Legislation

  3.1 States are recommended to take such measures as may be necessary to establish their jurisdiction over the offences of piracy and armed robbery against ships, including adjustment of their legislation, if necessary, to enable those States to apprehend and prosecute persons committing such offences. States are furthermore encouraged to take the necessary national legislative, judicial and law enforcement actions as to be able to receive, prosecute or extradite any pirates or suspected pirates and armed robbers arrested by warships or military aircraft or other ships or aircraft clearly marked and identifiable as being on government service. States should take into consideration appropriate penalties when drafting legislation on piracy.

  3.2 States are encouraged to implement the provisions of UNCLOS, the Convention for the Suppression of Unlawful Acts Against the Safety of Navigation, 1988 and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 1988.

  3.3 To encourage masters to report all incidents of piracy and armed robbery against ships, coastal/port States should make every endeavour to ensure that these masters and their ships will not be unduly delayed and that the ship will not be burdened with additional costs related to such reporting.

  3.4 Article 100 of UNCLOS requires all States to cooperate to the fullest possible extent in the repression of piracy.

  3.4.1 Coastal States are encouraged to cooperate to the fullest possible extent in the investigation of armed robbery incidents and attempts, together with other interested States such as the flag State, and, where appropriate, to enter into appropriate bilateral or multilateral agreements to facilitate such investigations and the prosecution of the perpetrators.

  3.4.2 In addition, States are encouraged to cooperate to the fullest possible extent in the investigation of acts or attempted acts of piracy and to enter into bilateral or multilateral agreements with other interested States such as the flag State or the coastal State so as to facilitate such investigations and the prosecution of the perpetrators.