United States participation in international efforts to combat piracy.

• Author: Crook, John R.

The United States continues to play a major role in international efforts to combat piracy in waters off the coast of Somalia. (1)

Action in the UN Security Council. The United States played major roles in the adoption of several unanimous Chapter VII Security Council resolutions addressing this problem. In June 2008, acting with Somalia's consent, the Council adopted Resolution 1816. This resolution authorized states participating in anti-piracy operations, and that have been notified by the Transitional Federal Government of Somalia (TFG) to the secretary-general, to treat Somalia's territorial waters as through they were high seas for the purpose of repressing piracy and to use "all necessary means" in Somalia's territorial waters to that end. (2) Excerpts follow:

The Security Council,

Acting under Chapter VII of the Charter of the United Nations,

1. Condemns and deplores all acts of piracy and armed robbery against vessels in territorial waters and the high seas off the coast of Somalia;

2. Urges States whose naval vessels and military aircraft operate on the high seas and airspace off the coast of Somalia to be vigilant to acts of piracy and armed robbery and, in this context, encourages, in particular, States interested in the use of commercial maritime routes off the coast of Somalia, to increase and coordinate their efforts to deter acts of piracy and armed robbery at sea in cooperation with the TFG;

7. Decides that for a period of six months from the date of this resolution, States cooperating with the TFG in the fight against piracy and armed robbery at sea off the coast of Somalia, for which advance notification has been provided by the TFG to the Secretary General, (3) may:

   (a) Enter the territorial waters of Somalia for the purpose of repressing acts of piracy and armed robbery at sea, in a manner consistent with such action permitted on the high seas with respect to piracy under relevant international law; and

   (b) Use, within the territorial waters of Somalia, in a manner consistent with action permitted on the high seas with respect to piracy under relevant international law, all necessary means to repress acts of piracy and armed robbery;

8. Requests that cooperating States take appropriate steps to ensure that the activities they undertake pursuant to the authorization in paragraph 7 do not have the practical effect of denying or impairing the right of innocent passage to the ships of any third State[.] (4)

   Three more resolutions followed in 2008. In October, the Council approved Resolution 1838, calling on interested states to deploy naval vessels and military aircraft to fight piracy on the high seas off Somalia and to use "necessary means, in conformity with international law" to repress piracy. (5) Excerpts follow:

   The Security Council[]

1. Reiterates that it condemns and deplores all acts of piracy and armed robbery at sea against vessels off the coast of Somalia;

2. Calls upon States interested in the security of maritime activities to take part actively in the fight against piracy on the high seas off the coast of Somalia, in particular by deploying naval vessels and military aircraft, in accordance with international law, as reflected in the [Law of the Sea] Convention;

3. Calls upon States whose naval vessels and military aircraft operate on the high seas and airspace off the coast of Somalia to use on the high seas and airspace off the coast of Somalia the necessary means, in conformity with international law, as reflected in the Convention, for the repression of acts of piracy;

4. Urges States that have the capacity to do so to cooperate with the TFG in the fight against piracy and armed robbery at sea in conformity with the provisions of resolution 1816 (2008);

5. Urges also States and regional organizations, in conformity with the provisions of resolution 1814 (2008), to continue to take action to protect the World Food Programme maritime convoys, which is vital to bring humanitarian assistance to the affected populations in Somalia;

6. Urges States, as requested in particular by International Maritime Organization resolution ("IMO") A-1002(25), to issue to ships entitled to fly their flag, as necessary, advice...