BAKMUN 2010, research report 1st Committee.

Chairs: Joshua Mukanya & Katharina Qvale

Question of: Providing a framework for the repression of piracy on the coast of Somalia.
Background:
The piracy activities started as a result of the collapse of Somalian
government in 1991 and the loss of authority on the shores. Nearly
every day there is an organized attack. The pirates approach to the
ships by small boats that have powerful engines. They capture the
ship via AK-47 rifles and bazookas, and get nearly 2 million dollars
for each ship. Illegal fishing and the dumping of toxic waste in
Somali waters by foreign vessels constrain the ability of locals to earn a living. Foreign
corporations are exploiting valuable resources in these waters. Some pirates have suggested
that, in the absence of an effective national coastguard following the outbreak of the Somali
Civil War, they became pirates in order to protect their waters.

Current situation
In the past seven months, there have been 139 piracy-related incidents off the coast of
Somalia. Thirty ships have been hijacked. Seventeen ships and 450 seafarers are being held
for ransom. Over the past three years, the international community has made concerted efforts
to combat the problem, including the establishment of a Contact Group and deploying
significant naval assets to the region.

Piracy as an International Crime

Piracy is one of the first examples of “international crimes” in history for which all the
countries have authorized to judge the offenders. This list has also contained crimes such as
“slavery”, “genocide” and “war crimes”. The main reason why all states have been authorized
to take precautions against these crimes is that the size of crime for international order is very
huge and nature of crime is very extreme.

UN Convention on the Law of the Sea of 1982

UNCLOS- states that all states are liable for keeping under piracy within their possibilities on
the high seas or in any other place outside the jurisdiction of any State (Article 100). The
agreement states that piracy is any illegal acts of violence or detention, or any act of
depredation, committed for private ends by the crew or the passengers of a private ship or a
private aircraft In order to consider any act as a piracy, the act is to be realized on open sea
and in any place which is not belonged to any country (Article 101). According to the same
agreement, a ship is considered a pirate ship or aircraft if it is intended by the persons in
dominant control to be used for the purpose of committing one of the acts referred to in article
101. The same applies if the ship has been used to commit any such act, so long as it remains
under the control of the persons guilty of that act (Article 103). On the high seas, or in any
other place outside the jurisdiction of any State, every State may seize a pirate ship, or a ship
taken by piracy and under the control of pirates, and arrest the persons and seize the property
on board. The courts of the State which carried out the seizure may decide upon the penalties
to be imposed, and may also determine the action to be taken with regard to the ships and
property, subject to the rights of third parties acting in good faith (Article 105).

Implications
The Suez Channel that has been serving as the nearest sea-lane between Europe and Asia for
139 years looses favor. Passing the Cape of Good Hope instead is a possibility. However,
passing the Cape of Good Hope will increase oil expenses; extend the sailing with twenty
days, and thereby raising transportation expenses. Experts warn that the prices of goods from
Asia, especially from China, will increase. Insurance companies have begun to highly raise

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BAKMUN 2010, research report 1st Committee.
Chairs: Joshua Mukanya & Katharina Qvale
the premiums. UN Secretary General, Ban Ki Moon said, “I strongly disapprove the combat
piracy activities and armed robberies in the sea wherever they happen”. It is indicated that the
pirates have got nearly thirty million dollars from the ransoms paid until now. Trade is badly
affected, humanitarian assistance is hindered, and the provisional government is weakened.

The USA completely terminated combat piracy on Caribbean and its own shores by
establishing a cost guard. However Somalia and Malay channel continue to be threats. Active
Endeavour Operation on Eastern Mediterranean by NATO - Standing Naval Force
Mediterranean STANAVFORMED has been started beginning from 9th of October 2001 and
it has been extended to all Mediterranean. Recently there has been no sea-based terror in the
Mediterranean.
Although 72% of reported pirate attacks occur while the vessel is anchored in port or in
territorial waters of a specific countries, the ones that occur in international waters are more
difficult to regulate since prosecuting individuals captured in international waters is more
complex. Pirates have taken to plying their trade 200-plus miles off the coast, watery
territories nobody owns. Fighting piracy may take more than international conferences and
legal frameworks. Nearly two decades after UNCLOS, piracy is a major international issue.
The UN aims at executing these policies against the pirates
* Detection and patrol duties,
* Interrogating trade ships that are suspected to do combat piracy or armed robbery via
wireless, boarding these ships in case of having the approval of countries to which the ships
are belonged, interfering these ships in the scope of international laws if they have no flag,
* Providing escort and guard services to merchant ships,
* Assisting the merchant ships which are attacked by the pirates or armed robbers,
* Interfering, stopping, disabling and seizure the marine vehicles driven by the pirates or the
armed robbers, compulsion as needed and according to conditions, capturing and holding the
pirates or armed robbers in these marine vessels if necessary, accepting related country
authorities to the ship for executing the judicial procedure in the case that there are necessary
regulations and agreement with the related countries in order to realize a procedural act
against the pirates and armed robbers in conformity with UN Security Committee Decision,
* In the scope of the agreements/ regulations determined, holding the offenders of the combat
piracy and armed robbery in the ship until they will be delivered to the related country
authorities,
* Delivering the offenders of the combat piracy and armed robbery to state authorities,
* If necessary, execution of all kind of the procedures regarding law enforcement officer
including interrogation and determination of evidence.

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BAKMUN 2010, research report 1st Committee.
Chairs: Joshua Mukanya & Katharina Qvale
Useful links
http://www.un.org/Depts/los/convention_agreements/texts/unclos/part7.htm
http://www.bbc.co.uk/news/
http://search.un.org/search?ie=utf8&site=un_org&output=xml_no_dtd&client=UN_Website_
English&num=10&lr=lang_en&proxystylesheet=UN_Website_en&oe=utf8&q=piracy&Sub
mit=Go
http://www.marecentre.nl/people_and_the_sea_2/documents/piracy.pdf
http://www.un.org/apps/news/story.asp?NewsID=29725&Cr=somalia&Cr1=pirates
https://www.cia.gov/library/publications/the-world-factbook/geos/so.html
http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-
CF6E4FF96FF9%7D/Update%20Report%2020%20April%2010_Somalia.pdf
http://www.bbc.co.uk/news/world-us-canada-11007464
http://en.wikipedia.org/wiki/Piracy_in_Somalia

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