Ki-moon commended the efforts undertaken so far to combat piracy on the coast of Somalia. He stressed that more can be done to bring the perpetrators of such crimes to justice.

“Over the past three years, the international community has made concerted efforts to combat the problem, including by establishing a Contact Group and deploying significant naval assets to the region,” he said.

“Nonetheless, we can do more,” he added. “In particular, we need to implement the existing legal regime, so the fight against piracy in international waters is effective.”

Ki-moon identified seven options for furthering the aim of prosecuting and imprisoning persons responsible for acts of piracy and armed robbery at sea, which has been a growing problem in recent years.

In the past seven months there have been 139 piracy-related incidents off the coast of Somalia, he noted. 30 ships have been hijacked, and 17 ships and 450 seafarers are being held for ransom.

The first option presented in the report is to enhance ongoing efforts to assist regional States to prosecute and imprison those responsible for acts of piracy and armed robbery at sea.
The second would involve locating a Somali court, applying Somali law, in a third State in the region.

The third and fourth options would involve assisting a regional State or States to establish special chambers, embedded in the State’s national court structure, to conduct piracy trials.
Option five would require active engagement by the States of the region and the African Union to establish a regional tribunal to address the scourge of piracy.

Option six would be an international tribunal – analogous to existing “hybrid” tribunals – with national participation by a State in the region. Option seven would be a full international tribunal, established by the Security Council acting under Chapter VII of the Charter.

Ban emphasized that achieving substantive results in combating piracy – whether through a new or existing judicial mechanism – will require political and financial commitment from Member States.

“We will need both to establish the mechanism and ensure that it has the capacity and resources to prosecute a large number of suspects, while ensuring due process,” he stated.

“Furthermore, in considering the establishment of such a mechanism, a host State will need to be identified.

“This, in turn, will require adequate arrangements for transferring those convicted to third States for their imprisonment. This is particularly relevant given the large number of suspects apprehended at sea.”

The UN boss said he will appoint a special adviser on legal issues related to piracy off the coast of Somalia.