UN authorises trial of Somali pirates by regional states

The UN Security Council has passed a resolution authorising regional states to establish jurisdiction in trying pirates caught off the Somali coast.

The authorisation means Kenya, Seychelles and other Somalia’s neighbours should find ways of prosecuting Somali pirates on their soils or through collaboration, even if suspects are arrested in Somali waters.

The unanimous 15-0 vote, passed on Tuesday, means the UN is trying to address a challenge of dealing with pirates once caught.

In 2010 for example, then High Court Judge Mohammed Ibrahim ruled that Kenya didn’t have jurisdiction to try suspects caught in foreign waters and the nine suspects, then facing trial, were freed.

This ruling was, however, reversed two years later after appellate judges David Maraga, Otieno Onyango, Alnasir Vishram, Hannah Okwengu and Martha Koome ruled that pirates directly affected economies of Somalia’s neighbours by cutting off shipping lines and hence Kenya had authority to try those it caught.

The Tuesday decision calls for special courts or joint regional tribunals to handle Somali piracy cases, besides calling for international support for Somali justice and security systems.

The resolution also means that anti-piracy vessels, already patrolling Horn of Africa waters, led by the EU and NATO but supported by the UN and AU, will continue being there till the end of next year.

Figures from the EU Naval Forces (EUNAVFOR) mission in Horn of Africa waters show that piracy incidents reduced from more than 160 attacks per year in 2009 to just two in 2014, after the coordinated antipiracy efforts began.

In 2009, pirates boarded 46 of those attacked ships. In 2014, there were none boarded.

Source: Daily Nation