Guidelines on preservation and collection 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 persons affected

摘要

The assembly, 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: .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 .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.