Commonwealth Consolidated Acts Commonwealth Consolidated ActsSection 3
BEING PARTIES to the
Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation,
RECOGNIZING that the reasons for which the Convention was
elaborated also apply to fixed platforms located on the continental shelf,
TAKING ACCOUNT of the provisions of that Convention,
AFFIRMING that matters
not regulated by this Protocol continue to be governed by the rules and
principles of general international law,
HAVE AGREED as follows:
1 The provisions of articles 5 and 7 and of articles 10 to 16 of the
Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation (hereinafter referred to as "the Convention") shall also apply
mutatis mutandis to the offences set forth in article 2 of this Protocol where
such offences are committed on board or against fixed platforms located on the
continental shelf.
2 In cases where this Protocol 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 in whose
internal waters or territorial sea the fixed platform is located.
3 For the
purposes of this Protocol, "fixed platform" means an artificial island,
installation or structure permanently attached to the sea-bed for the purpose
of exploration or exploitation of resources or for other economic purposes.
1 Any person commits an offence if that person unlawfully and intentionally:
(a) seizes or exercises control over a fixed platform by force or threat
thereof or any other form of intimidation; or
(b) performs an act of violence
against a person on board a fixed platform if that act is likely to endanger
its safety; or
(c) destroys a fixed platform or causes damage to it which is
likely to endanger its safety; or
(d) places or causes to be placed on a
fixed platform, by any means whatsoever, a device or substance which is likely
to destroy that fixed platform or likely to endanger its safety; or
(e)
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 (d).
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 such offences 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) and (c),
if that threat is likely to endanger the safety of the fixed platforms.
1 Each State Party shall take such measures as may be necessary
to establish its jurisdiction over the offences set forth in article 2 when
the offence is committed:
(a) against or on board a fixed platform while it
is located on the continental shelf of that State; or
(b) 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;
(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 2 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 Protocol does not
exclude any criminal jurisdiction exercised in accordance with national law.
Nothing in this Protocol shall affect in any way the rules of international law pertaining to fixed platforms located on the continental shelf.
1 This Protocol shall be open for signature at Rome on
10 March 1988 and at the Headquarters of the International Maritime
Organization (hereinafter referred to as "the Organization") from
14 March 1988 to 9 March 1989 by any State which has signed the
Convention. It shall thereafter remain open for accession.
2 States may
express their consent to be bound by this Protocol 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.
4 Only a State which has signed the
Convention without reservation as to ratification, acceptance or approval, or
has ratified, accepted, approved or acceded to the Convention may become a
Party to this Protocol.
1 This Protocol shall enter into force ninety days following the date on which
three 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. However, this Protocol
shall not enter into force before the Convention has entered into force.
2
For a State which deposits an instrument of ratification, acceptance, approval
or accession in respect of this Protocol 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 Protocol may be denounced by any State Party at any time
after the expiry of one year from the date on which this Protocol 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.
4 A denunciation of the Convention by
a State Party shall be deemed to be a denunciation of this Protocol by that
Party.
1 A conference for the purpose of revising or amending
this Protocol may be convened by the Organization.
2 The Secretary-General
shall convene a conference of the States Parties to this Protocol for revising
or amending the Protocol, at the request of one third of the States Parties,
or five 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 Protocol shall be deemed to apply to
the Protocol as amended.
1 This Protocol shall be deposited
with the Secretary-General.
2 The Secretary-General shall:
(a) inform all
States which have signed this Protocol 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 entry into force of this Protocol;
(iii) the
deposit of any instrument of denunciation of this Protocol 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
Protocol or under the Convention, concerning this Protocol;
(b) transmit
certified true copies of this Protocol to all States which have signed this
Protocol or acceded thereto.
3 As soon as this Protocol 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 Protocol 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 Protocol.
DONE AT
ROME this tenth day of March one thousand nine hundred and eighty-eight.