YouSaid · the spoken record

Ray

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9
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2010-08-25
most recent
2010-08-25
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1
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un-security-council

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  1. Before I conclude, I would like to offer my condolences on the recent attacks in Mogadishu and in the Democratic Republic of the Congo and to also salute the memories of three Indian peacekeepers who died in hand-to-hand combat under the United Nations flag, two weeks ago, in the Democratic Republic of the Congo.

    2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source

  2. Therefore, the special chamber that would be created under option 4 should be complementary to national jurisdiction to try the crime of piracy. We have a strong interest in this subject. We have a coastline of over 7,500 kilometres. A large part of India's trade is transported through these waters. More than 11 per cent of all seafarers engaged by international shipping companies are Indian nationals, and some of them have been taken hostage by Somali pirates. We would therefore be happy to contribute to any international efforts aimed at increasing effective cooperation among States to tackle the growing threat of piracy and armed robbery at sea.

    2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source

  3. The General Assembly has called upon States to take appropriate steps under their national law to facilitate the apprehension and the prosecution of suspected pirates. The Security Council, in resolution 1918 (2010), noted that the domestic law of a number of States lacks provisions criminalizing piracy and/or procedural provisions for effective criminal prosecution of suspected pirates. It follows that whenever there is a national law and a State is interested in prosecuting suspected pirates under its national law, the State must be allowed to do so despite the establishment of a special chamber with United Nations participation. Accordingly, any special chamber created within the national jurisdiction of a State or States with United Nations participation should be complementary to the national criminal jurisdiction.

    2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source

  4. While the financial assistance provided to the regional States for capacity-building could be drawn from the International Trust Fund, the remaining funding needs could be met from United Nations assessed contributions. Universal jurisdiction over piracy has been accepted under international law for many centuries. All States may both arrest and punish pirates, provided, of course, that they have been apprehended on the high seas - including exclusive economic zones - or within the territory of the State concerned. As highlighted in the report of the Secretary-General, a State can assume jurisdiction over acts of piracy carried out in open seas and the exclusive economic zone in cases where they have an interest, for example where their flag vessel has been attacked or their nationals are victims.

    2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source

  5. This option could be dovetailed into the ongoing assistance programmes of the United Nations extended to regional States to build capacities for prosecution and imprisonment of pirates mentioned under option 1. These programmes, as noted in the Secretary-General's report, have achieved some success. United Nations assistance could focus on the three main components of legal reform, capacity- building for prosecution and improvement of prison infrastructure for the host regional States. Besides being cost effective, this approach would be relatively easier to implement as it would utilize an existing jurisdiction with established crimes and procedures. The regional proximity would be useful for the purpose of the transfer of suspects by patrolling naval States and the transfer of those convicted to third States for imprisonment.

    2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source

  6. It is also important to ensure that sustained and predictable financing is available to the host States to handle the financial burden of prosecuting and imprisoning convicts over long durations. The seven options mentioned in the Secretary- General's report were also discussed in Working Group 2 of the Contact Group on Piracy off the Coast of Somalia, which deals with legal issues. The option of an international judicial tribunal under Chapter VII of the Charter did not find much support in these discussions. In our view, the establishment of a special chamber within the national jurisdiction of a State or States in the region with United Nations participation, mentioned as option 4 in the Secretary-General's report, could be a suitable option.

    2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source

  7. Several approaches, including recourse to bilateral memorandums of understanding with countries in the region for prosecution and incarceration, have been tried. These, however, have not been entirely successful because of the lack of capacity and resources to prosecute and incarcerate. There are legal issues of jurisdiction too. India has welcomed efforts to counter piracy through the enhancement of regional cooperation and capacity building of littoral States. Any effort for prosecution and imprisonment of pirates cannot succeed without the effective involvement of the States in the region. The issue of imprisonment of convicted persons can be best addressed by building prison infrastructure in the region, ideally in Somalia.

    2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source

  8. With the increased presence of international naval forces off the coast of Somalia and in the Gulf of Aden, pirates have moved to other areas and increased pirate activity has been witnessed in the larger Indian Ocean area outside the Internationally Recommended Transit Corridor. India has therefore called for better coordination of international efforts for escorting merchant ships and patrolling in the region, preferably under the aegis of the United Nations. Ensuring sound and prompt prosecution of piracy suspects and their imprisonment subsequent to trial is critical to prevent impunity and to deter further attacks. Naval operations against pirates cannot fully succeed if the suspects apprehended by navies are released without proper prosecution, because such persons tend to return to piracy.

    2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source

  9. Let me begin, Mr. President, by thanking you for organizing this meeting. We thank the Secretary-General and the Legal Counsel for the report (S/2010/394) submitted to the Security Council pursuant to resolution 1918 (2010). India has committed its full support to international anti-piracy efforts. We have a naval ship deployed in the Gulf of Aden which has successfully thwarted several piracy attempts and provided security escorts to merchant marine ships in these waters. India is also a founding member of the Contact Group on Piracy off the Coast of Somalia. Several military groups and independent navies are operating off the Horn of Africa and in the Gulf of Aden. Despite this, the number of pirate attacks in the region continues to be high, though success rates have declined.

    2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source