RECALLING Article 15(j) of the Convention on the International
Maritime Organization regarding the functions of the Assembly in relation
to recommendations and guidelines concerning maritime safety,
BEARING IN MIND that the Assembly, at its twenty-seventh
regular session, by resolution A.1058(27), invited submissions on
the collation and preservation of evidence following an allegation
of a serious crime having taken place on board a ship or following
a report of a missing person from a ship, and pastoral and medical
care of victims,
RECALLING article 92 of the United Nations Convention on
the Law of the Sea (UNCLOS) which provides that ships shall sail under
the flag of one State only and, save in exceptional cases expressly
provided for in international treaties or in UNCLOS, shall be subject
to its exclusive jurisdiction on the high seas,
RECALLING FURTHER article 27 of UNCLOS, which provides that
criminal jurisdiction of a coastal State should not be exercised on
board a foreign ship passing through the territorial sea to arrest
any person or conduct any investigation in connection with any crime
committed on board the ship during its passage, except in the circumstances
set forth in that article,
NOTING that a thorough investigation of a serious crime
on board a ship may be a lengthy process and that certain cases, in
which more than one State may have jurisdiction, may present complications
and challenges to the authorities responsible for such investigations,
NOTING ALSO that whilst voluntary, such guidance as provided
here would assist shipowners, operators and masters in cooperating
with relevant investigating authorities and would contribute to effective
and efficient criminal investigations in cases of serious crime or
missing persons from ships, and would further facilitate and expedite
cooperation and coordination between investigating authorities, consistent
with international law,
1 URGES Member Governments to consider the Guidelines
in the annex, and to advise shipowners, operators and masters to:
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.1 assist in the preservation and collection of
evidence following an allegation of a serious crime on board a ship,
or following a report of a missing person from a ship, noting that
criminal jurisdiction should be exercised consistently with international
law; and
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.2 provide pastoral and medical care to persons
affected;
2 URGES ALSO intergovernmental organizations and
non-governmental organizations with consultative status to consider
the Guidelines as set out in the annex and to advise their membership
to act accordingly;
3 INVITES Member Governments, intergovernmental
organizations and non-governmental organizations with consultative
status to consider bringing the results of the experience gained from
using the Guidelines, as set out in the annex, to the attention of
the Legal Committee.