The resolution welcomed efforts by the European Union, NATO and other states acting in a national capacity for their efforts to suppress acts of piracy in co-operation with the Transitional Federal Government off the coast of Somalia. The efforts of Kenya, the Seychelles and other states were praised following the prosecution of pirates in their countries, consistent with international humanitarian law. There was concern that some suspected pirates had been released without facing justice, due to uncertainty over who could prosecute them.[2]
In the second part of the resolution, sponsored by Russia,[3] the Council reiterated that the failure to prosecute those responsible for acts of piracy undermined anti-piracy efforts by the international community. Countries were called upon to criminalise piracy within their national laws and to detain and prosecute suspected pirates off the coast of Somalia in accordance with international human rights law. Progress made towards the implementation of the International Maritime Organization Djibouti Code of Conduct was praised, with the Council further calling upon participants to implement it fully as soon as possible. Finally, the Secretary-GeneralBan Ki-moon was requested within three months to report on options for prosecuting and imprisoning those responsible for piracy and armed robbery, including the possibility of establishing a regional or international tribunal.[4]