YouSaid · the spoken record

Mathias

lines on the record
7
first
2011-01-25
most recent
2011-01-25
sittings or episodes
1
sources
un-security-council

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  1. “As we understand it, they would receive capacity-building assistance but would not have United Nations participation through United Nations-selected international judges or prosecutors. Those tribunals, therefore, would fall under option 3, as set out in the Secretary-General's report of July 2010. That report identified a number of potential advantages and disadvantages of such special chambers. Our understanding is that the United Nations Office on Drugs and Crime is already supporting national prosecutions in the regions of Somalia and working towards the establishment of such special courts. The proposal for an extraterritorial specialized court, applying Somali law, to sit in a third country in the region, would fall under option 2 in the Secretary- General's report of last July.”

    2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source

  2. “The potential size of the piracy-related prison population and the fact that most of the suspects are not nationals of the prosecuting States have certainly contributed to the difficulties associated with finding a potential host State for any new judicial mechanism. The Special Adviser has proposed a three-part Somali court system, comprising specialized courts in Puntland and Somaliland and an extraterritorial specialized court to sit in a third country in the region. It may be helpful for members of the Council if I briefly relate those proposals to the options that were set out in the Secretary-General's report. The specialized courts sitting in Puntland and Somaliland, as proposed by the Special Adviser, would be special chambers, sitting Within a national jurisdiction.”

    2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source

  3. “The key to increasing the number of States that are able to prosecute acts of piracy, whether they be in the region or elsewhere, lies in national implementation of this international legal regime and in the will to take on prosecutions. This is consistent with the call in resolution 1950 (2010) for all States to criminalize piracy under their domestic law and to favourably consider the prosecution of suspected, and imprisonment of convicted, pirates apprehended off the coast of Somalia, consistent with applicable international law, including international human rights law. Given the large number of suspects being detained at sea by naval forces, the Special Adviser has emphasized that putting in place adequate prison arrangements is equally as important as considering the options for prosecution.”

    2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source

  4. “Clearly, apprehension, detention, prosecution and imprisonment must all take place in accordance with a State's international human rights and other obligations. The Special Adviser has rightly underlined that the Law of the Sea Convention and customary international law provide for universal jurisdiction over acts of piracy; that is, all States are entitled to take criminal jurisdiction over acts of piracy, no matter where they occur and no matter what the nationality of the suspect or the victim. No connection between the prosecuting State and the act of piracy is required. This is the broadest possible legal basis for States to exercise jurisdiction under international law. Any State may seize a pirate ship or a ship under the control of pirates, any State may arrest the suspects and any State may prosecute them.”

    2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source

  5. “The legal framework under international law is set out in the 1982 United Nations Convention on the Law of the Sea, which also reflects customary international law. Other instruments, such as the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, may also be relevant to combating piracy, since some elements of the act of piracy may also constitute offences under such instruments. In the context of Somalia, the legal regime is complemented by a number of Security Council resolutions. The Djibouti Code of Conduct concerning the repression of piracy and armed robbery against ships in the Western Indian Ocean and the Gulf of Aden is also an important vehicle for cooperation among regional States. Regarding the repression of piracy, States remain bound by other applicable rules of international law.”

    2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source

  6. “Lang's report are proposals with respect to improving the operational aspects of the fight against piracy, economic and development proposals and proposals to build the capacities of Somalia's security forces. His report to the Secretary-General and the recommendations contained therein are being reviewed by the Secretary- General and his advisers. I will now make just a few brief comments on some of the legal aspects of the report, and also refer members of the Council to the relevant parts of the Secretary-General's report (S/2010/394) of 26 July 2010, which dealt with some of the same issues. First, I would like to underline the Special Adviser's references to the international legal framework applicable to piracy.”

    2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source

  7. “Mr. Mathias: I would like to thank Mr. Lang for his wide-ranging and multidimensional report (see S/2011/30) to the Secretary-General, as well as for his presentation this morning. Mr. Lang was appointed on 25 August 2010 as the Special Adviser to the Secretary-General on Legal Issues related to Piracy off the Coast of Somalia. In just four months, he has travelled and consulted widely and has brought together a large amount of information into a coherent report that identifies various strands of possible actions by the international community. Some of those strands relate to piracy-related issues that are not of a legal character. While those are not of direct concern to the Office of Legal Affairs, I note that among the proposals in Mr.”

    2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source