Commonwealth Consolidated Acts

CRIMES (HOSTAGES) ACT 1989 - SCHEDULE—International

Section 3
The States Parties to this Convention ,
Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly relations and co-operation among States,
Recognizing in particular that everyone has the right to life, liberty and security of person, as set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,
Reaffirming the principle of equal rights and self-determination of peoples as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, as well as in other relevant resolutions of the General Assembly,
Considering that the taking of hostages is an offence of grave concern to the international community and that, in accordance with the provisions of this Convention, any person committing an act of hostage taking shall either be prosecuted or extradited,
Being convinced that it is urgently necessary to develop international co-operation between States in devising and adopting effective measures for the prevention, prosecution and punishment of all acts of taking of hostages as manifestations of international terrorism,
Have agreed as follows:

(a)

attempts to commit an act of hostage-taking, or

(b)

participates as an accomplice of anyone who commits or attempts to commit an act of hostage-taking,

likewise commits an offence for the purposes of this Convention.

(a)

taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories, including measures to prohibit in their territories illegal activities of persons, groups and organizations that encourage, instigate, organize or engage in the perpetration of acts of taking of hostages;

(b)

exchanging information and co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those offences.

(a)

in its territory or on board a ship or aircraft registered in that State;

(b)

by any of its nationals or, if that State considers it appropriate, by those stateless persons who have their habitual residence in its territory;

(c)

in order to compel that State to do or abstain from doing any act; or

(d)

with respect to a hostage who is a national of that State, if that State considers it appropriate.

2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 1 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

(a)

the State where the offence was committed;

(b)

the State against which compulsion has been directed or attempted;

(c)

the State of which the natural or juridical person against whom compulsion has been directed or attempted is a national;

(d)

the State of which the hostage is a national or in the territory of which he has his habitual residence;

(e)

the State of which the alleged offender is a national or, if he is a stateless person, in the territory of which he has his habitual residence;

(f)

the international intergovernmental organization against which compulsion has been directed or attempted;

(g)

all other States concerned.

3. Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled:

(a)

to communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to establish such communication or, if he is a stateless person, the State in the territory of which he has his habitual residence;

(b)

to be visited by a representative of that State.

4. The rights referred to in paragraph 3 of this article shall be exercised in conformity with the laws and regulations of the State in the territory of which the alleged offender is present subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 of this article are intended.
5. The provisions of paragraphs 3 and 4 of this article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with paragraph 1 (b) of article 5 to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.
6. The State which makes the preliminary inquiry contemplated in paragraph 1 of this article shall promptly report its findings to the States or organization referred to in paragraph 2 of this article and indicate whether it intends to exercise jurisdiction.

(a)

that the request for extradition for an offence set forth in article 1 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality, ethnic origin or political opinion; or

(b)

that the person's position may be prejudiced:

(i)

for any of the reasons mentioned in subparagraph (a) of this paragraph, or

(ii)

for the reason that communication with him by the appropriate authorities of the State entitled to exercise rights of protection cannot be effected.

2. With respect to the offences as defined in this Convention, the provisions of all extradition treaties and arrangements applicable between States Parties are modified as between States Parties to the extent that they are incompatible with this Convention.