Oceans and the law of the sea
A/RES/74/19
of 4 December 2019, as well as the statements by the President of the Council of
25 August 2010 58 and of 19 November 2012, 59 also notes that the authorization in
resolution https://undocs.org/en/S/RES/2442 (2018)2500 (2019) and relevant
resolutions apply only with respect to the situation in Somalia and shall not affect the
rights, obligations or responsibilities of Member States under international law,
including any rights or obligations under the Convention, wi th respect to any other
situation, and underscores, in particular, that they shall not be considered as
establishing customary international law;
140. Notes the continued efforts within the Contact Group on Piracy off the
Coast of Somalia following the adoption of Security Council resolution 1851 (2008)
of 16 December 2008, including at its twenty-second plenary session, chaired by
Mauritius in Balaclava, Mauritius, in June 2019, and commends the contributions of
all States in the efforts to fight piracy off the coast of Somalia;
141. Recognizes the primary responsibility of the Federal Government of
Somalia in combating piracy and armed robbery at sea off the coast of Somalia,
acknowledges the importance of a comprehensive and sustainable settlement of the
situation in Somalia, and emphasizes the need to address the underlying causes of
piracy and to assist Somalia and States in the region, at their request, in strengthening
institutional capacity to fight piracy and tackle its underlying causes, including the
financing or facilitation of acts of piracy, and armed robbery against ships off the
coast of Somalia and to bring to justice those involved in such acts;
142. Notes the International Maritime Organization guidelines to assist in the
investigation of the crimes of piracy and armed robbery against ships, revised interim
guidance to shipowners, ship operators and shipmasters on the use of privately
contracted armed security personnel on board ships in the high-risk area, revised
interim recommendations for flag States regarding the use of privately contracted
armed security personnel on board ships in the high-risk area, revised interim
recommendations for port and coastal States regarding the use of privately contracted
armed security personnel on board ships in the high-risk area, interim guidance to
private maritime security companies providing privately contracted armed security
personnel on board ships in the high-risk area, and interim guidance for flag States
on measures to prevent and mitigate Somalia-based piracy;
143. Notes 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 pirates off the coast of
Somalia;
144. Encourages States to ensure that ships flying their flag apply ship security
measures approved in accordance with national and international law;
145. Notes the efforts made by the shipping industry to cooperate with the
efforts by States regarding piracy off the coast of Somalia, in particular in assisting
ships that navigate in that area, and recalls the adoption on 30 November 2011 by the
Assembly of the International Maritime Organization of resolution A.1044(27) on
piracy and armed robbery against ships in waters off the coast of Somalia;
146. Also notes the continued implementation of the Code of Conduct
concerning the Repression of Piracy and Armed Robbery against Ships in the Western
Indian Ocean and the Gulf of Aden (Djibouti Code of Conduct), adopted on
29 January 2009 under the auspices of the International Maritime Organization, in the
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58
59
19-21313
S/PRST/2010/16; see Resolutions and Decisions of the Security Council, 1 August 2010–31 July
2011 (S/INF/66).
S/PRST/2012/24; see Resolutions and Decisions of the Security Council, 1 August 2012–31 July
2013 (S/INF/68).
25/57