Permanent Mission to the United Nations Argentine Republic

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REGRESAR

Security Council

Open debate on the Maintenance of International Peace and Security: Piracy.

Statement by the Chargé d’affaires a.i. of the Argentine Republic, Minister Mateo Estrémé

Mr. President,

Argentina recognizes the Indian Presidency of the Security Council for convening this open debate on the maintenance of international peace and security aimed at exchanging views on piracy, and thanks India for its concept note contained in document S/2012/814.

Mr. President,

Piracy and armed robbery at sea off the coast of Somalia is one of the serious symptoms of a situation that constitutes a threat of international peace and security, and that has called the attention of the international community and of the Security Council for the last years. Recently, piracy and armed robbery at sea has caused concern in the region of the Gulf of Guinea, and the Council has made various calls to the countries in the regional to enhance cooperation.

Piracy is an serious illicit that affects the safety of navigation. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) codified customary international law regarding the repression of piracy. International law applicable to the repression of piracy is contained in articles 100 to 107 of UNCLOS. Armed robbery at sea is not an expression contained in UNCLOS. This illicit is constituted by acts of violence against ships at sea within the territorial sea of a State. This illicit is not subject to the laws applicable to piracy, but to the exclusive criminal jurisdiction of the Coastal State.

Having said this, it is clear that piracy is an illicit which basis for repression is contained in UNCLOS. Piracy is not a matter that, as such, is to be addressed by the Security Council.

That of course does not mean that the Council cannot, in a specific situation, such as Somalia, take measures. In this particular case, the Council has adopted measures on piracy and armed robbery at sea off the Coast of Somalia because they are one of the symptoms of a complex situation that has been qualified by the Security Council as a threat to international peace and security.

Therefore, actions authorized by the Security Council have a clear legal framework. The Council has reiterated in all its Resolutions from Res. 1816 (2008) onwards that:

- the authorization is applicable only to the situation in Somalia,

- the authorization applies to the repression of piracy and armed robbery at sea “off the coast of Somalia”,

- the authorization given shall not affect the rights and obligations of States under international law, including UNCLOS, in any other situation,

- the authorization shall not constitute a precedent for international customary law,

- the authorization was granted only after the consent of the Somali Transitional Federal Government was received.

Mr. President,

In the case of the Gulf of Guinea, the Security Council has addressed piracy and armed robbery at sea from the standpoint of cooperation by regional organizations, such as the Economic Community of West African States (ECOWAS), the Economic Community of Central African States (ECCAS) and the Gulf of Guinea Commission (GGC) without qualifying the situation as a threat to international peace and security.

Mr. President,

It is undeniable that acts of piracy and armed robbery at sea constitute a threat to the safety of navigation. But this does not mean that they constitute, as such, threats to international peace and security in the terms of article 30 of the Charter.

Neither are they a “global” phenomenon with the same extent and seriousness in all regions. Unless the Council adopts measures under Chapter VII, action by States that participate in the repression of piracy, as well as that of UN specialized agencies and regional organizations, has to conform to international law in force, including UNCLOS.

In the case of Somalia, being it a Chapter VII situation, States must respect the terms of the authorization granted by the Security Council. One aspect of this is the fact that authorization to participate in the repression of piracy and armed robbery at sea is granted to “States”. This follows the definition of UNCLOS of the types of vessels that can participate in the repression of piracy: war ships or State ships. There is an incipient trend –partly inspired in the shipping industry- which is of concern, consisting in favouring the carryin of weapons on board private ships. Another aspect is that the authorization is given to to repress piracy and armed robbery at sea and to coopeate in investigation and prosecution. Although one of the shared concerns is the way in which the prevailing situtation off the coast of Somalia afects the sustainability of marine living resources –in particular fisheries- the authorization given by the Council does not include the repression of illicit acts different from piracy and armed robbery at sea.

The situation in Somalia goes well beyond piracy and armed robbery at sea, and even when this is a serious phenomenon, action by the United Nations cannot be limited to its repression. We commend the efforts by other countries in the region and of the UN to cooperate with Somalia in investigation and prosecution. But action must be broader. The underlying causes of piracy and armed robbery at sea in Somalia have to be addresssed with support and cooperation by the international community. Capacity-building is crucial, also for allowing Somalia to benefit from the exploitation of the natural resources of its maritime areas.

Regarding the Gulf of Guinea, we commend the involvement of the relevant regional organizations, and we call on the United Nations to continue to support those efforts.

Mr. President,

To conclude, Argentina supports cooperation by the United Nations with States affected by piracy and armed robbery at sea, but would also like to underscore that unless a situation is qualified as a threat to international peace and security under article 39 of the Charter and the Council decides to take action under Chapter VII, piracy and armed robbery at sea are not matters of the primary competence of the Security Council but of the General Assembly under agenda item “Oceans and the law of the sea”, of specialized agencies and of regional cooperation mechanisms. Their actions, and those of any other cooperative initiatives, must conform to the rules of the 1982 UN Convention on the Law of the Sea.

Thank you.