VZCZCXYZ0010
OO RUEHWEB

DE RUEHC #0489 3470309
ZNR UUUUU ZZH
O 120301Z DEC 08
FM SECSTATE WASHDC
TO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
USMISSION USUN NEW YORK IMMEDIATE 0000

UNCLAS STATE 130489 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW
SUBJECT: SOMALIA: DEMARCHE REQUEST ON UNSC SOMALIA PIRACY 
RESOLUTION 
 
REF: STATE 129528 
 
¶1. This is an action cable.  Posts are instructed to demarche 
host governments at a high level about our draft Security 
Council resolution on Somalia piracy currently being debated 
in the Security Council.  USUN may use points and background 
provided in this cable in the experts meeting on the 
resolution scheduled for December 11, 2008. 
 
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Objectives 
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¶2. The objectives of this demarche are: 
 
-- to convince host countries of the need for new robust 
resolution in the Council to combat Somalia piracy; 
-- to dispel any myths about our intentions in this 
resolution, especially as they pertain to OP4; 
-- to answer questions raised by delegates during Thursday's 
expert meeting. 
 
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Background 
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¶3. Over the last six months the United Nations Security 
Council (UNSC) has adopted three resolutions on Somalia 
piracy.  However, during the same time period piracy has 
increased exponentially.  While we have been impressed with 
international efforts to combat Somali piracy to date, 
including the launching of the EU anti-piracy operation 
Atalanta, clearly much more needs to be done.  We believe the 
resolution tabled by the United States on Wednesday provides 
several key tools the international community could use to 
effectively suppress piracy off the Somali coast. 
Specifically the resolution encourages the establishment of 
an international cooperation mechanism to act as a common 
point of contact between states on all aspects of Somali 
piracy; provides authority to states and regional 
organizations cooperating with the TFG to take all necessary 
measures ashore in Somalia, including in its airspace, to 
interdict those who are using Somali territory to plan, 
facilitate or undertake acts of piracy and armed robbery at 
sea; expands efforts to build judicial capacity to prosecute 
and incarcerate pirates; and affirms that the existing 
Somalia sanctions regime would apply to pirate leaders.  We 
hope to adopt this resolution at a ministerial-level meeting 
of the Security Council on the issue to be held on December 
16, 2008. 
 
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Instructions 
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¶4. Posts should draw from the following points to brief all 
Security County members on the top two priorities for the 
U.S. in our resolution (provided in reftel): 
 
-- Operative Paragraph (OP) 3: At the experts meeting on 
Thursday, several states (China, Libya, Vietnam and 
Indonesia) spoke in favor of a greater coordinating role for 
the UN.  We would note that in UNSC resolution 1846 the 
Council asked the Secretary-General to report within three 
months on what role it may have in battling Somali piracy. 
We think it would be unwise to prescribe a lead coordinating 
role at this point for the UN before the report is even 
published.  In the meantime, states involved in anti-piracy 
efforts need to coordinate more effectively.  The U.S. is 
working on a plan to address this need. 
 
-- OP4: Almost all delegations raised some concerns or 
questions about this operative paragraph.  We very much 
understand the concern that comes with authorizing new 
authorities along these lines.  We would like to set the 
record straight on some fundamental questions about our 
intentions. 
 
-- Why are new authorities needed?  Over the last six months, 
we have seen an exponential growth in piracy off the coast of 
Somalia.  In recent months we have seen Somali pirates expand 
their area of operations further south.  The MV Sirius Star 
was hijacked 500 nautical miles off the southern Kenyan port 
city of Mombassa.  Several recent unsuccessful attacks by 
Somali pirates have occurred off the coast of Tanzania.  The 
United States fears that, one reason Somali pirates may be 
moving further south is due to the increased international 
naval presence off the Somali coast.  The entire coast of 
Africa from Djibouti to Tanzania is far too great an area to 
effectively patrol.  One way to avoid simply pushing the 
problem southward would be to interdict pirates on land. 
 
-- What type of operations are we looking to conduct?  First, 
we should note the United States has not taken any decisions 
to conduct anti-piracy operations ashore.  That said, the 
international community would have the following possible 
operations available to it: a.) Intelligence, Surveillance, 
and Reconnaissance (ISR) Missions: required for increased 
situational awareness on pirate activities, locations, and 
potential vulnerabilities; b.) Hot pursuit: pursuit ashore 
after observing an at sea attack; c.) Prevent Pirates Skiffs 
from Getting Underway: action may be taken if known pirates 
are observed preparing to get underway; d.) Destruction of 
Pirate Infrastructure: such as visible assets such as beached 
skiffs, vehicles, weapon caches, etc.  This is of course a 
non-exhaustive list. 
 
-- What international law would govern our operations?  UN 
Security Council approval provides sufficient authority to 
undertake the actions envisioned in our text. 
 
-- What do we mean by "interdict"?  In certain cases, it 
might include the capture and transfer of pirates to 
appropriate law enforcement authorities, similar to the 
situation that might occur if states captured pirates on the 
water. However, it can also mean simply the disruption of 
pirate activity 
 
-- If raised: The United States does not at this time 
envision capturing pirates on land. Somalia currently lacks 
the capacity and infrastructure to prosecute suspected 
pirates.  However, we look forward to working with the 
international community and the Security Council to establish 
such a mechanism so that Somali pirates captured ashore can 
face justice.  Somali pirates captured at sea, of course 
could continue to be prosecuted under the UN Convention on 
the Law of the Sea and the 1988 Convention on the Suppression 
of Unlawful Acts Against the Safety of Maritime Navigation. 
 
-- If asked: If suspected pirates are captured ashore, the 
expectation would be that participating countries would 
transfer the offender to appropriate authorities as soon as 
possible, once any necessary agreements or arrangements are 
in place (e.g. such as the efforts currently underway in 
Kenya). 
 
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Point of contact 
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¶5.  States should report and substantive response to Joseph 
¶J. FitzGerald (at fitzgeraldjj@state.gov or 202-647-2641). 
As always the Department appreciates posts assistance. 
RICE