United Nations Security Council Resolution 1838
The Resolution 1838 of the UN Security Council is an adopted unanimously by the UN Security Council on 7 October 2008 resolution on piracy off the Somali coast. The resolution was introduced by Belgium, Croatia, Denmark, France, Greece, Italy, Japan, Lithuania, Malaysia, the Netherlands, Norway, Panama, Portugal, Singapore, Spain, South Korea, the United Kingdom and the United States.
With the resolution the Security Council followed up on its resolution 1814 (2008) and 1816 (2008). While Resolution 1814 (2008) the intention of the committee pursued to replace the African Union Mission in Somalia ( AMISOM) by a mission of the United Nations, the resolution is 1816, the international community is called upon to fight piracy off the coast of Somalia in the Horn of Africa.
The Panel confirmed when he decided that the fight against piracy in accordance with the provisions of the Convention is available and welcomed the achievements of individual countries and the European Union for the Protection of the transport of relief goods as part of the World Food Programme ( WFP) through the deployment of ships on the East African coast. It underlined that around three and a half million Somalis are dependent on such aid shipments and that the owners of cargo ships only then can start the Somali coast, where the arrival is escorted by warships.
The Security Council confirmed the sovereignty, territorial integrity, political independence and unity of Somalia and noted that the President of Somalia has expressed the desire of the Somali transitional government, within the provisions of Section 7 of resolution 1816 ( 2008) Piracy and armed robbery off the coast of to combat Somalia. He also called to mind that the parties who signed the peace and reconciliation Djibouti Agreement, had to requests the deployment of an international stabilization force.
Emphasizing that peace and stability, the strengthening of state institutions, economic and social development and respect for human rights and law and order are necessary to eliminate the piracy off the coast permanently, the Council also noted that the incidents before represent the Somali coast and deteriorate on the high seas not only the situation in Somalia, but also a threat to international peace and security in the region.
Under Chapter VII of the Charter of the United Nations, the Security Council called upon all interested in the safety of navigation states to participate in the fight against piracy by stationing of warships and military aircraft and to observe the provisions of Seerechtsüberkommens. He called on States that are able to to cooperate with the transitional government in Somalia in the fight against piracy in the context of resolution 1816 (2008) and in the framework of resolution 1814 (2008) Traditions of the World Food Programme ( WFP ) to protect.
Mainly due to reservations of Indonesia includes the resolution, the finding that the resolution explicitly refers to the situation in Somalia and should not be construed as a precedent for the establishment of a special international law.
As with such resolutions usual, the Security Council also decided to remain actively seized of the matter.