A/RES/72/73
Oceans and the law of the sea
piracy and armed robbery at sea continue to pose in the region off the coast of
Somalia, notes the adoption by the Security Council of resolution 2383 (2017) of
7 November 2017, as well as the statements by the President of the Council of
25 August 2010 52 and of 19 November 2012, 53 also notes that the authorization in
resolution 2383 (2017) and relevant resolutions 54 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, with respect to any other situation, and unde rscores, in particular, that
they shall not be considered as establishing customary international law;
132. 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, and commends the contributions of all States in the efforts to
fight piracy off the coast of Somalia;
133. Takes note of the outcome of the London Conference on Somalia held on
11 May 2017, and the commitment of the Federal Government of Somalia and federal
member states of Somalia to developing their maritime security capabilities;
134. 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;
135. 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 ar med 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;
136. Welcomes the successful prosecution of piracy cases in Belgium, India,
Mauritius and Seychelles during the past year, as well as the successful cooperation
between China and Somalia in transferring suspected pirates in May 2017, while
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 pirates off the coast of Somalia;
137. Encourages States to ensure that ships flying their flag apply ship security
measures approved in accordance with national and international law;
138. 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
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52
53
54
24/55
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).
See Security Council resolution 2316 (2016), first preambular paragraph.
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