Summaries of the Work of the International Law Commission
Prevention and repression of piracy and armed robbery at sea
See also: Analytical Guide | Texts and Instruments
At its seventy-first session, in 2019, the Commission included the topic “Prevention and repression of piracy and armed robbery at sea” in its long-term programme of work.1 A syllabus describing the possible overall structure of, and approach to, the topic was annexed to that year’s report of the Commission.2
The General Assembly, in resolution 74/186 of 18 December 2019, took note of the inclusion of the topic in the long-term programme of work of the Commission.
At its seventy-third session, in 2022, the Commission decided to include the topic “Prevention and repression of piracy and armed robbery at sea” in its programme of work and appointed Yacouba Cissé as Special Rapporteur for the topic.3 The Commission also requested the Secretariat to prepare a memorandum addressing in particular (a) elements in the previous work of the Commission that could be particularly relevant for its future work on the topic and the views expressed by States; (b) writings relevant to the definitions of piracy and of armed robbery at sea; and (c) resolutions adopted by the Security Council and by the General Assembly relevant to the topic.4
At its seventy-fourth session, in 2023, the Commission had before it the first report of the Special Rapporteur,5 which discussed the historical, socioeconomical and legal aspects of the topic; reviewed the national legislation and judicial practice of States concerning the definition of piracy and the implementation of conventional and customary international law; and discussed the future programme of work on the topic. The Commission also had before it a memorandum prepared by the Secretariat providing elements in the previous work of the Commission that could be particularly relevant for its future work on the topic and the views expressed by States; as well as information on resolutions adopted by the Security Council and by the General Assembly relevant to the topic.6 Following the debate in plenary, the Commission decided to refer draft articles 1, 2 and 3, as contained in the first report of the Special Rapporteur, to the Drafting Committee, taking into account the views expressed in the plenary debate. The Commission subsequently provisionally adopted draft articles 1 to 3.
The work of the Commission on the topic as described above has been proceeding in accordance with the resolutions adopted by the General Assembly under the item relating to the report of the International Law Commission.7
At its seventy-fifth session, in 2024, the Commission had before it the second report of the Special Rapporteur,8 which described and analysed the practice of international organizations involved in combating piracy and armed robbery at sea, reviewed regional and subregional approaches to combating the two crimes, as well as the practice of States in concluding bilateral agreements, and provided an outline of the future work on the topic. The Commission also had before it a memorandum prepared by the Secretariat discussing the evolution of the definition of piracy in international law, as well as writing relevant to the definitions of piracy and armed robbery at sea.9 Following the debate in plenary, the Commission decided to refer draft articles 4, 5, 6 and 7, as contained in the second report of the Special Rapporteur, to the Drafting Committee, taking into account the views expressed in the plenary debate. That included the understanding that the Committee would first hold a general discussion on the topic as a whole and its future direction. The Commission received an interim oral report on draft article 4, provisionally adopted by the Drafting Committee at the seventy-fifth session. The report was presented for information only.10
At the same session, the Commission was informed that Yacouba Cissé had resigned as Special Rapporteur for the topic. The Commission expressed its deep appreciation to Yacouba Cissé for his initiative in proposing the topic, as well as the important contributions made in his capacity as Special Rapporteur, and appointed Louis Savadogo as Special Rapporteur for the topic.11
1 See Official Records of the General Assembly, Seventy-fourth Session, Supplement No. 10 (A/74/10), para. 290.
3 See Official Records of the General Assembly, Seventy-seventh Session, Supplement No. 10 (A/77/10), para. 239.
5 Document A/CN.4/758.
6 Document A/CN.4/757.
7 General Assembly resolution 77/103 of 7 December 2022 and resolution 78/108 of 7 December 2023.
8 Document A/CN.4/770.
9 Document A/CN.4/767.
10 See Official Records of the General Assembly, Seventy-ninth Supplement No. 10 (A/79/10), paras. 79-81.