S/RES/2383 (2017)
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 activities in the ocean, including countering
piracy and armed robbery at sea,
Recognizing the need to investigate and prosecute not only suspects captured
at sea, but also anyone who incites or intentionally facilitates pirac y operations,
including key figures of criminal networks involved in piracy who plan, organize,
facilitate, or illicitly finance or profit from such attacks, and reiterating its concern
over persons suspected of piracy having been released without facing j ustice,
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,
Welcoming the successful prosecution of piracy cases in Belgium, India,
Mauritius, and the Seychelles during the past year, 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, which has led to pirates
in many cases being released without facing justice, regardless of whether there is
sufficient evidence to support prosecution, and reiterating that, consistent with the
provisions of The Convention concerning the repression of piracy, the 1988
Convention for the Suppression of Unlawful Acts Against the Safety of Maritime
Navigation (“SUA Convention”) provides for parties to create criminal offences,
establish jurisdiction, and accept delivery of persons responsible for, or suspected of
seizing, or exercising control over, a ship by force or threat thereof, or any other
form of intimidation,
Underlining the primary responsibility of the Somali authorities in the fight
against piracy and armed robbery at sea off the coast of Somalia, noting the several
requests from Somali authorities for international assistance to counter piracy off its
coast, including the letter of 2 November 2017, from the Permanent Representative
of the Permanent Mission of Somalia to the United Nations expressing the
appreciation of Somali authorities to the Security Council for its assistance,
expressing their willingness to consider working with other States and regional
organizations to combat piracy and armed robber y at sea off the coast of Somalia,
asking member states and international organizations to support the Federal
Government of Somalia in its efforts to address illegal, unreported, and unregulated
fishing in its Exclusive Economic Zone, and requesting that the provisions of
resolution 2316 (2016) be renewed for an additional 12 months,
Welcoming the participation of the Federal Government of Somalia and
regional partners in the 20th plenary session of the Contact Group on Piracy off the
Coast of Somalia (CGPCS) in Mauritius July 5–7, 2017, co-hosted by the Indian
Ocean Commission under the Chairmanship of the Republic of the Seychelles,
Recognizing the work of the CGPCS and the Law Enforcement Task Force t o
facilitate the prosecution of suspected pirates, and the intentions of the Regional
Capacity Building Working Group to identify regional priorities and coordination of
capacity-building activities and regional responsibilities,
Welcoming the financing provided by the Trust Fund to Support Initiatives of
States Combating Piracy off the Coast of Somalia (the Trust Fund) to strengthen
regional ability to prosecute suspected pirates and imprison those convicted in
accordance with applicable international human rights law, noting with appreciation
the assistance provided by the United Nations Office of Drugs and Crime (UNODC)
Maritime Crime Programme, and being determined to continue efforts to ensure that
pirates are held accountable,
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