Piracy at sea is similar to hijacking in air. Both involve armed aggression to take control of a moving vessel and causing unlawful interference in its scheduled movement. The issue can be accounted for under the domestic laws of the country in which the incident takes place. However complex issues arise when the incidents take place across territories or in areas over which no country has jurisdiction such as the high seas. It is in this context that international community has to arrive at a just solution. The rise in the number of incidents of piracy by the alleged Somalian pirates led the Security Council of the United Nations to deliberate vigorously over the issue.
It is in this this context that the Secretary General has presented its report to the Security Council "on possible options to further the aim of prosecuting and imprisoning persons responsible for acts of piracy and armed robbery at sea off the coast of Somalia, including, in particular, options for creating special domestic chambers possibly with international components, a regional tribunal or an international tribunal and corresponding imprisonment arrangements, taking into account the work of the Contact Group on Piracy off the Coast of Somalia, the existing practice in establishing international and mixed tribunals, and the time and resources necessary to achieve and sustain substantive results."
The Summary of the Report reads as under;
The Security Council, in its resolution 1918 (2010) of 27 April 2010, requested the Secretary-General to present a report on possible options to further the aim of prosecuting and imprisoning persons responsible for acts of piracy and armed robbery at sea off the coast of Somalia, including, in particular, options for creating special domestic chambers possibly with international components, a regional tribunal or an international tribunal and corresponding imprisonment arrangements, taking into account the work of the Contact Group on Piracy off the Coast of Somalia, the existing practice in establishing international and mixed tribunals, and the time and resources necessary to achieve and sustain substantive results. In response, the Secretary-General has identified seven options for the Security Council to consider:
Option 1: The enhancement of United Nations assistance to build capacity of regional States to prosecute and imprison persons responsible for acts of piracy and armed robbery at sea off the coast of SomaliaOption 2: The establishment of a Somali court sitting in the territory of a third State in the region, either with or without United Nations participationOption 3: The establishment of a special chamber within the national jurisdiction of a State or States in the region, without United Nations participationOption 4: The establishment of a special chamber within the national jurisdiction of a State or States in the region, with United Nations participationOption 5: The establishment of a regional tribunal on the basis of a multilateral agreement among regional States, with United Nations participationOption 6: The establishment of an international tribunal on the basis of an agreement between a State in the region and the United NationsOption 7: The establishment of an international tribunal by Security Council resolution under Chapter VII of the Charter of the United Nations
In all, the report provides vital insights on the issue of piracy at sea and reflects upon the possible mechanisms to overcome the issue which has been an international concern lately. Have a look at the Report.
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