Presentation No.8
Draft code for the investigation of cases involving violence against crews, passengers, ships and cargoes
30 Mr. B. Martin-Castex (IMO) said that UNCLOS addresses a variety of issues such as the protection of resources within the territorial sea, the contiguous zone, the economic exclusive zone and the continental shelf, the Area and its resources as the common heritage of mankind and piracy. These different issues are looked at through a standard approach within UNCLOS which either protects the rights and sovereignty of States or creates some kind of international responsibility to maintain law and order in the different areas. Depending on the issues involved, States may or may not have the capability to meet these on their own. Piracy and armed robbery against ships may be one of the issues that are difficult to solve on a national basis.
In order to promote co-operation among substantially interested States and harmonize the conduct of investigations, he introduced a draft code for the investigation of cases involving violence against crews, passengers, ships and cargoes. The title of the draft code reflects an attempt to overcome the existing legal obstacles which do not facilitate co-operation among States nor allow proper and consistent prosecution of offenders who perpetrate violence against crews, passengers, ships and cargoes wherever the attack takes place. He indicated that he prepared the draft code as a preliminary version of a non mandatory instrument using the format of the already adopted Code for the conduct of investigation of marine casualties and incidents (resolution A.849 (20)) and a study conducted by Mr. K. Dharwawardena at the request of the Government of Sri Lanka.
He referred to the resolution adopted by the Brazilian seminar and workshop which invited the Legal Committee of IMO to develop a code for the investigation of piracy and armed robbery against ships. He indicated that the present draft code, if found appropriate, could be used as an element of discussion for the work which may be later carried out by the Legal Committee at the invitation of the MSC.
THE WORKSHOP
National positions and discussion
31 The lectures were followed by presentations outlining national positions in the participants' countries with regard to piracy and armed robbery against ships and the measures being taken to combat them. A summary of the national reports is contained in annex 6.
32 The seminar having received the reports of the two Working Groups established to review the contents of the guidelines annexed to MSC/Circs. 622 and 623, the draft resolutions of the seminar and workshop and the draft regional agreement to be annexed to MSC/Circ.622, adopted these reports, with certain amendments, as shown in annexes 3 and 4 and took their recommendations into account in preparing and adopting the resolutions referred to in paragraph 39.
