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Action against pirates in many cases involves the use of force.

Agreements with Kenya by the USA, the UK, and the EC seek to ensure respect for the human rights of these individuals surrendered to Kenya for prosecution. Their main concern is the human rights of the captured individuals.

Seizing states are reluctant to exercise the powers on captured pirates granted by UNCLOS and SC resolutions. Although such authorization seems unnecessary for resolutions adopted under Chapter VII, there are various reasons for this, among which to avoid discussions concerning the width of the Somali territorial sea. They are adopted on the basis of the Somali Transitional Government's (TFG) authorization. SC resolutions are framed very cautiously and, in particular, note that they ‘shall not be considered as establishing customary law’. SC Resolution 1816 of 2008 and others broaden the scope of the existing narrow international law rules on piracy, especially authorizing certain states to enter the Somali territorial waters in a manner consistent with action permitted on the high seas. Attacks against ships off the coast of Somalia have brought piracy to the forefront of international attention, including that of the Security Council.