Commonwealth Consolidated Acts Commonwealth Consolidated ActsSection 3
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,
DEEPLY CONCERNED about the world-wide escalation
of acts of terrorism in all its forms, which endanger or take innocent human
lives, jeopardize fundamental freedoms and seriously impair the dignity of
human beings,
CONSIDERING that unlawful acts against the safety of maritime
navigation jeopardize the safety of persons and property, seriously affect the
operation of maritime services, and undermine the confidence of the peoples of
the world in the safety of maritime navigation,
CONSIDERING that the
occurrence of such acts is a matter of grave concern to the international
community as a whole,
BEING CONVINCED of the urgent need to develop
international co-operation between States in devising and adopting effective
and practical measures for the prevention of all unlawful acts against the
safety of maritime navigation, and the prosecution and punishment of their
perpetrators,
RECALLING resolution 40/61 of the General Assembly of the
United Nations of 9 December 1985 which, inter alia , "urges all States
unilaterally and in co-operation with other States, as well as relevant United
Nations organs, to contribute to the progressive elimination of causes
underlying international terrorism and to pay special attention to all
situations, including colonialism, racism and situations involving mass and
flagrant violations of human rights and fundamental freedoms and those
involving alien occupation, that may give rise to international terrorism and
may endanger international peace and security",
RECALLING FURTHER that
resolution 40/61 "unequivocally condemns, as criminal, all acts, methods and
practices of terrorism wherever and by whomever committed, including those
which jeopardize friendly relations among States and their security",
RECALLING ALSO that by resolution 40/61, the International Maritime
Organization was invited to "study the problem of terrorism aboard or against
ships with a view to making recommendations on appropriate measures",
HAVING
IN MIND resolution A.584(14) of 20 November 1985, of the Assembly of the
International Maritime Organization, which called for development of measures
to prevent unlawful acts which threaten the safety of ships and the security
of their passengers and crews,
NOTING that acts of the crew which are subject
to normal shipboard discipline are outside the purview of this Convention,
AFFIRMING the desirability of monitoring rules and standards relating to the
prevention and control of unlawful acts against ships and persons on board
ships, with a view to updating them as necessary, and, to this effect, taking
note with satisfaction of the Measures to Prevent Unlawful Acts against
Passengers and Crews on Board Ships, recommended by the Maritime Safety
Committee of the International Maritime Organization,
AFFIRMING FURTHER that
matters not regulated by this Convention continue to be governed by the rules
and principles of general international law,
RECOGNIZING the need for all
States, in combating unlawful acts against the safety or maritime navigation,
strictly to comply with rules and principles of general international law,
HAVE AGREED as follows:
For the purposes of this Convention, "ship" means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft.
1 This Convention does not apply to:
(a) a
warship; or
(b) a ship owned or operated by a State when being used as a
naval auxiliary or for customs or police purposes; or
(c) a ship which has
been withdrawn from navigation or laid up.
2 Nothing in this Convention
affects the immunities of warships and other government ships operated for
non-commercial purposes.
1 Any person commits an offence if that person unlawfully and intentionally:
(a) seizes or exercises control over a ship by force or threat thereof or any
other form of intimidation; or
(b) performs an act of violence against a
person on board a ship if that act is likely to endanger the safe navigation
of that ship; or
(c) destroys a ship or causes damage to a ship or to its
cargo which is likely to endanger the safe navigation of that ship; or
(d)
places or causes to be placed on a ship, by any means whatsoever, a device or
substance which is likely to destroy that ship, or cause damage to that ship
or its cargo which endangers or is likely to endanger the safe navigation of
that ship; or
(e) destroys or seriously damages maritime navigational
facilities or seriously interferes with their operation, if any such act is
likely to endanger the safe navigation of a ship; or
(f) communicates
information which he knows to be false, thereby endangering the safe
navigation of a ship; or
(g) injures or kills any person, in connection with
the commission or the attempted commission of any of the offences set forth in
subparagraphs (a) to (f).
2 Any person also commits an offence if that
person:
(a) attempts to commit any of the offences set forth in paragraph 1;
or
(b) abets the commission of any of the offences set forth in paragraph 1
perpetrated by any person or is otherwise an accomplice of a person who
commits such an offence; or
(c) threatens, with or without a condition, as is
provided for under national law, aimed at compelling a physical or juridical
person to do or refrain from doing any act, to commit any of the offences set
forth in paragraph 1, subparagraphs (b), (c) and (e), if that threat is
likely to endanger the safe navigation of the ship in question.
1 This Convention applies if the ship is navigating or is scheduled to
navigate into, through or from waters beyond the outer limit of the
territorial sea of a single State, or the lateral limits of its territorial
sea with adjacent States.
2 In cases where the Convention does not apply
pursuant to paragraph 1, it nevertheless applies when the offender or the
alleged offender is found in the territory of a State Party other than the
State referred to in paragraph 1.
Each State Party shall make the offences set forth in article 3 punishable by appropriate penalties which take into account the grave nature of those offences.
1 Each
State Party shall take such measures as may be necessary to establish its
jurisdiction over the offences set forth in article 3 when the offence is
committed:
(a) against or on board a ship flying the flag of the State at the
time the offence is committed; or
(b) in the territory of that State,
including its territorial sea; or
(c) by a national of that State.
2 A State
Party may also establish its jurisdiction over any such offence when:
(a) it
is committed by a stateless person whose habitual residence is in that State;
or
(b) during its commission a national of that State is seized, threatened,
injured or killed; or
(c) it is committed in an attempt to compel that State
to do or abstain from doing any act.
3 Any State Party which has established
jurisdiction mentioned in paragraph 2 shall notify the Secretary-General of
the International Maritime Organization (hereinafter referred to as "the
Secretary-General"). If such State Party subsequently rescinds that
jurisdiction, it shall notify the Secretary-General.
4 Each State Party shall
take such measures as may be necessary to establish its jurisdiction over the
offences set forth in article 3 in cases where the alleged offender is present
in its territory and it does not extradite him to any of the States Parties
which have established their jurisdiction in accordance with paragraphs 1 and
2 of this article.
5 This Convention does not exclude any criminal
jurisdiction exercised in accordance with national law.
1 Upon being satisfied that the circumstances so warrant, any State Party in
the territory of which the offender or the alleged offender is present shall,
in accordance with its law, take him into custody or take other measures to
ensure his presence for such time as is necessary to enable any criminal or
extradition proceedings to be instituted.
2 Such State shall immediately make
a preliminary inquiry into the facts, in accordance with its own legislation.
3 Any person regarding whom the measures referred to in paragraph 1 are being
taken shall be entitled to:
(a) 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) be visited by a representative of that State.
4 The rights referred to in
paragraph 3 shall be exercised in conformity with the laws and regulations of
the State in the territory of which the offender or the alleged offender is
present, subject to the proviso that the said laws and regulations must enable
full effect to be given to the purposes for which the rights accorded under
paragraph 3 are intended.
5 When a State Party, pursuant to this article, has
taken a person into custody, it shall immediately notify the States which have
established jurisdiction in accordance with article 6, paragraph 1 and, if it
considers it advisable, any other interested States, of the fact that such
person is in custody and of the circumstances which warrant his detention. The
State which makes the preliminary inquiry contemplated in paragraph 2 of this
article shall promptly report its findings to the said States and shall
indicate whether it intends to exercise jurisdiction.
1 The
master of a ship of a State Party (the "flag State") may deliver to the
authorities of any other State Party (the "receiving State") any person who he
has reasonable grounds to believe has committed one of the offences set forth
in article 3.
2 The flag State shall ensure that the master of its ship is
obliged, whenever practicable, and if possible before entering the territorial
sea of the receiving State carrying on board any person whom the master
intends to deliver in accordance with paragraph 1, to give notification to the
authorities of the receiving State of his intention to deliver such person and
the reasons therefor.
3 The receiving State shall accept the delivery, except
where it has grounds to consider that the Convention is not applicable to the
acts giving rise to the delivery, and shall proceed in accordance with the
provisions of article 7. Any refusal to accept a delivery shall be accompanied
by a statement of the reasons for refusal.
4 The flag State shall ensure that
the master of its ship is obliged to furnish the authorities of the receiving
State with the evidence in the master's possession which pertains to the
alleged offence.
5 A receiving State which has accepted the delivery of a
person in accordance with paragraph 3 may, in turn, request the flag
State to accept delivery of that person. The flag State shall consider any
such request, and if it accedes to the request it shall proceed in accordance
with article 7. If the flag State declines a request, it shall furnish the
receiving State with a statement of the reasons therefor.
Nothing in this Convention shall affect in any way the rules of international law pertaining to the competence of States to exercise investigative or enforcement jurisdiction on board ships not flying their flag.
1 The State Party in the territory of which the offender or the alleged
offender is found shall, in cases to which article 6 applies, if it does not
extradite him, be obliged, without exception whatsoever and whether or not the
offence was committed in its territory, to submit the case without delay to
its competent authorities for the purpose of prosecution, through proceedings
in accordance with the laws of that State. Those authorities shall take their
decision in the same manner as in the case of any other offence of a grave
nature under the law of that State.
2 Any person regarding whom proceedings
are being carried out in connection with any of the offences set forth in
article 3 shall be guaranteed fair treatment at all stages of the proceedings,
including enjoyment of all the rights and guarantees provided for such
proceedings by the law of the State in the territory of which he is present.
1 The offences set forth in article 3 shall be deemed to be
included as extraditable offences in any extradition treaty existing between
any of the States Parties. States Parties undertake to include such offences
as extraditable offences in every extradition treaty to be concluded between
them.
2 If a State Party which makes extradition conditional on the existence
of a treaty receives a request for extradition from another State Party with
which it has no extradition treaty, the requested State Party may, at its
option, consider this Convention as a legal basis for extradition in respect
of the offences set forth in article 3. Extradition shall be subject to the
other conditions provided by the law of the requested State Party.
3 States
Parties which do not make extradition conditional on the existence of a treaty
shall recognize the offences set forth in article 3 as extraditable offences
between themselves, subject to the conditions provided by the law of the
requested State.
4 If necessary, the offences set forth in article 3 shall be
treated, for the purposes of extradition between States Parties, as if they
had been committed not only in the place in which they occurred but also in a
place within the jurisdiction of the State Party requesting extradition.
5 A
State Party which receives more than one request for extradition from States
which have established jurisdiction in accordance with article 7 and which
decides not to prosecute shall, in selecting the State to which the offender
or alleged offender is to be extradited, pay due regard to the interests and
responsibilities of the State Party whose flag the ship was flying at the time
of the commission of the offence.
6 In considering a request for the
extradition of an alleged offender pursuant to this Convention, the requested
State shall pay due regard to whether his rights as set forth in article 7,
paragraph 3, can be effected in the requesting State.
7 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.
1 State Parties shall afford one another the
greatest measure of assistance in connection with criminal proceedings brought
in respect of the offences set forth in article 3, including assistance in
obtaining evidence at their disposal necessary for the proceedings.
2 States
Parties shall carry out their obligations under paragraph 1 in conformity with
any treaties on mutual assistance that may exist between them. In the absence
of such treaties, States Parties shall afford each other assistance in
accordance with their national law.
1 States Parties shall
co-operate in the prevention of the offences set forth in article 3,
particularly by:
(a) taking all practicable measures to prevent preparations
in their respective territories for the commission of those offences within or
outside their territories;
(b) exchanging information in accordance with
their national law, and co-ordinating administrative and other measures taken
as appropriate to prevent the commission of offences set forth in article 3.
2 When, due to the commission of an offence set forth in article 3, the
passage of a ship has been delayed or interrupted, any State Party in whose
territory the ship or passengers or crew are present shall be bound to
exercise all possible efforts to avoid a ship, its passengers, crew or cargo
being unduly detained or delayed.
Any State Party having reason to believe that an offence set forth in article 3 will be committed shall, in accordance with its national law, furnish as promptly as possible any relevant information in its possession to those States which it believes would be the States having established jurisdiction in accordance with article 6.
1 Each State Party shall, in accordance with its national
law, provide to
the Secretary-General, as promptly as possible, any relevant information in
its possession concerning:
(a) the circumstances of the offence;
(b) the
action taken pursuant to article 13, paragraph 2;
(c) the measures taken in
relation to the offender or the alleged offender and, in particular, the
results of any extradition proceedings or other legal proceedings.
2 The
State Party where the alleged offender is prosecuted shall, in accordance with
its national law, communicate the final outcome of the proceedings to the
Secretary-General.
3 The information transmitted in accordance with
paragraphs 1 and 2 shall be communicated by the Secretary-General to all
States Parties, to Members of the International Maritime Organization
(hereinafter referred to as "the Organization"), to the other States
concerned, and to the appropriate international intergovernmental
organizations.
1 Any dispute between two or more States
Parties concerning the interpretation or application of this Convention which
cannot be settled through negotiation within a reasonable time shall, at the
request of one of them, be submitted to arbitration. If, within six months
from the date of the request for arbitration, the parties are unable to agree
on the organization of the arbitration any one of those parties may refer the
dispute to the International Court of Justice by request in conformity with
the Statute of the Court.
2 Each State may at the time of signature or
ratification, acceptance or approval of this Convention or accession thereto,
declare that it does not consider itself bound by any or all of the provisions
of paragraph 1. The other States Parties shall not be bound by those
provisions with respect to any State Party which has made such a reservation.
3 Any State which has made a reservation in accordance with paragraph
2 may, at any time, withdraw that reservation by notification to the
Secretary-General.
1 This Convention shall be open for
signature at Rome on 10 March 1988 by States participating in the
International Conference on the Suppression of Unlawful Acts against the
Safety of Maritime Navigation and at the Headquarters of the Organization by
all States from 14 March 1988 to 9 March 1989. It shall thereafter
remain open for accession.
2 States may express their consent to be bound by
this Convention by:
(a) signature without reservation as to ratification,
acceptance or approval; or
(b) signature subject to ratification, acceptance
or approval, followed by ratification, acceptance or approval; or
(c)
accession.
3 Ratification, acceptance, approval or accession shall be
effected by the deposit of an instrument to that effect with the
Secretary-General.
1 This Convention shall enter into force
ninety days following the date on which fifteen States have either signed it
without reservation as to ratification, acceptance or approval, or have
deposited an instrument of ratification, acceptance, approval or accession in
respect thereof.
2 For a State which deposits an instrument of ratification,
acceptance, approval or accession in respect of this Convention after the
conditions for entry into force thereof have been met, the ratification,
acceptance, approval or accession shall take effect ninety days after the date
of such deposit.
1 This Convention may be denounced by any
State Party at any time after the expiry of one year from the date on which
this Convention enters into force for that State.
2 Denunciation shall be
effected by the deposit of an instrument of denunciation with the
Secretary-General.
3 A denunciation shall take effect one year, or such
longer period as may be specified in the instrument of denunciation, after the
receipt of the instrument of denunciation by the Secretary-General.
1 A conference for the purpose of revising or amending this Convention may be
convened by the Organization.
2 The Secretary-General shall convene a
conference of the States Parties to this Convention for revising or amending
the Convention, at the request of one third of the States Parties, or ten
States Parties, whichever is the higher figure.
3 Any instrument of
ratification, acceptance, approval or accession deposited after the date of
entry into force of an amendment to this Convention shall be deemed to apply
to the Convention as amended.
1 This Convention shall be
deposited with the Secretary-General.
2 The Secretary-General shall:
(a)
inform all States which have signed this Convention or acceded thereto, and
all Members of the Organization, of:
(i) each new signature or deposit of an
instrument of ratification, acceptance, approval or accession together with
the date thereof;
(ii) the date of the entry into force of this Convention;
(iii) the deposit of any instrument of denunciation of this Convention
together with the date on which it is received and the date on which the
denunciation takes effect;
(iv) the receipt of any declaration or
notification made under this Convention;
(b) transmit certified true copies
of this Convention to all States which have signed this Convention or acceded
thereto.
3 As soon as this Convention enters into force, a certified true
copy thereof shall be transmitted by the Depositary to the Secretary-General
of the United Nations for registration and publication in accordance with
Article 102 of the Charter of the United Nations.
This
Convention is established in a single original in the Arabic, Chinese,
English, French, Russian and Spanish languages, each text being equally
authentic.
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments for that purpose have signed this Convention.
DONE AT
ROME this tenth day of March one thousand nine hundred and eighty-eight.