International
Convention for the Suppression of Terrorist Bombing, G.A. Res. 164, U.N. GAOR,
52nd Sess., Supp. No. 49, at 389, U.N. Doc. A/52/49 (1998), entered into
force May 23, 2001.
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 good-neighbourliness and
friendly relations and cooperation among States,
Deeply concerned about the worldwide
escalation of acts of terrorism in all its forms and manifestations,
Recalling the Declaration on the
Occasion of the Fiftieth Anniversary of the United Nations of 24 October 1995,
Recalling also the Declaration on
Measures to Eliminate International Terrorism, annexed to General Assembly resolution
49/60 of 9 December 1994, in which, inter alia, "the States Members of the United
Nations solemnly reaffirm their unequivocal condemnation of all acts, methods
and practices of terrorism as criminal and unjustifiable, wherever and by whomever
committed, including those which jeopardize the friendly relations among States
and peoples and threaten the territorial integrity and security of States",
Noting that the Declaration also
encouraged States "to review urgently the scope of the existing international
legal provisions on the prevention, repression and elimination of terrorism
in all its forms and manifestations, with the aim of ensuring that there is
a comprehensive legal framework covering all aspects of the matter",
Recalling General Assembly resolution
51/210 of 17 December 1996 and the Declaration to Supplement the 1994 Declaration
on Measures to Eliminate International Terrorism annexed thereto,
Noting that terrorist attacks by
means of explosives or other lethal devices have become increasingly widespread,
Noting also that existing multilateral
legal provisions do not adequately address these attacks,
Being convinced of the urgent need
to enhance international cooperation between States in devising and adopting
effective and practical measures for the prevention of such acts of terrorism
and for the prosecution and punishment of their perpetrators,
Considering that the occurrence
of such acts is a matter of grave concern to the international community as
a whole,
Noting that the activities of military
forces of States are governed by rules of international law outside the framework
of this Convention and that the exclusion of certain actions from the coverage
of this Convention does not condone or make lawful otherwise unlawful acts,
or preclude prosecution under other laws,
Have agreed as follows:
Article 1
For the purposes of this Convention
- "State or government facility"
includes any permanent or temporary facility or conveyance that is used or
occupied by representatives of a State, members of Government, the legislature
or the judiciary or by officials or employees of a State or any other public
authority or entity or by employees or officials of an intergovernmental organization
in connection with their official duties.
- "Infrastructure facility" means
any publicly or privately owned facility providing or distributing services
for the benefit of the public, such as water, sewage, energy, fuel or communications.
- "Explosive or other lethal device"
means:
- An explosive or incendiary
weapon or device that is designed, or has the capability, to cause death,
serious bodily injury or substantial material damage; or
- A weapon or device that is
designed, or has the capability, to cause death, serious bodily injury or
substantial material damage through the release, dissemination or impact
of toxic chemicals, biological agents or toxins or similar substances or
radiation or radioactive material.
- "Military forces of a State"
means the armed forces of a State which are organized, trained and equipped
under its internal law for the primary purpose of national defence or security
and persons acting in support of those armed forces who are under their formal
command, control and responsibility.
- "Place of public use" means those
parts of any building, land, street, waterway or other location that are accessible
or open to members of the public, whether continuously, periodically or occasionally,
and encompasses any commercial, business, cultural, historical, educational,
religious, governmental, entertainment, recreational or similar place that
is so accessible or open to the public.
- "Public transportation system"
means all facilities, conveyances and instrumentalities, whether publicly
or privately owned, that are used in or for publicly available services for
the transportation of persons or cargo.
Article 2
- Any person commits an offence
within the meaning of this Convention if that person unlawfully and intentionally
delivers, places, discharges or detonates an explosive or other lethal device
in, into or against a place of public use, a State or government facility,
a public transportation system or an infrastructure facility:
- With the intent to cause death
or serious bodily injury; or
- With the intent to cause extensive
destruction of such a place, facility or system, where such destruction
results in or is likely to result in major economic loss.
- Any person also commits an offence
if that person attempts to commit an offence as set forth in paragraph 1 of
the present article.
- Any person also commits an offence
if that person:
- Participates as an accomplice
in an offence as set forth in paragraph 1 or 2 of the present article; or
- Organizes or directs others
to commit an offence as set forth in paragraph 1 or 2 of the present article;
or
- In any other way contributes
to the commission of one or more offences as set forth in paragraph 1 or
2 of the present article by a group of persons acting with a common purpose;
such contribution shall be intentional and either be made with the aim of
furthering the general criminal activity or purpose of the group or be made
in the knowledge of the intention of the group to commit the offence or
offences concerned.
Article 3
This Convention shall not apply
where the offence is committed within a single State, the alleged offender and
the victims are nationals of that State, the alleged offender is found in the
territory of that State and no other State has a basis under article 6, paragraph
1 or paragraph 2, of this Convention to exercise jurisdiction, except that the
provisions of articles 10 to 15 shall, as appropriate, apply in those cases.
Article 4
Each State Party shall adopt such
measures as may be necessary:
- To establish as criminal offences
under its domestic law the offences set forth in article 2 of this Convention;
- To make those offences punishable
by appropriate penalties which take into account the grave nature of those
offences.
Article 5
Each State Party shall adopt such
measures as may be necessary, including, where appropriate, domestic legislation,
to ensure that criminal acts within the scope of this Convention, in particular
where they are intended or calculated to provoke a state of terror in the general
public or in a group of persons or particular persons, are under no circumstances
justifiable by considerations of a political, philosophical, ideological, racial,
ethnic, religious or other similar nature and are punished by penalties consistent
with their grave nature.
Article 6
- 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 in
the territory of that State; or
- The offence is committed on
board a vessel flying the flag of that State or an aircraft which is registered
under the laws of that State at the time the offence is committed; or
- The offence is committed by
a national of that State.
- A State Party may also establish
its jurisdiction over any such offence when:
- The offence is committed against
a national of that State; or
- The offence is committed against
a State or government facility of that State abroad, including an embassy
or other diplomatic or consular premises of that State; or
- The offence is committed by
a stateless person who has his or her habitual residence in the territory
of that State; or
- The offence is committed in
an attempt to compel that State to do or abstain from doing any act; or
- The offence is committed on
board an aircraft which is operated by the Government of that State.
- Upon ratifying, accepting, approving
or acceding to this Convention, each State Party shall notify the Secretary-General
of the United Nations of the jurisdiction it has established under its domestic
law in accordance with paragraph 2 of the present article. Should any change
take place, the State Party concerned shall immediately notify the Secretary-General.
- Each State Party shall likewise
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 that person to any of the
States Parties which have established their jurisdiction in accordance with
paragraph 1 or 2 of the present article.
- This Convention does not exclude
the exercise of any criminal jurisdiction established by a State Party in
accordance with its domestic law.
Article 7
- Upon receiving information that
a person who has committed or who is alleged to have committed an offence
as set forth in article 2 may be present in its territory, the State Party
concerned shall take such measures as may be necessary under its domestic
law to investigate the facts contained in the information.
- Upon being satisfied that the
circumstances so warrant, the State Party in whose territory the offender
or alleged offender is present shall take the appropriate measures under its
domestic law so as to ensure that person's presence for the purpose of prosecution
or extradition.
- Any person regarding whom the
measures referred to in paragraph 2 of the present article are being taken
shall be entitled to:
- Communicate without delay with
the nearest appropriate representative of the State of which that person
is a national or which is otherwise entitled to protect that person's rights
or, if that person is a stateless person, the State in the territory of
which that person habitually resides;
- Be visited by a representative
of that State;
- Be informed of that person's
rights under subparagraphs (a) and (b).
- The rights referred to in paragraph
3 of the present article shall be exercised in conformity with the laws and
regulations of the State in the territory of which the offender or alleged
offender is present, subject to the provision 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.
- The provisions of paragraphs
3 and 4 of the present article shall be without prejudice to the right of
any State Party having a claim to jurisdiction in accordance with article
6, subparagraph 1 (c) or 2 (c), to invite the International Committee of the
Red Cross to communicate with and visit the alleged offender.
- When a State Party, pursuant
to the present article, has taken a person into custody, it shall immediately
notify, directly or through the Secretary-General of the United Nations, the
States Parties which have established jurisdiction in accordance with article
6, paragraphs 1 and 2, and, if it considers it advisable, any other interested
States Parties, of the fact that that person is in custody and of the circumstances
which warrant that person's detention. The State which makes the investigation
contemplated in paragraph 1 of the present article shall promptly inform the
said States Parties of its findings and shall indicate whether it intends
to exercise jurisdiction.
Article 8
- The State Party in the territory
of which the alleged offender is present shall, in cases to which article
6 applies, if it does not extradite that person, be obliged, without exception
whatsoever and whether or not the offence was committed in its territory,
to submit the case without undue 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.
- Whenever a State Party is permitted
under its domestic law to extradite or otherwise surrender one of its nationals
only upon the condition that the person will be returned to that State to
serve the sentence imposed as a result of the trial or proceeding for which
the extradition or surrender of the person was sought, and this State and
the State seeking the extradition of the person agree with this option and
other terms they may deem appropriate, such a conditional extradition or surrender
shall be sufficient to discharge the obligation set forth in paragraph 1 of
the present article.
Article 9
- The offences set forth in article
2 shall be deemed to be included as extraditable offences in any extradition
treaty existing between any of the States Parties before the entry into force
of this Convention. States Parties undertake to include such offences as extraditable
offences in every extradition treaty to be subsequently concluded between
them.
- When 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
2. Extradition shall be subject to the other conditions provided by the law
of the requested State.
- States Parties which do not make
extradition conditional on the existence of a treaty shall recognize the offences
set forth in article 2 as extraditable offences between themselves, subject
to the conditions provided by the law of the requested State.
- If necessary, the offences set
forth in article 2 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 the territory of the States that have established
jurisdiction in accordance with article 6, paragraphs 1 and 2.
- The provisions of all extradition
treaties and arrangements between States Parties with regard to offences set
forth in article 2 shall be deemed to be modified as between State Parties
to the extent that they are incompatible with this Convention.
Article 10
- States Parties shall afford one
another the greatest measure of assistance in connection with investigations
or criminal or extradition proceedings brought in respect of the offences
set forth in article 2, including assistance in obtaining evidence at their
disposal necessary for the proceedings.
- States Parties shall carry out
their obligations under paragraph 1 of the present article in conformity with
any treaties or other arrangements on mutual legal assistance that may exist
between them. In the absence of such treaties or arrangements, States Parties
shall afford one another assistance in accordance with their domestic law.
Article 11
None of the offences set forth in
article 2 shall be regarded, for the purposes of extradition or mutual legal
assistance, as a political offence or as an offence connected with a political
offence or as an offence inspired by political motives. Accordingly, a request
for extradition or for mutual legal assistance based on such an offence may
not be refused on the sole ground that it concerns a political offence or an
offence connected with a political offence or an offence inspired by political
motives.
Article 12
Nothing in this Convention shall
be interpreted as imposing an obligation to extradite or to afford mutual legal
assistance, if the requested State Party has substantial grounds for believing
that the request for extradition for offences set forth in article 2 or for
mutual legal assistance with respect to such offences has been made for the
purpose of prosecuting or punishing a person on account of that person's race,
religion, nationality, ethnic origin or political opinion or that compliance
with the request would cause prejudice to that person's position for any of
these reasons.
Article 13
- A person who is being detained
or is serving a sentence in the territory of one State Party whose presence
in another State Party is requested for purposes of testimony, identification
or otherwise providing assistance in obtaining evidence for the investigation
or prosecution of offences under this Convention may be transferred if the
following conditions are met:
- The person freely gives his
or her informed consent; and
- The competent authorities of
both States agree, subject to such conditions as those States may deem appropriate.
- For the purposes of the present
article:
- The State to which the person
is transferred shall have the authority and obligation to keep the person
transferred in custody, unless otherwise requested or authorized by the
State from which the person was transferred;
- The State to which the person
is transferred shall without delay implement its obligation to return the
person to the custody of the State from which the person was transferred
as agreed beforehand, or as otherwise agreed, by the competent authorities
of both States;
- The State to which the person
is transferred shall not require the State from which the person was transferred
to initiate extradition proceedings for the return of the person;
- The person transferred shall
receive credit for service of the sentence being served in the State from
which he was transferred for time spent in the custody of the State to which
he was transferred.
- Unless the State Party from which
a person is to be transferred in accordance with the present article so agrees,
that person, whatever his or her nationality, shall not be prosecuted or detained
or subjected to any other restriction of his or her personal liberty in the
territory of the State to which that person is transferred in respect of acts
or convictions anterior to his or her departure from the territory of the
State from which such person was transferred.
Article 14
Any person who is taken into custody
or regarding whom any other measures are taken or proceedings are carried out
pursuant to this Convention shall be guaranteed fair treatment, including enjoyment
of all rights and guarantees in conformity with the law of the State in the
territory of which that person is present and applicable provisions of international
law, including international law of human rights.
Article 15
States Parties shall cooperate in
the prevention of the offences set forth in article 2, particularly:
- By taking all practicable measures,
including, if necessary, adapting their domestic legislation, to prevent and
counter 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, knowingly finance or engage in the perpetration
of offences as set forth in article 2;
- By exchanging accurate and verified
information in accordance with their national law, and coordinating administrative
and other measures taken as appropriate to prevent the commission of offences
as set forth in article 2;
- Where appropriate, through research
and development regarding methods of detection of explosives and other harmful
substances that can cause death or bodily injury, consultations on the development
of standards for marking explosives in order to identify their origin in post-blast
investigations, exchange of information on preventive measures, cooperation
and transfer of technology, equipment and related materials.
Article 16
The State Party where the alleged
offender is prosecuted shall, in accordance with its domestic law or applicable
procedures, communicate the final outcome of the proceedings to the Secretary-General
of the United Nations, who shall transmit the information to the other States
Parties.
Article 17
The States Parties shall carry out
their obligations under this Convention in a manner consistent with the principles
of sovereign equality and territorial integrity of States and that of non-intervention
in the domestic affairs of other States.
Article 18
Nothing in this Convention entitles
a State Party to undertake in the territory of another State Party the exercise
of jurisdiction and performance of functions which are exclusively reserved
for the authorities of that other State Party by its domestic law.
Article 19
- Nothing in this Convention shall
affect other rights, obligations and responsibilities of States and individuals
under international law, in particular the purposes and principles of the
Charter of the United Nations and international humanitarian law.
- The activities of armed forces
during an armed conflict, as those terms are understood under international
humanitarian law, which are governed by that law, are not governed by this
Convention, and the activities undertaken by military forces of a State in
the exercise of their official duties, inasmuch as they are governed by other
rules of international law, are not governed by this Convention.
Article 20
- 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 application,
in conformity with the Statute of the Court.
- Each State may at the time of
signature, ratification, acceptance or approval of this Convention or accession
thereto declare that it does not consider itself bound by paragraph 1 of the
present article. The other States Parties shall not be bound by paragraph
1 with respect to any State Party which has made such a reservation.
- Any State which has made a reservation
in accordance with paragraph 2 of the present article may at any time withdraw
that reservation by notification to the Secretary-General of the United Nations.
Article 21
- This Convention shall be open
for signature by all States from 12 January 1998 until 31 December 1999 at
United Nations Headquarters in New York.
- This Convention is subject to
ratification, acceptance or approval. The instruments of ratification, acceptance
or approval shall be deposited with the Secretary-General of the United Nations.
- This Convention shall be open
to accession by any State. The instruments of accession shall be deposited
with the Secretary-General of the United Nations.
Article 22
- This Convention shall enter into
force on the thirtieth day following the date of the deposit of the twenty-second
instrument of ratification, acceptance, approval or accession with the Secretary-General
of the United Nations.
- For each State ratifying, accepting,
approving or acceding to the Convention after the deposit of the twenty-second
instrument of ratification, acceptance, approval or accession, the Convention
shall enter into force on the thirtieth day after deposit by such State of
its instrument of ratification, acceptance, approval or accession.
Article 23
- Any State Party may denounce
this Convention by written notification to the Secretary-General of the United
Nations.
- Denunciation shall take effect
one year following the date on which notification is received by the Secretary-General
of the United Nations.
Article 24
The original of this Convention,
of which the Arabic, Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited with the Secretary-General of the United
Nations, who shall send certified copies thereof to all States.
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