YouSaid · the spoken record

Obrien

lines on the record: 875
first: 2010-06-29
most recent: 2017-08-30
sittings or episodes: 46
sources: un-security-council

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“This is a most important development that accords with the emphasis of the Security Council in its resolution 2015 (2011) on the need to prosecute not only suspects captured at sea, but also the key figures of the criminal networks who organize and profit from piracy attacks. In this regard, I would also like to draw attention to the newly established Working Group 5 of the Contact Group, chaired by Italy, focusing on the illicit financial flows associated with piracy, with a View to disrupting the financing and planning of piracy attacks. Finally, I would like to draw attention to the detailed implementation proposals for specialized anti-piracy courts set out in the report, as requested by the Security Council in resolution 2015 (2011).”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“The willingness of the Government to host a regional prosecution centre is, understandably, contingent upon there being an effective post-trial transfer framework in place so that those convicted can serve their sentences in Somalia. This is a further important consideration that has been prominent in each of the three reports of the Secretary-General. Prosecutions in the region will meet a bottleneck unless there is international assistance to ensure sufficient prison spaces to accommodate those convicted, ideally in Somalia. Seychelles will also open, in the course of this year, the Regional Anti-Piracy Prosecution and Intelligence Coordination Centre. The Centre will develop the regional expertise to track piracy finances and develop cases for the prosecution of those who plan, organize and finance piracy attacks.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“These are the Working Groups dealing 12-23794 with operational coordination matters and legal issues, respectively. A further important development that I would like to draw to the attention of the Council is the willingness of the Government of Seychelles to host a regional prosecution centre. UNODC is already providing assistance to this end. Consistent with the principles identified by Mr. Jack Lang, the purpose of the centre is to act as a focal point for regional and international support for the prosecution of piracy suspects, and to provide a location offering relative logistical ease for their transfer by naval forces. I would like to take this opportunity to commend the Government of Seychelles for this initiative.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“We do not know the reasons underlying this low number of requests for transfer to regional States. It may be, therefore, that some further research and analysis would be needed before any decisions are finalized regarding the caseload capacities that should be aimed for in the courts of the regional States. The Special Adviser to the Secretary-General, Mr. Jack Lang, reported in January 2011 that around 90 per cent of those apprehended at sea are released. If such a large number of suspects are being released at sea, it would be key to the effectiveness of the international community's efforts to combat piracy to determine why this is the case. Working Groups 1 and 2 of the Contact Group on Piracy off the Coast of Somalia might wish to take up this question.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“The projected maximum capacities for each are based on the best estimates of UNDP and UNODC. They are not necessarily guaranteed. Secondly, the report outlines a possible discrepancy between the maximum achievable caseload capacity and the actual demand for prosecutions being generated by the capture of piracy suspects at sea by naval forces off the coast of Somalia. The three naval coalitions engaged in anti-piracy operations off the coast of Somalia made only three requests to regional States - Kenya and Seychelles - for the transfer of piracy suspects in 2011, involving a total of 42 suspects. The transfer of all of these suspects was accepted. Only one incident was reported by the naval coalitions in which the suspects were released in circumstances where there may have been sufficient evidence to pursue prosecution.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“The cost of the assistance for prosecutions set out in the report over a three-year period in Puntland and Somaliland would total a little more than $7 million, and over a two-year period in the four remaining regional States around $9.5 million. The potential is therefore for more suspects to be prosecuted per year in those five regional States than the total number of piracy suspects prosecuted globally since 2006, and at a cost that is modest, I suggest, compared to that of any of the existing international or hybrid tribunals. However, the maximum caseload capacity that I have just described is not necessarily a recommended target. I will outline the reasons for this. First, the size and resources of the various jurisdictions considered in the report vary considerably.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“On that basis, the conclusion of the report is that those jurisdictions collectively could achieve a total of around 125 piracy prosecutions per year, with up to 10 suspects in each case. Therefore, if international assistance were maximized, up to 1,250 piracy suspects could be prosecuted each year in accordance with international standards. That increase in capacity could be achieved within two years in Puntland and Somaliland, with an additional year of mentoring and monitoring, and within one year in each of the other jurisdictions, although the assistance should be maintained beyond one year in order to sustain the results.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“In respect of each of Puntland, Somaliland, Seychelles, Kenya, Mauritius and Tanzania, the report analyses, first, the current capacity to investigate and conduct piracy prosecutions and to imprison those convicted. In doing so, it sets out the international assistance that has been provided to date. Secondly, the report analyses the potential case-load capacity that each of those jurisdictions could achieve through the provision of further international assistance. In other words, it sets out the number of cases that could be prosecuted per year in accordance with international standards if capacity were maximized through the provision of further international assistance.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“The term "specialized anti-piracy court" is therefore used in the report to refer to a court operating under national law, with international assistance, with a focus on the prosecution of piracy cases. Turning to the substance of the report, the Security Council's request asks, in particular, about the kinds of international assistance needed for specialized anti-piracy courts, including the provision of international personnel, the projected case capacities of such courts, and the timeline and costs for their establishment. We have addressed each of those aspects of the request through detailed consultations with the relevant police, prosecution, judicial and prison authorities of the five regional States.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“Jack Lang. That was the subject of the Secretary-General's second report, dated 15 June 2011. However, as Mr. Lang's proposal concerns a national Somali court, not any form of international court, we have briefly reviewed it again in the context of the current report. That can be found in paragraphs 37 and 38 of the current report. The third point that I would like to make concerns the words "specialized anti-piracy courts" in 3 the Security Council's request. Consultations with the national authorities of the five States concerned indicate that they would not favour establishing new special courts with jurisdiction exclusive to piracy offences. They consider that that would constrain scarce prosecution and judicial resources to piracy cases in the absence of any certainty that they would be consistently and fully occupied.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“The courts that are the subject of the Security Council's request, therefore, are courts established by the regional States themselves - their own domestic courts. The request does not concern the range of other options for special domestic chambers, possibly with international components, a regional tribunal or an international tribunal. Those were all the subject of the Security Council's first request to the Secretary- General in resolution 1918 (2010), and were dealt with in the Secretary-General's report dated 26 July 2010 (S/2010/394). Secondly, the Security Council's request in resolution 2015 (2011) does not expressly mention the possibility of a Somali specialized anti-piracy court sitting extraterritorially in the territory of another State in the region, as proposed by the Special Adviser of the Secretary-General, Mr.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“They each underlined the continuing need for contributions by States, international organizations and the shipping industry to the Trust Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia. Before outlining the substance of the report, I would like to mention three initial points as to its scope. The first point is that the Security Council's request in resolution 2015 (2011) concerns national courts in Somalia and other States in the region. It does so by requesting the Secretary-General, UNODC and UNDP to conduct consultations with Somalia and other States in the region that are willing to establish specialized anti-piracy courts, and that the consultations concern the kind of international assistance, including the provision of international personnel, required to make such courts operational.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“I am most grateful to those States for their cooperation in the preparation of the report and for their dedication in combating piracy. In respect of Somalia, the report deals with Puntland and Somaliland, as those are the regions where the security situation, although not ideal, allows for international assistance for prosecutions to be delivered. A point made firmly to us in the course of the consultations, which has been reflected in the report, is 12-23794 that the States in the region that are conducting piracy prosecutions have taken on a heavy responsibility that entails a commitment of national resources, as well as security risks. It is key that the international community both acknowledge the important prosecution role that they are playing and match their commitment with strong international support and assistance.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“The Security Council's request to the Secretary- General in resolution 2015 (2011) focuses on further consultations with Somalia and other States in the region willing to establish specialized anti-piracy courts. At the outset, it is important to recognize that a great deal is already being done to ensure the prosecution of piracy suspects. A total of 20 States worldwide have been prosecuting, or have prosecuted, a total of 1,063 piracy suspects since 2006. Of that total, more than 900 of the suspects have been prosecuted in 11 States in the region. Of those 11 States in the region, five are prosecuting piracy suspects with the assistance of the United Nations, or are seriously considering doing so. They are Somalia, Seychelles, Kenya, Mauritius and Tanzania.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“The report has also had input from the Department of Political Affairs, the United Nations Political Office for Somalia and the International Maritime Organization. Consultations have been held with the Department of Peacekeeping Operations, the Department of Safety and Security, the Office of the United Nations High Commissioner for Human Rights and INTERPOL. In responding to the Security Council's request in resolution 2015 (2011), UNDP and UNODC have conducted detailed consultations with the relevant police, prosecution, judicial and prison authorities in the concerned regional States. Senior members of the Office of Legal Affairs have followed up with consultations with the Governments concerned through their Permanent Missions in New York.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“The human, commercial and security interests under threat engage a large number of States and international and regional organizations that all have a stake in finding a solution. Against that background, the Secretary-General's report on specialized anti-piracy courts is the third in a 12-23794 series of such reports requested by the Security Council that I believe will assist the Council's deliberations. As with the previous reports, it has been prepared by my Office in close consultation with Mr. Fedotov's Office and the United Nations Development Programme (UNDP). We have, of course, been working very closely throughout the entire process with our colleagues in UNODC, both in Vienna and in Nairobi.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“The priority and importance that my Office gives to piracy reflect the Security Council's close attention to that serious issue. The human cost of piracy off the coast of Somalia is incalculable, with killings and widespread hostage-taking. Although the numbers of incidents of piracy off the coast of Somalia declined during 2011, as did the success rate of such attacks, there were nevertheless 265 hostages being held at the end of 2011. Increasing levels of violence and the expanding geographical scope of the attacks are all extremely worrying. As I said when presenting the previous report (8/2011/360) on behalf of the Secretary-General in June last year (S/PV.6560), the problem of piracy clearly demonstrates the increasing interdependence of States and people in a globalized world.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“Today's meeting of the Security Council to consider the Secretary-General's report marks the beginning of a busy schedule in which the international community is focusing its attention on the need to counter piracy effectively and to bring the terrible human suffering and economic costs to an end. The London conference will provide an important opportunity for the international community to discuss piracy in the context of the wider issues facing Somalia. The hope and expectation are to drive forward the progress that has been made in a number of areas. It will be followed in March by meetings of the working groups of the Contact Group on Piracy off the Coast of Somalia, which will be able to follow up and implement the elements agreed at the political level.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“Council 2 members will recall that, as far back as March 2009, the Secretary-General dispatched me on a mission to Kenya to discuss the issue with the Kenyan authorities and the United Nations offices active on the ground. In April last year, he dispatched me again to represent him at the conference organized and hosted by the Government of the United Arab Emirates on "Global Challenge, Regional Responses: Forging a Common Approach to Maritime Piracy". The Secretary-General himself will attend the London conference on Somalia, to be attended by Heads of State and Government and other senior representatives.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“Ms. O'Brien: I am pleased, on behalf of the Secretary-General, to have this opportunity to present his report on specialized anti-piracy courts in Somalia and other States in the region (S/2012/50), alongside Mr. Fedotov, Executive Director of the United Nations Office on Drugs and Crime (UNODC). The Secretary- General has consistently pressed the United Nations and other international organizations to do more to contribute to a solution to the complex problem of piracy off the coast of Somalia. He has been concerned also by the spread of this scourge to other regions and the consequent human and economic costs. The United Nations continues to stand ready to assist the international community to respond in the most effective way possible to counter piracy.”
2012-02-22 · UN Security Council · Security Council, S/PV.6719 (2012) · source
“Ms. O'Brien: I would like very briefly to acknowledge the great interest demonstrated by Member States in the debate and the close attention with which the Secretary-General's report (S/2011/360) has been analysed. I would like to take this opportunity to reiterate once again the Secretary-General's deep commitment to this issue and his concern about continuing concerns that we have relating to piracy. My Office and other relevant United Nations offices will continue to contribute proactively to finding solutions to the complex problems of piracy off the coast of Somalia, and I of course stand ready to assist the Security Council in any way I can as it takes forward its deliberations on the basis of the Secretary-General's report.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“If the Council wishes to mandate the Secretary-General to look in greater depth at any of the particular modalities considered in the report, or to request the Secretary- General actively to address any of the modalities with a view to moving towards the establishment of Somali specialized courts, including an extraterritorial Somali court, we will do so urgently. This brings to an end my introductory remarks. I am looking forward to the debate and am happy to answer any questions.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“The closest comparisons that we have may be the costs of the Special Panels in Timor- Leste, which were approximately $4 to $5 million dollars per year, and the Bosnia War Crimes Chamber, which costs about â‚¬13 million per year. If, at the other end of the spectrum, there were to be participation in an extraterritorial court by United Nations-selected judges, prosecutors and staff, the closest comparison would be the Extraordinary Chambers in the Courts of Cambodia, which is a national Cambodian court with a United Nations component embedded within it. Its budget for the current biennium is $92.3 million. I would like to underline the position that I set out at the beginning of my statement.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“It is difficult at this stage to estimate a timeline for the establishment of an extraterritorial court. Factors affecting the timeline would include, for example, the views of the concerned States and the need for the negotiation of an agreement between the Somali authorities and the host State for the establishment of the court. Some of the relevant factors are currently being addressed, such as the training of judges and other legal professionals, as well as the improvement of prison conditions in Somalia. We have also confirmed that legal experts from among the Somali diaspora would be contactable and may be available to mentor and assist Somali legal professionals. Similarly, it is difficult to estimate the costs of the establishment and functioning of an extraterritorial court at this stage.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“If the proposal for an extraterritorial Somali court were to proceed, a key modality would be the negotiation of an agreement between the Transitional Federal Government and the host State to regulate their respective rights and obligations. Drawing on the Lockerbie precedent, in which the United Kingdom and the Netherlands agreed in 1998 that a Scottish court could conduct a trial in the territory of the Netherlands, such agreement would be likely to require provisions to regulate the exercise of Somali jurisdiction within a specified location in the territory of the host State; the receipt and transfer of suspects through the territory of the host State; the security of premises and persons; privileges and immunities; cooperation between the two States; and the responsibility for costs.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“They consider that hosting the anti-piracy court would significantly increase the security risks to the ICTR, and potentially to the United Nations more widely. The fact that the premises are shared limits the ability to upgrade security. DSS therefore recommends that stand-alone premises would need to be found. The Government of the Seychelles considered that the proposal for an extraterritorial Somali anti-piracy court needed considerable further discussion and consultation before any substantive reply could be prepared for the Security Council. The Government of Mauritius supported the idea of on extraterritorial Somali anti-piracy court, but was faced with a number of practical difficulties and capacity constraints that prevented it from hosting a court at this stage.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“In such an event, the Government considered it imperative that prison construction in Somalia be completed on time to avoid those convicted being held in Tanzania for lengthy periods. The ICTR has confirmed that, as its work approaches completion, one courtroom, office space and cells for 30 piracy suspects could be made available. The office space and numbers of cells available will increase during 2012 and 2013. However, the ICTR also highlighted that its premises are within the Arusha International Conference Complex, which it shares with other international bodies. It also raised serious security concerns about hosting an extraterritorial Somali anti-piracy court within those premises. The United Nations Department of Safety and Security shares that concern and advises that a full security risk assessment would be needed.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“The Transitional Federal Government of Somalia and Somali regional authorities were not favourable to the location of a Somali court outside of Somalia. In the most recent consultations, officials of the Transitional Federal Government and of Puntland and Galmadug expressed their preference for the location of any such court within Somalia, and confirmed their willingness to work towards agreement on a location for it. Among the States of the region consulted as potential host States for an extraterritorial Somali court, the Government of Tanzania expressed its readiness to host the court within the current premises of the International Criminal Tribunal for Rwanda (ICTR) in Arusha.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“They would also need to consider the need for a specific legislative basis for the court or chamber. The views of the Transitional Federal Government and Somali regional authorities are important in the consideration of the proposal for the establishment of an extraterritorial Somali court or special chamber, as are the views of the States in the region that could potentially host such a court or special chamber. I and other senior members of my Office therefore conducted three sets of consultations, including in the region. We also sought views in writing. Those consulted were the Transitional Federal Government of Somalia and the regional authorities in Somaliland, Puntland and Galmadug, and Tanzania, Kenya, the Seychelles, Mauritius and Djibouti.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“The challenges facing these programmes of assistance in Somaliland and Puntland include critically out of date criminal and procedural codes and a shortage of trained judges and other legal professionals. As I emphasized in my introduction, an extraterritorial Somali court could be a new court established for the purpose located extraterritorially, a new specialized chamber established within an existing court located extraterritorially or an existing section of a Somali court located extraterritorially. In any of these events, the determination as to whether such court or chamber would be compatible with the relevant Somali constitutional provisions, or whether an amendment of the Transitional Federal Charter would be required for that purpose, would be for Somali authorities to make.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“Initial research by my Office confirms that there are legal professionals among the Somali diaspora who could be contacted to determine whether they would be willing and able to play that role. A further key step in opening the way for naval States to transfer suspects apprehended at sea to Somalia would be the building of new prisons in Somaliland and Puntland to provide a total of 1,000 prison spaces that complied with international standards. That will take about two years to achieve. The total cost of these UNDP and UNODC programmes of assistance over the next three years, both in relation to he courts and the prisons, is calculated at approximately $24 million. Salary and security costs would be likely to increase if international experts were deployed to assist the development of trial capacity.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“This will be a key development, because the courts in Somaliland and Puntland are conducting large numbers of prosecutions. Two hundred and ninety cases have been concluded or are ongoing in Puntland, with 94 cases in Somaliland. The programmes of assistance are aimed at increasing the numbers of prosecutions in each region by about 20 cases per year, with each case involving about 10 accused. Achieving international standards will be a critical step, because it will open the way for 3 naval States to be able to enter into arrangements with Somali authorities for the transfer of piracy suspects apprehended at sea to Somaliland and Puntland for prosecution. The timeline of three years could possibly be shortened through the use of international experts to assist and mentor local professionals.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“The Secretary-General's report also makes it clear that it would be for the Somali authorities to determine whether the establishment of new courts, or new specialized chambers within existing courts, would be compatible with the relevant provisions of the 1960 Constitution of the Somali Republic and the 2004 Transitional Federal Charter for the Somali Republic. To address Mr. Lang's recommendation regarding specialized courts in Somaliland and Puntland, UNDP and UNODC are engaged in programmes of assistance in the courts in those regions to build the capacity of the assize sections to try piracy cases. This important work is ongoing, and it is estimated that it will take around three years to bring piracy trials up to international standards.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“The resolution does not specify whether the recommendation concerns the establishment of new Somali courts, the establishment of new specialized chambers within existing Somali courts or the development of the capacity of the existing assize sections within Somali courts, which have jurisdiction to hear piracy cases. As that was not specified in the Security Council resolution, nor in Mr. Lang's report that led to it, the Secretary-General's report deals with all three of these possibilities.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“UNDP and UNODC are working to develop the capacity of the courts in Somaliland and 11-38134 Puntland to conduct piracy prosecutions in conformity with international standards. The report draws on that experience in assessing, in section II, the modalities for the establishment of specialized anti-piracy courts in Somalia and, in section III, the modalities for the establishment of an extraterritorial Somali anti-piracy court located in another State in the region. Before outlining the content of those two sections of the report, I would like to mention an initial point as to the scope of the report. Paragraph 26 of Security Council resolution 1976 (2011) asks the Secretary- General to report on the modalities for the establishment of specialized Somali courts to try suspected pirates.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“I would like to emphasize from the outset that, if the Council should wish to mandate the Secretary-General to look in greater depth at any of the particular modalities considered in the report, my Office and I stand ready to do so. Furthermore, if the Council wishes to request the Secretary-General actively to address any of the modalities with a View to moving towards the establishment of Somali specialized courts, we will do so as a matter of priority. We were greatly assisted in the preparation of the Secretary-General's report by the fact that UNDP, UNODC and UNPOS are active on the ground in Somalia in assisting Somali authorities to address some of these matters.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“The legal and practical considerations for the establishment of such courts include such matters as the constitutional and legal basis in Somalia; the need for adequate criminal and procedural legislation for the prosecution of pirates; a sufficient number of trained judges and other legal professionals; security considerations; sufficient prison accommodations that comply with international standards; financing; and the timeline for the establishment of such courts. These are the modalities that are the subject of the Secretary- General's report. The report contains a factual assessment of these modalities, based on the information that is set out in the five annexes to the report and the consultations with concerned regional States that my Office and I have conducted.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“Lang's report, in particular, have provided the impetus for productive inquiries by my Office, namely, the availability of legal experts among the Somali diaspora to add impetus to the development of Somali specialized courts and the need to disrupt the activities of the financiers and planners of piracy. The results of our consultations on the basis of these aspects highlighted by Mr. Lang are set out in annexes III and IV, respectively, to the Secretary-General's report. Mr. Lang noted in his report that the strengthening of the rule of law in Somalia remained the guiding principle underlying the proposal for the establishment of Somali specialized anti-piracy courts.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“Jack Lang, has been highly praised for comprehensively addressing the operational, security, jurisdictional and economic aspects of piracy off the coast of Somalia, and for setting out an emergency plan focused on Somalia. His report brings together, for the first time, all of the facets of the problem, and makes concrete suggestions for action. 11-38134 By making specific recommendations for the establishment of three Somali specialized anti-piracy courts, he has sharpened the debate and laid the ground for the detailed assessment of the modalities for such courts, as requested by the Security Council. Two aspects of Mr.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“It has had input from my Office, the United Nations Development Programme (UNDP), the United Nations Office on Drugs and Crime (UNODC), the Department of Political Affairs, the United Nations Political Office for Somalia (UNPOS), the Department of Peacekeeping Operations, the Department of Safety and Security (DSS), the Office of the High Commissioner for Human Rights and INTERPOL. In responding to the Security Council's request in resolution 1976 (2011), we have taken into account the work of the Contact Group on Piracy off the Coast of Somalia. I and other senior members of the Office of Legal Affairs have also consulted a number of concerned regional States. The report (S/2011/30, annex) of the Secretary- General's Special Adviser on Legal Issues Related to Piracy off the Coast of Somalia, Mr.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“The number and diversity of States and organizations with a stake in finding a solution provides strong evidence of this fact, with human welfare and commercial and security interests remaining under serious threat. Against this background, the Secretary-General's report on the modalities for the establishment of specialized Somali courts to try suspected pirates both in Somalia and in the region, including an extraterritorial Somali specialized anti-piracy court, is a timely contribution that I believe will assist the Security Council's deliberations.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“The theme of the conference was "Global challenge, regional responses: forging a common approach to maritime piracy". For my Office, the piracy dossier remains an active and important one, 2 which reflects the Security Council's close attention to this pressing issue. The human cost of piracy off the coast of Somalia is incalculable, with killings and widespread hostage- taking of sailors. The increasing number of incidents of piracy, the escalation of violence and the expanding geographical scope of the attacks are all extremely worrying. The commercial cost of this scourge is also very high. As I said when presenting the previous report (S/2010/394) on behalf of the Secretary-General in August last year (see S/PV.6374), the problem of piracy clearly demonstrates the increasing interdependence of States and people in a globalized world.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“Ms. O'Brien: I am pleased to have this opportunity to present the report before the Council on behalf of the Secretary-General (8/2011/360). The Secretary-General has consistently advocated for the international community to take action to counter piracy and to respond in the most proactive way possible. He has pressed the United Nations and other international organizations to do more to contribute to a solution to this complex problem that poses so many challenges. The Council will recall that the Secretary-General dispatched me on a mission to Kenya as far back as March 2009 to discuss the issue with Kenyan authorities and to engage with the United Nations offices active on the ground. Most recently, in April, he dispatched me again to represent him at the conference organized and hosted by the Government of the United Arab Emirates.”
2011-06-21 · UN Security Council · Security Council, S/PV.6560 (2011) · source
“I wish finally to acknowledge the contributions made to the Secretary-General's report by the United Nations Office on Drugs and Crime, the United Nations Development Programme, the International Maritime Organization, the Department of Political Affairs - which, of course, includes the United Nations Political Office for Somalia - and, last, but not least, my own team in the Office of Legal Affairs, who have contributed great effort to this report. I thank you, Mr. President, for providing this opportunity to consider and discuss the report today.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“Ms. O'Brien: I have just a few concluding remarks. I am very pleased with the great interest that Member States have demonstrated in this debate, and the close attention with which they have analysed the Secretary-General's report (S/2010/394). I would like to reiterate the importance of Council members, when considering the various options to further the aim of prosecution, also taking into account the equal importance of putting in place adequate arrangements for imprisonment. I look forward now to the Security Council's further consideration of the options we have identified. If the Council wishes to move forward with any of them, my Office, of course, stands ready to assist in any way we can.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“In the case of a Chapter VII resolution, the Council would, of course, establish the tribunal directly itself and would request the Secretary-General to take the necessary steps for the tribunal to function. I am looking forward to the debate and would be happy to take any questions. 10-49378”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“Important questions under this option would include whether such tribunal should be established in the region and Whether it should include regional judges to the extent possible. Finally, a brief word about the process. Any of these options that involves the establishment of a new judicial mechanism with United Nations participation would require a mandate for the Secretary-General. Such a mandate has usually been given in the form of a Security Council resolution requesting the Secretary- General to negotiate a suitable agreement with the State concerned. That has been followed by negotiations conducted by the Legal Counsel on behalf of the Secretary-General and by a report to the Security Council setting out the recommended judicial mechanism.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“The Sierra Leone and Lebanon tribunals were established by the United Nations in partnership with the affected States. In other words, those tribunals were established with the States that had been affected by serious international crimes and acts of terrorism but were unable to prosecute them nationally. We need to bear in mind that a tribunal established under option 6, or indeed under any of the options in the report, would not address the situation in Somalia other than with respect to piracy and would thus not be analogous to the existing tribunals. Option 7 would involve the establishment by the Security Council of an international tribunal under Chapter VII of the United Nations Charter.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“Option 5 would consist of a regional tribunal and therefore would not be embedded within the national jurisdiction of a State. This would be a new jurisdiction 6 requiring an agreement or statute to establish the crimes. What is not clear, of course, is whether a group of regional States cooperating to establish such a tribunal would want or need United Nations assistance or participation by United Nations-selected judges. Option 6 would be a tribunal on the lines of the Sierra Leone and Lebanon tribunals. That is, it would be an international tribunal with participation by national judges and prosecutors. This option perhaps demonstrates most clearly why the report says that any of the judicial mechanisms identified would be different from the existing tribunals.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“That is, it would involve the establishment of a Somali court applying Somali law, sitting in the territory of another regional State. That would certainly require assistance from UNODC and others and would enable Somalia to play a direct part in efforts to counter piracy. However, as underlined in discussions in the Working Group on legal issues of the Contact Group, the Somali judicial system faces a number of challenges, and this option may therefore be one for the future rather than the present. Options 3 and 4 involve special chambers embedded in a national jurisdiction. The distinction is that Option 3 would be a purely national court, whereas Option 4 would be a national court with international participation, perhaps in the form of judges selected by the United Nations sitting with national judges.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source