme (WFP) assistance by sea, welcomes the ongoing work by WFP, EU
               operation Atalanta and Flag States with regard to Vessel Protection Detachments on
               WFP vessels;
                     28. Requests States and regional organizations cooperating with the TFG to
               inform the Security Council and the Secretary-General in 9 months of the progress
               of actions undertaken in the exercise of the authorizations provided in paragraph 9
               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;
                    29. 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;
                     30. Expresses its intention to review the situation and consider, as
               appropriate, renewing the authorizations provided in paragraph 9 above for
               additional periods upon the request of the TFG;
                    31.   Decides to remain seized of the matter.

8                                                                                11-60421

Security Council resolution 2020 (2011) [on acts of piracy and armed robbery against vessels in the waters off the coast of Somalia]

China|Djibouti|Eritrea|India|Iran, Islamic Republic of|Japan|Kenya|Korea, Republic of|Mauritius|Malaysia|Russian Federation|Somalia|Seychelles|Tanzania, United Republic of|Yemen

Eastern Asia|Eastern Europe|South-eastern Asia|Southern Asia|Sub-Saharan Africa|Western Asia

UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) and 1907 (2009)|Somali Police Force|Somalia. Transitional Federal Government|IMO|UN. Contact Group on Piracy off the Coast of Somalia (2009 : New York)|INTERPOL|Trust Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia|IMO Djibouti Code Trust Fund|UN Office on Drugs and Crime|World Food Programme|UN. Security Council > Resolutions and decisions|Charter of the United Nations (1945). Chapter VII|PIRACY|ROBBERY|TERRITORIAL SEA|SOMALIA|HOSTAGES|TECHNICAL COOPERATION|CRIME PREVENTION|CRIMINAL JURISDICTION|CRIMINAL INVESTIGATION|CRIMINAL COURTS|INTERNATIONAL HUMANITARIAN LAW|FUNDS|HUMANITARIAN ASSISTANCE|MARITIME SAFETY