CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETYOF MARITIME NAVIGATION, 1988
CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETYOF MARITIME NAVIGATION, 1988
Whole document
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,
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 of maritime navigation, strictly to comply with rules
and principles of general international law,
HAVE AGREED as follows:
Article 1
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.
Article 2
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.
Article 3
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.
Article 4
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.
Article 5
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.
Article 6
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.
Article 7
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.
Article 8
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.
Article 9
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.
Article 10
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.
Article 11
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.
Article 12
1. States 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.
Article 13
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.
Article 14
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.
Article 15
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 paragraph 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.
Article 16
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.
Article 17
1. The 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.
Article 18
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.
Article 19
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.
Article 20
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.
Article 21
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.
Article 22
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.
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