November 5, 2012 Leave a comment
As noted by Christine, India has assumed the month-long presidency of the UN Security Council and has brought piracy to the center of the debate. As the Security Council Report points out this is the first time that piracy has been addressed as a thematic issue as opposed to in a state or regional discussion.
A key issue for the Council is how to strengthen the international response to piracy as a global threat to international peace and security.
Another issue is what lessons can be learned from the experiences gained so far at the regional level that may be applied universally. These experiences cover areas such as effective coordination and cooperation mechanisms, preventive measures taken by the shipping industry (which include the use of privately contracted armed security personnel on ships), strengthening legal frameworks to ensure accountability for acts of piracy, capacity-building for states in the affected regions and addressing the root causes of piracy. A related issue is the difference across regions in the way pirates operate and the capacity of regional states to take effective action.
There also seems to be growing recognition of the human cost of piracy as an issue deserving more attention, including how to ensure assistance to hostages and their families.
The main option for the Council is to adopt a presidential statement that would call for strengthened international action against piracy based on some of the experiences already gained and mechanisms in place. Such a statement could also ask the Secretary-General for a report on piracy at the global level and recommendations for further action.
The framework adopted by the Security Council could form the basis for the further solidification of customary international law. While the Security Council has issued numerous resolutions regarding piracy off the coast of Somalia, it has been careful to disclaim any opinio juris in creating precedents that might contradict UNCLOS. A further strengthening of the UNCLOS framework, in addition to an elucidation of areas of ambiguity in the treaty would be welcome in light of continued acts of piracy off the coast of Somalia, in the Gulf of Guinea, in the Malacca Straight, and, potentially, in new areas where conditions are ripe for such criminality.