5.4 For the purpose of enhancing the capacity
of States to combat piracy and armed robbery against ships, States
should endeavour to cooperate on the investigation to the fullest
possible extent.
5.5 Maritime trade, being of an international
nature, will bring into play various legal/boundary issues. While
conducting investigations all States which have an interest should
fully cooperate with those conducting the investigations.
5.6 It is important to identify the person and/or
organization in charge of an investigation. Confusion or delay in
the early stages will at best result in delayed investigative opportunities
and loss of evidence. At worst, it may increase the danger to any
member of the crew held captive by the offenders, possibly resulting
in loss of life or injury which could have been avoided.
5.7 Recognition should be given to the different
national interests that may be involved in each case, including: flag
State of the ship; country in whose territorial waters the attack
took place; country of suspected origin of the perpetrators; country
of nationality of persons on board; country of ownership of cargo;
and country in which the crime was committed. In cases of piracy,
the flag State of the ship should take lead responsibility, and in
cases of armed robbery the lead should be taken by the State in whose
territorial waters the attack took place. In all cases it should be
recognized that other States will have legitimate interests, and therefore
liaison and cooperation between them is vital to a successful investigation
and apprehension of the perpetrator.
5.8 The shipowner or company should be informed
of the attack and the plan for the investigation.
5.9 It is important to involve relevant intergovernmental
organizations at an early stage, where appropriate, in order to take
account of the possibility that transnational organized crime may
be involved and, where appropriate, to provide related information
to non-governmental organizations dealing with various forms of maritime
crime or fraud.
5.10 If, in the course of the investigation, there
is an unavoidable need to change the investigators in charge, a full
debriefing should take place.