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S.I. No. 374/2005 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2005

Act 1965 (Application of Part II) (Amendment) Order 2005 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced b

Article 2

(b) of, and Schedule 1 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein; AND WHEREAS the Hostages Convention was acceded to on behalf of the State on the 30th day of June 2005; AND WHEREAS the Hostages Convention has also been ratified, or acceded to, by the countries specified in the Table to Schedule 10 to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (

Article 2

(n) of, and Schedule 6 to this Order) subject to the reservations entered, and the declarations made, by certain of the countries concerned specified in Part B of the said Schedule 7G; AND WHEREAS, by the International Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, adopted at New York on the 14th day of December 1973 (referred to subsequently in these recitals as the “Convention on Crimes against Internationally Protected Persons”, and the terms of which are set out in Part A of Schedule 7H to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (

Article 2

(c) of, and Schedule 2 to this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein; AND WHEREAS the Convention on Crimes against Internationally Protected Persons was acceded to on behalf of the State on the 30th day of June 2005; AND WHEREAS the Convention on Crimes against Internationally Protected Persons has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7H; AND WHEREAS, by the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on the 15th day of December 1997 (referred to subsequently in these recitals as the “Convention on Terrorist Bombings”, and the terms of which are set out in Part A of Schedule 7I to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (

Article 2

(d) of, and Schedule 3 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein; AND WHEREAS the Convention on Terrorist Bombings was ratified on behalf of the State on the 30th day of June 2005; AND WHEREAS the Convention on Terrorist Bombings has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7I; AND WHEREAS, by the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on the 9th day of December 1999 (referred to subsequently in these recitals as the “Convention on Financing Terrorism”, and the terms of which are set out in Part A of Schedule 7J to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (

Article 2

(e) of, and Schedule 4 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein; AND WHEREAS the Convention on Financing of Terrorism was ratified on behalf of the State on the 30th day of June 2005; AND WHEREAS the Convention on Financing of Terrorism has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7J; AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) (No. 2) Order 2004 ( S.I. No. 725 of 2004 ), certain additional reservations have been entered to the European Convention on Extradition, done at Paris on the 13th day of December 1957 (referred to subsequently in these recitals as the “Paris Convention”), the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, concluded at Vienna on the 20th day of December 1988, the European Convention on the Suppression of Terrorism done at Strasbourg on the 27th day of January 1977, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on the 10th day of December 1984, the Convention on the Safety of United Nations and Associated Personnel, done at New York on the 9th day of December, 1994 (referred to subsequently in these recitals as the “Convention on the Safety of UN Personnel”) and the Criminal Law Convention on Corruption, done at Strasbourg on the 27th day of January 1999 (referred to subsequently in these recitals as the “Convention on Corruption”), the texts of which are set out in Part C of Schedule 1, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A (

the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No. 173 of 2002 )), Part B of Schedule 7B (

the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No. 173 of 2002 )) and Part B of Schedule 7D (

the Extradition Act 1965 (Application of Part II) (Amendment Order 2003 ( S.I. No. 479 of 2003 )) of the Extradition Act 1965 (Application of Part II Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 2 of, and Schedule 5 to, this Order); AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) (No. 2) Order 2004 ( S.I. No. 725 of 2004 ), certain additional declarations have been made in relation to the Paris Convention, the Convention for the Suppression of the Unlawful Seizure of Aircraft done at the Hague on the 16th day of December 1970 the Convention on the Safety of UN Personnel and the Convention on Corruption, the texts of which are set out in Part C of Schedule 1, Part B of Schedule 2, Part B of Schedule 7B and Part B of Schedule 7D to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 2 of, and Schedule 5 to, this Order); NOW I, Dermot Ahern, T.D., Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 8 (amended by section 49 the European Arrest Warrant Act 2003 (No.45 of 2003)) of the Extradition Act 1965 (No. 17 of 1965) and after consultation with the Minister for Justice, Equality and Law Reform, hereby order as follows: 1.

(1)This Order may be cited as the Extradition Act 1965 (Application of Part II) (Amendment) Order 2005.
(2)This Order shall come into operation on 15 July
  2. The Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended) is amended by - (a) the insertion of the following paragraph after paragraph
(4)of Article 3 (

the Extradition Act 1965 (Application of Part II) (Amendment) (No. 2) Order 2004 ( S.I. No. 725 of 2004 )): “

(5)Part II of the Act of 1965 shall apply in relation to Italy where the offence concerned was committed or alleged to have been committed before 7 August 2002.”; (
  1. b)the insertion of the Schedule set out in Schedule 1 to this Order, (
  2. c)the insertion of the Schedule set out in Schedule 2 to this Order, (
  3. d)the insertion of the Schedule set out in Schedule 3 to this Order, (
  4. e)the insertion of the Schedule set out in Schedule 4 to this Order, (
  5. f)the insertion, in Part C of Schedule 1, of the reservation and declarations set out in Part A of Schedule 5 to this Order, (
  6. g)the insertion, in Part B of Schedule 2, of the declaration set out in Part B of Schedule 5 to this Order, (
  7. h)the insertion, in Part B of Schedule 6, of the reservations set out in Part C of Schedule 5 to this Order, (
  8. i)the insertion, in Part B of Schedule 7, of the reservation set out in Part D of Schedule 5 to this Order, (
  9. j)the insertion, in Part C of Schedule 7A (

the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No.173 of 2002 )), of the reservations and declaration set out in Part E of Schedule 5 to this Order, (k) the insertion, in Part B of Schedule 7B (

the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No.173 of 2002 )), of the reservation and declaration set out in Part F of Schedule 5 to this Order, (l) The insertion, in Part B of Schedule 7D (

the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 )) of the reservation and declaration set out in Part G of Schedule 5 to this Order, (m) the insertion in paragraph 1

(1)of Schedule 10 of the following definitions: “ ‘Hostages Convention’ means the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on the 17th day of December 1979; ‘Convention on Crimes against Internationally Protected Persons’ means the International Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, drawn up under the auspices of the United Nations adopted at New York on the 14th day of December 1973; ‘Convention on Terrorist Bombings’ means the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on the 15th day of December 1997; ‘Convention on Financing Terrorism’ means the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on the 9th day of December 1999;” and (n) the substitution of the Table set out in Schedule 6 to this Order for the Table (

Article 3

(

  1. c)of, and Schedule 2 to, the Extradition Act 1965 (Application of Part II) (Amendment) (No.2 Order 2004 ( S.I. No.725 of 2004 )) set out in Schedule 10. SCHEDULE 1 “SCHEDULE 7G PART A INTERNATIONAL CONVENTION AGAINST THE TAKING OF HOSTAGES Adopted by the General Assembly of the United Nations on the 17th day of December 1979 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: Article 1 1. Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person (hereinafter referred to as the “hostage”) in order to compel a third party, namely, a State, an international intergovernmental organization, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostages (“hostage-taking”) within the meaning of this Convention. 2. Any person who: (
  2. a)attempts to commit an act of hostage-taking, or (
  3. 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. Article 2 Each State Party shall make the offences set forth in article 1 punishable by appropriate penalties which take into account the grave nature of those offences. Article 3 1. The State Party in the territory of which the hostage is held by the offender shall take all measures it considers appropriate to ease the situation of the hostage, in particular, to secure his release and, after his release, to facilitate, when relevant, his departure. 2. If any object which the offender has obtained as a result of the taking of hostages comes into the custody of a State Party, that State Party shall return it as soon as possible to the hostage or the third party referred to in article 1, as the case may be, or to the appropriate authorities thereof. Article 4 States Parties shall co-operate in the prevention of the offences set forth in article 1 particularly by: (
  4. 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; (
  5. b)exchanging information and co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those offences. Article 5 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over any of the offences set forth in article 1 which are committed: (
  6. a)in its territory or on board a ship or aircraft registered in that State; (
  7. 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; (
  8. c)in order to compel that State to do or abstain from doing any act; or (
  9. 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. Article 6 1. Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the alleged offender is present shall, in accordance with its laws, 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. That State Party shall immediately make a preliminary inquiry into the facts. 2. The custody or other measures referred to in paragraph 1 of this article shall be notified without delay directly or through the Secretary-General of the United Nations to: (
  10. a)the State where the offence was committed; (
  11. b)the State against which compulsion has been directed or attempted; (
  12. c)the State of which the natural or juridical person against whom compulsion has been directed or attempted is a national; (
  13. d)the State of which the hostage is a national or in the territory of which he has his habitual residence; (
  14. 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; (
  15. f)the international intergovernmental organization against which compulsion has been directed or attempted; (
  16. 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: (
  17. 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; (
  18. 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(
  19. 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. Article 7 The State Party where the alleged offender is prosecuted shall in accordance with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States concerned and the international intergovernmental organizations concerned. Article 8 1. The State Party in the territory of which the alleged offender is found shall, 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 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 ordinary offence of a grave nature under the law of that State. 2. Any person regarding whom proceedings are being carried out in connexion with any of the offences set forth in article 1 shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the law of the State in the territory of which he is present. Article 9 1. A request for the extradition of an alleged offender, pursuant to this Convention shall not be granted if the requested State Party has substantial grounds for believing: (
  20. 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 (
  21. b)that the person's position may be prejudiced: (
  22. i)for any of the reasons mentioned in subparagraph (
  23. a)of this paragraph, or (
  24. 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. Article 10 1. The offences set forth in article 1 shall be deemed to be included as extraditable offences in any extradition treaty existing between 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 may at its option consider this Convention as the legal basis for extradition in respect of the offences set forth in article 1. Extradition shall be subject to the other conditions provided by the law of the requested State. 3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article 1 as extraditable offences between themselves subject to the conditions provided by the law of the requested State. 4. The offences set forth in article 1 shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of article 5. Article 11 1. States Parties shall afford one another the greatest measure of assistance in connexion with criminal proceedings brought in respect of the offences set forth in article 1, including the supply of all evidence at their disposal necessary for the proceedings. 2. The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty. Article 12 In so far as the Geneva Conventions of 1949 for the protection of war victims or the Protocols Additional to those Conventions are applicable to a particular act of hostage-taking and in so far as States Parties to this Convention are bound under those conventions to prosecute or hand over the hostage-taker, the present Convention shall not apply to an act of hostage-taking committed in the course of armed conflicts as defined in the Geneva Conventions of 1949 and the Protocols thereto, including armed conflicts mentioned in article 1, paragraph 4, of Additional Protocol I of 1977, in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination, 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. Article 13 This Convention shall not apply where the offence is committed within a single State, the hostage and the alleged offender are nationals of that State and the alleged offender is found in the territory of that State. Article 14 Nothing in this Convention shall be construed as justifying the violation of the territorial integrity or political independence of a State in contravention of the Charter of the United Nations. Article 15 The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this Convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those treaties. Article 16 1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation 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 of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party which has made such a reservation. 3. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations. Article 17 1. This Convention is open for signature by all States until 31 December 1980 at United Nations Headquarters in New York. 2. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. 3. This Convention is open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations. Article 18 1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations. 2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession. Article 19 1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. 2. Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations. Article 20 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. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 18 December 1979. PART B Reservations and Declarations to the International Convention against the Taking of Hostages Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession. Algeria Reservation: The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 16, paragraph 1, of the [said Convention]. These provisions are not in accordance with the view of the Government of the People's Democratic Republic of Algeria that the submission of a dispute to the International Court of Justice requires the prior agreement of all the parties concerned in each case. Belarus The Byelorussian Soviet Socialist Republic does not consider itself bound by article 16 paragraph 1, of the International Convention against the Taking of Hostages and declares that, in order for any dispute between parties to the Convention concerning the interpretation or application thereof to be referred to arbitration or to the International Court of Justice, the consent of all parties to the dispute must be secured in each individual case. The Byelorussian Soviet Socialist Republic condemns international terrorism, which takes the lives of innocent people, constitutes a threat to their freedom and personal inviolability and destabilizes the international situation, whatever the motives used to explain terrorist actions. Accordingly, the Byelorussian Soviet Socialist Republic considers that article 9, paragraph 1, of the Convention should be applied in a manner consistent with the stated aims of the Convention, which include the development of international co-operation in adopting effective measures for the prevention, prosecution and punishment of all acts of hostage-taking as manifestations of international terrorism through, inter alia, the extradition of alleged offenders. Brazil Reservation: With the reservation provided under article 16

(2). Bulgaria Declaration on article 9, paragraph 1: The People's Republic of Bulgaria condemns all acts of international terrorism, whose victims are not only governmental and public officials but also many innocent people including mothers, children, old-aged, and which exerts an increasingly destabilizing impact on international relations, complicates considerably the political solution of crisis situations, irrespective of the reasons invoked to explain terrorist acts. The People's Republic of Bulgaria considers that article 9, paragraph 1 of the Convention should be applied in a manner consistent with the stated aims of the Convention, which include the development of international co-operation in adopting effective measures for the prevention, prosecution and punishment of all acts of hostage-taking as manifestations of international terrorism, including extradition of alleged offenders. Chile The Government of the Republic [of Chile], having approved this Convention, states that such approval is given on the understanding that the aforesaid Convention prohibits the taking of hostages in any circumstances, even those referred to in article 12. China Reservation: The People's Republic of China makes its reservation to article 16, paragraph 1, and does not consider itself bound by the provisions of article 16, paragraph 1, of the Convention. Colombia Reservation: In accordance with article 16
(2)of the Convention, Colombia does not consider itself bound by the provisions of article 16
(1). Cuba Reservation: The Republic of Cuba declares, pursuant to article 16, paragraph 2, that it does not consider itself bound by paragraph 1 of the said article, concerning the settlement of disputes arising between States Parties, inasmuch as it considers that such disputes must be settled through amicable negotiation. In consequence, it reiterates that it does not recognize the compulsory jurisdiction of the International Court of Justice. Democratic People's Republic of Korea Reservations: ... with the following reservations:
  1. The Democratic People's Republic of Korea does not consider itself bound by the provisions of article 16, paragraph 1 of the Convention.
  2. The Democratic People's Republic of Korea does not consider itself bound by the provisions of article 5, paragraph 3 of the Convention. Dominica Understanding: The aforesaid Convention prohibits the taking of hostages in any circumstances, even those referred to in article
  3. El Salvador Upon signature: With the reservation permitted under article 16
(2)of the said Convention. Upon ratification: Reservation with respect to the application of the provisions of article 16, paragraph 1 of the Convention. Ethiopia Reservation pursuant to article 16
(2): The Government of the Federal Democratic Republic of Ethiopia does not consider itself bound by the aforementioned provision of the Convention, under which any dispute between two or more States Parties concerning the interpretation or application of the Convention shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that disputes concerning the interpretation or application of the Convention would be submitted to arbitration or to the Court only with the prior consent of all the parties concerned. France Declarations:
  1. France considers that the act of hostage-taking is prohibited in all circumstances.
  2. With regard to the application of article 6, France, in accordance with the principles of its penal procedure, does not intend to take an alleged offender into custody or to take any other coercive measures prior to the institution of criminal proceedings, except in cases where pre-trial detention has been requested.
  3. With regard to the application of article 9, extradition will not be granted if the person whose extradition is requested was a French national at the time of the events or, in the case of a foreign national, if the offence is punishable by the death penalty under the laws of the requesting State, unless that State gives what are deemed to be adequate assurances that the death penalty will not be imposed or, if a death sentence is passed, that it will not be carried out. India Reservation: The Government of the Republic of India declares that it does not consider itself bound by paragraph 1 of article 16 which establishes compulsory arbitration or adjudication by the International Court of Justice concerning disputes between two or more States Parties relating to the interpretation or application of this Convention at the request of one of them. Italy Upon signature: The Italian Government declares that, because of the differing interpretations to which certain formulations in the text lend themselves, Italy reserves the right, when depositing the instrument of ratification, to invoke article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969 in conformity with the general principles of international law. Jordan The Government of the Hashemite Kingdom of Jordan declares that their accession to the International Convention against the Taking of Hostages can in no way be construed as constituting recognition of, or entering into treaty relations with the ‘state of Israel’. Kenya The Government of the Republic of Kenya does not consider herself bound by the provisions of paragraph
(1)of the article 16 of the Convention. Kuwait Declaration: It is understood that the accession to this Convention does not mean in any way a recognition of Israel by the Government of the State of Kuwait. Furthermore, no treaty relations will arise between the State of Kuwait and Israel. Lao People's Democratic Republic Reservation: In accordance with paragraph 2, Article 16 of the International Convention Against the Taking of Hostages, the Lao People's Democratic Republic does not consider itself bound by paragraph 1, article 16 of the present Convention. The Lao People's Democratic Republic declares that to refer a dispute relating to interpretation and application of the present Convention to arbitration or International Court of Justice, the agreement of all parties concerned in the dispute is necessary. Lebanon Declaration:
  1. The accession of the Lebanese Republic to the Convention shall not constitute recognition of Israel, just as the application of the Convention shall not give rise to relations or cooperation of any kind with it.
  2. The provisions of the Convention, and in particular those of its article 13, shall not affect the Lebanese Republic's stance of supporting the right of States and peoples to oppose and resist foreign occupation of their territories. Liechtenstein Interpretative declaration: The Principality of Liechtenstein construes article 4 of the Convention to mean that the Principality of Liechtenstein undertakes to fulfil the obligations contained therein under the conditions laid down in its domestic legislation. Malawi While the Government of the Republic of Malawi accepts the principles in article 16, this acceptance would nonetheless be read in conjunction with [the] declaration [made by the President and the Minister for Foreign Affairs of Malawi] of 12 December, 1966 upon recognition as compulsory, the jurisdiction of the International Court of Justice under article 36, paragraph 2, of the State of the Court. Mexico In relation to article 16, the United Mexican States adhere to the scope and limitations established by the Government of Mexico on 7 November 1945, at the time when it ratified the Charter of the United Nations and the Statute of the International Court of Justice. 6 August 1987 The Government of Mexico subsequently specified that the said declaration should be understood to mean that, in so far as article 16 is concerned, the United Mexican States accede subject to the limits and restrictions laid down by the Mexican Government when recognizing, on 23 October 1947, the compulsory jurisdiction of the International Court of Justice in accordance with article 36, paragraph 2, of the State of the Court. Mozambique Declaration in accordance with its article 16, paragraph 2: The Republic of Mozambique does not consider itself bound by the provisions of article 16 paragraph 1 of the Convention. In this connection, the Republic of Mozambique states that, in each individual case, the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to [the] International Court of Justice. Furthermore, the Republic of Mozambique declares that: The Republic of Mozambique, in accordance with its Constitution and domestic laws, can not extradite Mozambique citizens. Therefore, Mozambique citizens will be tried and sentenced in national courts. Myanmar Reservation: The Government of the Union of Myanmar does not consider itself bound by the article 16
(1)of the International Convention against the Taking of Hostages adopted on 17 December
  1. Netherlands Reservation: In cases where the judicial authorities of either the Netherlands, the Netherlands Antilles or Aruba cannot exercise jurisdiction pursuant to one of the principles mentioned in article 5, paragraph 1, the Kingdom accepts the aforesaid obligation [laid down in article 8] subject to the condition that it has received and rejected a request for extradition from another State party to the Convention. Declaration: In the view of the Government of the Kingdom of the Netherlands article 15 of the Convention, and in particular the second sentence of that article, in no way affects the applicability of article 33 of the Convention of 28 July 1951 relating to the Status of Refugees. Republic of Moldova Reservation: Pursuant to article 16, paragraph 2 of the International Convention against the Taking of Hostages, the Republic of Moldova declares that it does not consider itself bound by the provisions of article 16, paragraph 1 of the Convention. Russian Federation [Same reservation and declaration identical in substance, mutatis mutandis, as those made by Belarus.] Saudi Arabia Reservation:
  2. The Kingdom of Saudi Arabia does not consider itself obligated with the provision of paragraph 1, of article 16, of the Convention concerning arbitration. Declaration:
  3. The accession of the Kingdom of Saudi Arabia to this Convention does not constitute a recognition of Israel and does not lead to entering into any transactions or the establishment of any relations based on this Convention. Serbia and Montenegro Confirmed upon succession:Declaration: The [Government of Yugoslavia] herewith states that the provisions of Article 9 of the Convention should be interpreted and applied in practice in the way which would not bring into question the goals of the Convention, i.e. undertaking of efficient measures for the prevention of all acts of the taking of hostages as a phenomenon of international terrorism, as well as the prosecution, punishment and extradition of persons considered to have perpetrated this criminal offence. Switzerland Declaration: The Swiss Federal Council interprets article 4 of the Con-vention to mean that Switzerland undertakes to fulfil the obligations contained therein in the conditions specified by its domestic legislation. Tunisia Reservation: [The Government of the Republic of Tunisia] declares that it does not consider itself bound by the provisions of paragraph 1 of article 16 and states that disputes concerning the interpretation or application of the Convention can only be submitted to arbitration or to the International Court of Justice with the prior consent of all the Parties concerned. Turkey Reservation: In acceding to the Convention the Government of the Republic of Turkey, under article 16
(2)of the Convention declares that it doesn‘t consider itself bound by the provisions of paragraph
(1)of the said article. Ukraine [Same reservation and declaration identical in substance, mutatis mutandis, as those made by Belarus.] Venezuela (Bolivarian Republic
  1. of)Declaration: The Republic of Venezuela declares that it is not bound by the provisions of article 16 paragraph 1, of the Convention. Objections (Unless otherwise indicated, the objections were received upon ratification accession, acceptance, approval, formal confirmation or succession.) Israel 9 Septebmer 1998 With regard to declarations made by Lebanon upon accession: The Government of Israel refers in particular to the political declaration [see declaration “l” made under “Lebanon”] made by the Lebanese Republic on acceding to the [said] Convention. In the view of the Government of Israel, this Convention is not the proper place for making declarations of a political character. The Government of Israel will, in so far as concerns the substance of the matter adopt towards the Lebanese Republic an attitude of complete reciprocity. Moreover, in view of the Government of Israel, the Lebanese understanding of certain of the Convention's provisions [see declaration “1” made under “Lebanon”] is incompatible with and contradictory to the object and purpose of the Convention and in effect defeats that object and purpose.” SCHEDULE 2 “SCHEDULE 7H PART A INTERNATIONAL CONVENTION ON THE PREVENTION AND PUNISHMENT OF CRIMES AGAINST INTERNATIONALLY PROTECTED PERSONS INCLUDING DIPLOMATIC AGENTS Adopted at New York on the 14th day of December 1973 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 the promotion of friendly relations and co-operation among States, CONSIDERING that crimes against diplomatic agents and other internationally protected persons jeopardizing the safety of these persons create a serious threat to the maintenance of normal international relations which are necessary for co-operation among States, BELIEVING that the commission of such crimes is a matter of grave concern to the international community, CONVINCED that there is an urgent need to adopt appropriate and effective measures for the prevention and punishment of such crimes, HAVE AGREED as follows: Article 1 For the purposes of this Convention: 1. “Internationally protected person” means: (
  2. a)a head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompany him; (
  3. b)any representative or official of a State or any official or other agent of an international organization of an intergovernmental character who, at the time when and in the place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled pursuant to international law to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household; 2. “alleged offender” means a person as to whom there is sufficient evidence to determine prima facie that he has committed or participated in one or more of the crimes set forth in Article 2. Article 2 1. The international commission of: (
  4. a)a murder, kidnapping or other attack upon the person or liberty of an internationally protected person; (
  5. b)a violent attack upon the official premises, the private accommodation or the means of transport of an internationally protected person likely to endanger his person or liberty; (
  6. c)a threat to commit any such attack; (
  7. d)an attempt to commit any such attack; and (
  8. e)an act constituting participation as an accomplice in any such attack; shall be made by each State Party a crime under its internal law. 2. Each State Party shall make these crimes punishable by appropriate penalties which take into account their grave nature. 3. Paragraphs 1 and 2 of this article in no way derogate from the obligations of States Parties under international law to take all appropriate measures to prevent other attacks on the person, freedom or dignity of an internationally protected person. Article 3 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set forth in article 2 in the following cases: (
  9. a)when the crime is committed in the territory of that State or on board a ship or aircraft registered in that State; (
  10. b)when the alleged offender is a national of that State; (
  11. c)when the crime is committed against an internationally protected person as defined in Article 1 who enjoys his status as such by virtue of functions which he exercises on behalf of that State. 2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these crimes in cases where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 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. Article 4 States Parties shall co-operate in the prevention of the crimes set forth in Article 2 particularly by: (
  12. a)taking all practicable measures to prevent preparations in their respective territories for the commission of those crimes within or outside their territories; (
  13. b)exchanging information and coordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes. Article 5 1. The State Party in which any of the crimes set forth in Article 2 has been committed shall, if it has reason to believe that an alleged offender has fled from its territory, communicate to all other States concerned, directly or through the Secretary-General of the United Nations, all the pertinent facts regarding the crime committed and all available information regarding the identity of the alleged offender. 2. Whenever any of the crimes set forth in Article 2 has been committed against an internationally protected person, any State Party which has information concerning the victim and the circumstances of the crime shall endeavour to transmit it, under the conditions provided for in its internal law, fully and promptly to the State Party on whose behalf he was exercising his functions. Article 6 1. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take the appropriate measures under its internal law so as to ensure his presence for the purpose of prosecution or extradition. Such measures shall be notified without delay directly or through the Secretary-General of the United Nations to: (
  14. a)the State where the crime was committed; (
  15. b)the State or States of which the alleged offender is a national or, if he is a stateless person, in whose territory he permanently resides; (
  16. c)the State or States of which the internationally protected person concerned is a national or on whose behalf he was exercising his functions; (
  17. d)all other States concerned; and (
  18. e)the international organization of which the internationally protected person concerned is an official or an agent. 2. Any person regarding whom the measures referred to in paragraph 1 of this Article are being taken shall be entitled: (
  19. 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 protect his rights or, if he is a stateless person, which he requests and which is willing to protect his rights; and (
  20. b)to be visited by a representative of that State. Article 7 The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Article 8 1. To the extent that the crimes set forth in Article 2 are not listed as extraditable offences in any extradition treaty existing between States Parties, they shall be deemed to be included as such therein. States Parties undertake to include those crimes as extraditable offences in every future 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, it may, if it decides to extradite, consider this Convention as the legal basis for extradition in respect of those crimes. Extradition shall be subject to the procedural provisions and the other conditions of the law of the requested State. 3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize those crimes as extraditable offences between themselves subject to the procedural provisions and the other conditions of the law of the requested State. 4. Each of the crimes shall be treated, for the purpose of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of Article 3. Article 9 Any person regarding whom proceedings are being carried out in connexion with any of the crimes set forth in Article 2 shall be guaranteed fair treatment at all stages of the proceedings. Article 10 1. States Parties shall afford one another the greatest measure of assistance in connexion with criminal proceedings brought in respect of the crimes set forth in Article 2, including the supply of all evidence at their disposal necessary for the proceedings. 2. The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty. Article 11 The State Party where an alleged offender is prosecuted shall 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 12 The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this Convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those Treaties. Article 13 1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation 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 or 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 Party may at the time of signature or ratification of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party which has made such a reservation. 3. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations. Article 14 This Convention shall be opened for signature by all States, until 31 December 1974, at United Nations Headquarters in New York. Article 15 This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. Article 16 This Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations. Article 17 1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations. 2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession. Article 18 1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. 2. Denunciation shall take effect six months following the date on which notification is received by the Secretary-General of the United Nations. Article 19 The Secretary-General of the United Nations shall inform all States, inter alia: (
  21. a)of signatures to this Convention, of the deposit of instruments of ratification or accession in accordance with Articles 14, 15 and 16 and of notifications made under Article 18; (
  22. b)of the date on which this Convention will enter into force in accordance with Article 17. Article 20 The original of this Convention, of which the 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. IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 14 December 1973. PART B Declarations and Reservations (Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession. For objections thereto see hereinafter.) Algeria Reservation: The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. The Government of the People's Democratic Republic of Algeria states that in each individual case, a dispute may be submitted to arbitration or referred to the International Court of Justice only with the consent of all parties to the dispute. Andorra Declaration: In view of article 1, paragraph 1 (
  23. a)of this Convention, the Principality of Andorra declares that, in accordance with article 43 of the Constitution of Andorra, and the tradition dating from the Pareatges of 1278, the Heads of State of Andorra are jointly and indivisbly the Coprinceps. These Coprinceps, in their personal and exclusive right, are the Bishop of Urgell and the President of the French Republic. Argentina In accordance with article 13, paragraph 2, of the Convention, the Argentine Republic declares that it does not consider itself bound by the provisions of article 13, paragraph 1 of the Convention. Belarus Reservation made upon signature and confirmed upon ratification: The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, under which any dispute between two or more States Parties concerning the interpretation or application of the Convention shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that, in each individual case, the consent of all parties to such a dispute is necessary for submission of the dispute to arbitration or to the International Court of Justice. Brazil Reservation: With the reservation provided for in paragraph 2 of article 13. Burundi In respect of cases where the alleged offenders belong to a national liberation movement recognized by Burundi or by an international organization of which Burundi is a member and their actions are part of their struggle for liberation, the Government of the Republic of Burundi reserves the right not to apply to them the provisions of article 2, paragraph 2 and article 6, paragraph 1. China [The People's Republic of China] declares that, in accordance with paragraph 2 of article 13 of the Convention, the People's Republic of China has reservations on paragraph 1 of article 13 of the Convention and does not consider itself bound by the provisions of the said paragraph. Colombia Reservations: ... 3. Colombia enters a reservation to those provisions of the Convention, which are contrary to the guiding principles of the Colombian Penal Code and to article 29 of the Political Constitution of Colombia, the fourth paragraph of which states that: Everyone shall be presumed innocent until proven guilty according to law. Anyone who is charged with an offence shall be entitled to defence and the assistance of counsel of his own choosing, or one appointed by the court, during the investigation and trial; to be tried properly, in public without undue delay; to present evidence and to refute evidence brought against him; to contest the sentence; and not to be tried twice for the same act. Consequently, the expression “Alleged offender” shall be taken to mean “the accused”. Cuba Declaration: In accordance with article 13, paragraph 2 of the Convention, the Republic of Cuba declares that it does not consider itself bound by the provisions of article 13, paragraph 1 of the Convention. Democratic People's Republic of Korea Reservation: The Government of the Democratic People's Republic of Korea does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, recognizing that any dispute between two or more States Parties concerning the interpretation or application of the Convention should not, without consent of both parties, be submitted to international arbitration and to the International Court of Justice. Democratic Republic of the Congo The Republic of Zaire does not consider itself bound by the provisions of article 13 paragraph 1, of the Convention, under which any dispute between two or more Contracting Parties concerning the interpretation or application of the Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration or referred to the International Court of Justice. In the light of its policy based on respect for the sovereignty of States, the Republic of Zaire is opposed to any form of compulsory arbitration and hopes that such disputes may be submitted to arbitration or referred to the International Court of Justice not at the request of one of the parties but with the consent of all the interested parties. Ecuador Upon signature: Ecuador wishes to avail itself of the provisions of article 13, paragraph 2, of the Convention, declaring that it does not consider itself bound to refer disputes concerning the application of the Convention to the International Court of Justice. El Salvador The State of El Salvador does not consider itself bound by paragraph 1 of article 13 of the Convention. Ethiopia Reservation pursuant to article 13
(2): The Government of the Federal Democratic Republic of Ethiopia does not consider itself bound by the aforementioned provision of the Convention, under which any dispute between two or more States Parties concerning the interpretation or application of the Convention shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that disputes concerning the interpretation or application of the Convention would be submitted to arbitration or to the Court only with the prior consent of all the parties concerned. Finland Reservation made upon signature and confirmed upon ratification: Finland reserves the right to apply the provision of article 8, paragraph 3, in such a way that extradition shall be restricted to offences which, under Finnish Law, are punishable by a penalty more severe than imprisonment for one year and, provided also that other conditions in the Finnish Legislation for extradition are fulfilled. Declaration made upon signature: Finland also reserves the right to make such other reservations as it may deem appropriate if and when ratifying this Convention. France Declarations: France understands that only acts which may be defined as acts of terrorism constitute crimes within the meaning of article 2 of the Convention. The application of the Convention shall be without prejudice to the Convention adopted at New York on 9 December 1994 on the Safety of United Nations and Associated Personnel. Germany Upon signature: The Federal Republic of Germany reserves the right, upon ratifying this Convention, to state its views on the explanations of vote and declarations made by other States upon signing or ratifying or acceding to that Convention and to make reservations regarding certain provisions of the said Convention. Ghana (i) Paragraph 1 of article 13 of the Convention provides that disputes may be submitted to arbitration, failing which any of the parties to the dispute may refer it to the International Court of Justice by request. Since Ghana is opposed to any form of compulsory arbitration, she wishes to exercise her option under article 13
(2)to make a reservation on article 13
(1). It is noted that such a reservation can be withdrawn later under article 13
(3).” India The Government of the Republic of India does not consider itself bound by paragraph 1 of article 13 which establishes compulsory arbitration or adjudication by the International Court of Justice concerning disputes between two or more States Parties relating to the interpretation or application of this Convention. Iraq
(1)The resolution of the United Nations General Assembly with which the abovementioned Convention is enclosed shall be considered to be an integral part of the abovementioned Convention.
(2)Sub-paragraph (b) of paragraph
(1)of article 1 of the Convention shall cover the representatives of the national liberation movements recognized by the League of Arab States or the Organization of African Unity.
(3)The Republic of Iraq shall not bind itself by paragraph
(1)of article 13 of the Convention.
(4)The accession of the Government of the Republic of Iraq to the Convention shall in no way constitute a recognition of Israel or a cause for the establishment of any relations of any kind therewith. Israel Declarations: The Government of the State of Israel declares that its accession to the Convention does not constitute acceptance by it as binding of the provisions of any other international instrument, or acceptance by it of any other international instrument as being an instrument related to the Convention. The Government of Israel reaffirms the contents of its communication of 11 May 1979 to the Secretary-General of the United Nations. Reservation: The State of Israel does not consider itself bound by paragraph 1 of article 13 of the Convention. Jamaica Jamaica avails itself of the provisions of article 13, para- graph 2, and declares that it does not consider itself bound by the provisions of paragraph 1 of this article under which any dispute between two or more States Parties concerning the interpretation or application of this Convention shall, at the request of one of them, be submitted to arbitration or referred to the International Court of Justice, and states that in each individual case, the con sent of all parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice. Jordan Reservation: The Government of the Hashemite Kingdom of Jordan declares that its accession [...] cannot give rise to relations with “Israel”. Kuwait Declaration: [The Government of Kuwait] wishes to reiterate Kuwait's complete reservation on paragraph 1 of article 13 in the Convention, for its accession to it does not mean in any way a recognition of Israel by the Government of the State of Kuwait and does not engage them into any treaty relations as a result. Lao People's Democratic Republic Reservation: In accordance with paragraph 2, Article 13 of the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, the Lao People's Democratic Republic does not consider itself bound by paragraph 1, article 13 of the present Convention. The Lao People's Democratic Republic declares that to refer to a dispute relating to interpretation and application of the present Convention to arbitration or International Court of Justice, the agreement of all parties concerned in the dispute is necessary. Liechtenstein Interpretative declaration: The Principality of Liechtenstein construes articles 4 and 5, paragraph 1 of the Convention, to mean that the Principality of Liechtenstein undertakes to fulfil the obligations contained therein under the conditions laid down in its domestic legislation. Lithuania Reservation: Whereas it is provided in paragraph 2 of Article 13 of the said Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania does not consider itself bound by paragraph 1 of Article 13 of the said Convention, providing that any dispute concerning the interpretation or application of this Convention shall be referred to the International Court of Justice. Malawi The Government of the Republic of Malawi [declares], in accordance with the provisions of paragraph 2 of article 13, that it does not consider itself bound by the provisions of paragraph 1 of article 13 of the Convention. Malaysia Declarations: 1. The Government of Malaysia understands the phrase “alleged offender” in Article 1(2 of the Convention to mean the accused. 2. The Government of Malaysia understands the phrase “or other attack” in Article 2
(1)(
  1. a)of the Convention to mean acts that are recognized as offences under its domestic laws. 3. The Government of Malaysia understands Article 7 of the Convention to include the right of the competent authorities to decide not to submit any particular case for prosecution before the judicial authorities if the alleged offender is dealt with under national security and preventive detention laws. 4. (
  2. a)Pursuant to Article 13
(2)of the Convention, the Government of Malaysia declares that it does not consider itself bound by Article 13
(1)of the Convention; and (b) the Government of Malaysia reserves the right specifically to agree in a particular case to follow the arbitration procedure set forth in Article 13
(1)of the Convention or any other procedure for arbitration. Mauritius Reservation: In accordance with Article 13, paragraph 2, of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, the Republic of Mauritius hereby declares that it does not consider itself bound by the provisions of Article 13, paragraph 1, of the Convention, and states that it considers that a dispute may be submitted or referred to the International Court of Justice only with the consent of all parties to the dispute. Declaration: The Republic of Mauritius rejects the extension of the Convention by the Government of the United Kingdom and Northern Ireland to the Chagos Archipelago (so-called British Indian Ocean Territory) and reaffirms its sovereignty over the Chagos Archipelago which forms part of its national territory. Mongolia Declaration made upon signature and renewed upon ratification: The Mongolian People's Republic does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, under which any dispute between two or more States Parties of the Convention shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that, in each individual case the consent of all parties to such a dispute is necessary for submission of the dispute to arbitration or to the International Court of Justice. Mozambique Declaration in accordance with its article 13, paragraph 2: The Republic of Mozambique does not consider itself bound by the provisions of article 13, paragraph 1 of the Convention. In this connection, the Republic of Mozambique states that, in each individual case, the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to [the] International Court of Justice.” Furthermore, the Republic of Mozambique declares that: The Republic of Mozambique, in accordance with its Constitution and domestic laws, can not extradite Mozambique citizens. Therefore, Mozambique citizens will be tried and sentenced in national courts. Myanmar Reservation: The Government of Myanmar does not consider itself bound by the article 13
(1)of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents adopted on 14 December 1973. Netherlands Declaration: In view of the Government of the Kingdom of the Netherlands article 12 of the Convention, and in particular the second sentence of that Article, in no way affects the applicability of article 33 of the Convention of 28 July 1951 relating to the Status of Refugees. Reservation: In cases where the judicial authorities of either the Netherlands, the Netherlands Antilles or Aruba cannot exercise jurisdiction pursuant to one of the principles mentioned in article 3, para. 1, the Kingdom accepts the aforesaid obligation [laid down in article 7] subject to the condition that it has received and rejected a request for extradition from another State party to the Convention. New Zealand Reservation: The Government of New Zealand reserves the right not to apply the provisions of the Convention to Tokelau pending the enactment of the necessary implementing legislation in Tokelau law. Pakistan Pakistan shall not be bound by paragraph 1 of article 13 of the Convention. Peru With reservation as to article 13
(1). Portugal Reservation: Portugal does not extradite anyone for crimes which carry the death penalty or life imprisonment under the law of the requesting State nor does it extradite anyone for violations which carry security measure for life. Romania Reservation made upon signature and confirmed upon ratification: The Socialist Republic of Romania declares that it does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, under which any dispute between two or more Contracting Parties concerning the interpretation or application of the Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration or referred to the International Court of Justice. The Socialist Republic of Romania considers that such disputes may be submitted to arbitration or referred to the International Court of Justice only with the consent of all parties to the dispute in each individual case. Russian Federation Reservation made upon signature and confirmed upon ratification: The Union of Soviet Socialist Republics does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, under which any dispute between two or more States Parties concerning the interpretation or application of the Convention shall at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that, in each individual case, the consent of all parties to such a dispute is necessary for submission of the dispute to arbitration or to the International Court of Justice. Saint Vincent and the Grenadines Declaration: Saint Vincent and the Grenadines avails itself of the provisions of article 13, paragraph 2 of the aforesaid Convention and declares that it does not consider itself bound by the provisions of paragraph 1 of that article under which any dispute between two or more States Parties concerning the interpretation or application of this Convention shall, at the request of one of them, be submitted to arbitration or referred to the International Court of Justice, and states that in each individual case, the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice. Saudi Arabia Reservation: [T]he Kingdom of Saudi Arabia does not consider itself obligated to observe paragraph 1 of Article 13 which deals with resolving any dispute arising from interpretation or implementation of the Convention . Switzerland Declaration: The Swiss Federal Council interprets article 4 and article 5, paragraph 1, of the Convention to mean that Switzerland undertakes to fulfil the obligations contained therein in the conditions specified by its domestic legislation. Syrian Arab Republic Declaration:
  1. The Syrian Arab Republic does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, concerning arbitration and the results thereof.
  2. Accession of the Syrian Arab Republic to this Convention in no way implies recognition of Israel or entry into any relations with Israel concerning any question regulated by this Convention. Trinidad and Tobago The Republic of Trinidad and Tobago avails itself of the provisions of article 13 paragraph 2, and declares that it does not consider itself bound by the provisions of paragraph 1 of that article under which any dispute between two or more States Parties concerning the interpretation or application of this Convention shall, at the request of one of them, be submitted to arbitration or referred to the International Court of Justice, and states that in each individual case, the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice. Tunisia Reservation made upon signature and confirmed upon ratification: No dispute may be brought before the International Court of Justice unless by agreement between all parties to the dispute. Ukraine Reservation made upon signature and confirmed upon ratification: The Ukrainian Soviet Socialist Republic does not consider it self bound by the provisions of article 13, paragraph 1, of the Convention, under which any dispute between two or more States Parties concerning the interpretation or application of the Convention shall at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that, in each individual case, the consent of all parties to such a dispute is necessary for submission of the dispute to arbitration or to the International Court of Justice. Venezuela (Bolivarian Republic of) Reservation: The Bolivarian Republic of Venezuela, in accordance with the provision of article 13 (2 of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents formulates a reservation with respect to the provision established under paragraph 1 of the said article. Consequently, it does not consider itself obligated to refer to arbitration as a means of settlement of disputes, nor does it recognize the compulsory jurisdiction of the International Court of Justice. Viet Nam Reservation: Acceding to this Convention, the Socialist Republic of Viet Nam makes its reservation to paragraph 1 of article 13 of the Convention. Yemen Reservation: In acceding to this Convention, the People's Democratic Republic of Yemen does not consider itself bound by article 13, paragraph 1, of the Convention, which states that disputes between States parties concerning the interpretation or application of this Convention may, at the request of anyone of the parties to the dispute, be referred to the International Court of Justice. It declares that the competence of the International Court of Justice with respect to disputes concerning the interpretation or application of the Convention shall in each case be subject to the express consent of all parties to the dispute. Declaration The People's Democratic Republic of Yemen declares that its accession to this Convention shall in no way signify recognition of Israel or serve as grounds for the establishment of relations of any sort with Israel. Objections (Unless otherwise indicated, the objections were made upon ratification, accession or succession.) Germany 30 November 1979 The statement by the Republic of Iraq on sub-paragraph (b) of paragraph
(1)of article 1 of the Convention does not have any legal effects for the Federal Republic of Germany. 25 March 1981 The Government of the Federal Republic of Germany considers the reservation made by the Government of Burundi concerning article 2, paragraph 2, and article 6, paragraph 1 of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, to be incompatible with the object and purpose of the Convention. 3 November 2004 With regard to the declaration made by Malaysia upon accession: “The Government of the Federal Republic of Germany has examined the declaration relating to the Convention on the Prevention and Punishment of Crimes against internationally protected Persons, including Diplomatic Agents made by the Government of Malaysia at the time of its accession to the Convention. The Government of the Federal Republic of Germany considers that in making the interpretation and application of Article 7 of the Convention subject to the national legislation of Malaysia, the Government of Malaysia introduces a general and indefinite reservation that makes it impossible to clearly identify in which way the Government of Malaysia intends to change the obligations arising from the Convention. Therefore the Government of the Federal Republic of Germany hereby objects to this declaration which is considered to be a reservation that is incompatible with the object and purpose of the Convention. This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and Malaysia. Israel The Government of the State of Israel does not regard as valid the reservation made by Iraq in respect of paragraph
(1)(
  1. b)of article 1 of the said Convention. 28 June 1982 The Government of the State of Israel regards the reservation entered by the Government of Burundi as incompatible with the object and purpose of the Convention and is unable to consider Burundi as having validly acceded to the Convention until such time as the reservation is withdrawn. In the view of the Government of Israel, the purpose of this Convention was to secure the world-wide repression of crimes against internationally protected persons, including diplomatic agents, and to deny the perpetrators of such crimes a safe haven. Italy (
  2. a)The Italian Government does not consider as valid the reservation made by Iraq on 28 February 1978 with regard to article 1, paragraph 1(b), of the said Convention; (
  3. b)With regard to the reservation expressed by Burundi on 17 December 1980, [the Italian Government considers that] the purpose of the Convention is to ensure the punishment, world-wide, of crimes against internationally protected persons, including diplomatic agents, and to deny a safe haven to the perpetrators of such crimes. Considering therefore that the reservation expressed by the Government of Burundi is incompatible with the aim and purpose of the Convention, the Italian Government can not consider Burundi's accession to the Convention as valid as long as it does not withdraw that reservation. Netherlands 2 November 2004 With regard to the declaration made by Malaysia upon accession: The Government of the Kingdom of the Netherlands has examined the declaration relating to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents made by the Government of Malaysia at the time of its accession to the Convention. The Government of the Kingdom of the Netherlands considers that in making the interpretation and application of Article 7 of the Convention subject to the national legislation of Malaysia, the Government of Malaysia is formulating a general and indefinite reservation that makes it impossible to identify the changes to the obligations arising from the Convention that it is intended to introduce. The Government of the Kingdom of the Netherlands therefore considers that a reservation formulated in this way is likely to contribute to undermining the basis of international treaty law. For these reasons, the Government of the Kingdom of the Netherlands hereby objects to this declaration which it considers to be a reservation that is incompatible with the object and purpose of the Convention. This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Malaysia. United Kingdom of Great Britain and Northern Ireland The Government of the United Kingdom of Great Britain and Northern Ireland do not regard as valid the reservation made by Iraq in respect of paragraph
(1)(
  1. b)of article 1 of the said Convention. 15 January 1982 The purpose of this Convention was to secure the world-wide repression of crimes against internationally protected persons, including diplomatic agents, and to deny the perpetrators of such crimes a safe haven. Accordingly the Government of the United Kingdom of Great Britain and Northern Ireland regard the reservation entered by the Government of Burundi as incompatible with the object and purpose of the Convention and are unable to consider Burundi as having validly acceded to the Convention until such time as the reservation is withdrawn.” SCHEDULE 3 “SCHEDULE 7I PART A INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF TERRORIST BOMBINGS Adopted by the General Assembly of the United Nations on the 15th day of December 1997 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 FURTHER 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 ALSO that terrorist attacks by means of explosives or other lethal devices have become increasingly widespread, NOTING FURTHER 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: 1. “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. 2. “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. 3. “Explosive or other lethal device” means: (
  2. a)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 (
  3. b)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. 4. “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. 5. “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. 6. “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 1. 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: (
  4. a)With the intent to cause death or serious bodily injury; or (
  5. b)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. 2. Any person also commits an offence if that person attempts to commit an offence as set forth in paragraph 1. 3. Any person also commits an offence if that person: (
  6. a)Participates as an accomplice in an offence as set forth in paragraph 1 or 2; or (
  7. b)Organizes or directs others to commit an offence as set forth in paragraph 1 or 2; or (
  8. c)In any other way contributes to the commission of one or more offences as set forth in paragraph 1 or 2 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 Article 6, 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: (
  9. a)To establish as criminal offences under its domestic law the offences set forth in Article 2 of this Convention; (
  10. b)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 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: (
  11. a)The offence is committed in the territory of that State; or (
  12. b)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 (
  13. c)The offence is committed by a national of that State. 2. A State Party may also establish its jurisdiction over any such offence when: (
  14. a)The offence is committed against a national of that State; or (
  15. b)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 (
  16. c)The offence is committed by a stateless person who has his or her habitual residence in the territory of that State; or (
  17. d)The offence is committed in an attempt to compel that State to do or abstain from doing any act; or (
  18. e)The offence is committed on board an aircraft which is operated by the Government of that State. 3. 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 in accordance with paragraph 2 under its domestic law. Should any change take place, the State Party concerned shall immediately notify the Secretary-General. 4. 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. 5. This Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law. Article 7 1. 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. 2. 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. 3. Any person regarding whom the measures referred to in paragraph 2 are being taken shall be entitled to: (
  19. a)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; (
  20. b)Be visited by a representative of that State; (
  21. c)Be informed of that person's rights under subparagraphs (
  22. a)and (b). 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 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. 5. The provisions of paragraphs 3 and 4 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. 6. When a State Party, pursuant to this 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 such person is in custody and of the circumstances which warrant that person's detention. The State which makes the investigation contemplated in paragraph 1 shall promptly inform the said States Parties of its findings and shall indicate whether it intends to exercise jurisdiction. Article 8 1. 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. 2. 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. Article 9 1. 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. 2. 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. 3. 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. 4. 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. 5. 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 1. 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. 2. States Parties shall carry out their obligations under paragraph 1 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 1. 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: (
  23. a)The person freely gives his or her informed consent; and (
  24. b)The competent authorities of both States agree, subject to such conditions as those States may deem appropriate. 2. For the purposes of this Article: (
  25. a)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; (
  26. b)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; (
  27. c)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; (
  28. d)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. 3. Unless the State Party from which a person is to be transferred in accordance with this 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: (
  29. a)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; (
  30. b)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; (
  31. c)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 1. 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. 2. 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 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 application, in conformity with the Statute of the Court. 2. 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. The other States Parties shall not be bound by paragraph 1 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 of the United Nations. Article 21 1. 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. 2. 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. 3. 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 1. 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. 2. 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 1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. 2. 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. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 12 January 1998. PART B Declarations and Reservations (Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval or accession.) Algeria Reservation: Reservation of Algeria The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 20, paragraph 1, of the International Convention for the Suppression of Terrorist Bombings. The Government of the People's Democratic Republic of Algeria declares that in order for a dispute to be submitted to arbitration or to the International Court of Justice, the agreement of all parties to the dispute shall be required in each case. Belgium Declaration: As for article 11 of the Convention, the Government of Belgium makes the following reservation: 1. In exceptional circumstances, the Government of Belgium reserves the right to refuse extradition or mutual legal assistance in respect of any offence set forth in article 2 which it considers to be a political offence or as an offence connected with a political offence or as an offence inspired by political motives. 2. In cases where the preceding paragraph is applicable, Belgium recalls that it is bound by the general legal principle aut dedere aut judicare, pursuant to the rules governing the competence of its courts. Bahrain Reservation: The Kingdom of Bahrain does not consider itself bound by Paragraph 1 of Article 20 of the Convention. Brazil Reservation: [T]he Federative Republic of Brazil declares, pursuant to article 20, paragraph 2, of the International Convention for the Suppression of Terrorist Bombings, adopted in New York on the 15th December 1997, that it does not consider itself bound by the provisions of article 20, paragraph 1, of the said Convention. Canada Declaration: Canada declares that it considers the application of article 2
(3)(c) of the Terrorist Bombing Convention to be limited to acts committed in furthering a conspiracy of two or more persons to commit a specific criminal offence contemplated in paragraph 1 or 2 of article 2 of that Convention. China Reservation: China accedes to the International Convention for the Suppression of Terrorist Bombing done at New York on 15 December 1997, and declares that it does not consider itself bound by paragraph 1 of Article 20 of the Convention. Colombia Declaration: By virtue of article 20, paragraph 2, of the Convention, Colombia declares that it does not consider itself bound by paragraph 1 of the said article. Furthermore, by virtue of article 6, paragraph 3, of the Convention, Colombia states that it establishes its jurisdiction in accordance with its domestic law in relation to paragraph 2 of the same article. Cuba Reservation and declaration: Reservation The Republic of Cuba declares, pursuant to article 20, paragraph 2, that it does not consider itself bound by paragraph 1 of the said article, concerning the settlement of disputes arising between States Parties, inasmuch as it considers that such disputes must be settled through amicable negotiation. In consequence, it declares that it does not recognize the compulsory jurisdiction of the International Court of Justice. Declaration The Republic of Cuba declares that none of the provisions contained in article 19 paragraph 2, shall constitute an encouragement or condonation of the threat or use of force in international relations, which must under all circumstances be governed strictly by the principles of international law and the purposes and principles enshrined in the Charter of the United Nations. Cuba also considers that relations between States must be based strictly on the provisions contained in resolution 2625 (XXV) of the United Nations General Assembly. In addition, the exercise of State terrorism has historically been a fundamental concern for Cuba, which considers that the complete eradication thereof through mutual respect friendship and cooperation between States, full respect for sovereignty and territorial integrity, self-determination and non-interference in internal affairs must constitute a priority of the international community. Cuba is therefore firmly of the opinion that the undue use of the armed forces of one State for the purpose of aggression against another cannot be condoned under the present Convention, whose purpose is precisely to combat, in accordance with the principles of the international law, one of the most noxious forms of crime faced by the modern world. To condone acts of aggression would amount, in fact, to condoning violations of international law and of the Charter and provoking conflicts with unforeseeable consequences that would undermine the necessary cohesion of the international community in the fight against the scourges that truly afflict it. The Republic of Cuba also interprets the provisions of the present Convention as applying with full rigour to activities carried out by armed forces of one State against another State in cases in which no armed conflict exists between the two. El Salvador Declaration in relation to article 20, paragraph 2: [T]he Republic of El Salvador declares that it does not consider itself bound by paragraph 1 of the said article because it does not recognize the compulsory jurisdiction of the International Court of Justice. Ethiopia Reservation pursuant to article 20
(2): The Government of the Federal Democratic Republic of Ethiopia does not consider itself bound by the aforementioned provision of the Convention, under which any dispute between two or more States Parties concerning the interpretation or application of the Convention shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that disputes concerning the interpretation or application of the Convention would be submitted to arbitration or to the Court only with the prior consent of all the parties concerned. Germany Upon signature and confirmed upon ratification: Declaration: The Federal Republic of Germany understands article 1 para. 4 of [the said Convention] in the sense that the term “military forces of a state” includes their national contingents operating as part of the United Nations forces. Furthermore, the Federal Republic of Germany also understands that, for the purposes of this Convention, the term “military forces of a state” also covers police forces. India Reservation: In accordance with Article 20
(2), the Government of the Republic of India hereby declares that it does not consider itself bound by the provisions of Article 20
(1)of the Convention. Kuwait Declaration of non-compliance to paragraph (a) of article
(20). Israel Declarations: The Government of the State of Israel understands Article 1, paragraph 4, of the Convention for the Suppression of Terrorist Bombings, in the sense that the term “military forces of a State” includes police and security forces operating pursuant to the internal law of the State of Israel. ... The Government of the State of Israel understands that the term “international humanitarian law” referred to in Article 19, of the Convention has the same substantive meaning as the term “the laws of war” (“jus in bello”). This body of laws does not include the provisions of the protocols additional to the Geneva Conventions of 1977 to which the State of Israel is not a Party. The Government of the State of Israel understands that under Article 1 paragraph 4 and Article 19 the Convention does not apply to civilians who direct or organize the official activities of military forces of a state. Pursuant to Article 20, paragraph 2 of the Convention, the State of Israel does not consider itself bound by the provisions of Article 20, paragraph 1 of the Convention. Lao People's Democratic Republic Reservation: In accordance with paragraph 2, Article 20 of the International Convention for the Suppression of Terrorist Bombings, the Lao People's Democratic Republic does not consider itself bound by paragraph 1, article 20 of the present Convention. The Lao People's Democratic Republic declares that to refer a dispute relating to interpretation and application of the present Convention to arbitration or International Court of Justice, the agreement of all parties concerned in the dispute is necessary. Malaysia Declarations: 1. The Government of Malaysia understands the phrase “Military forces of a State” in Article 1
(4)of the Convention to include the national contingents of Malaysia operating as part of United Nations forces. 2. ..... 3. The Government of Malaysia understands Article 8
(1)of the Convention to include the right of the competent authorities to decide not to submit any particular case for prosecution before the judicial authorities if the alleged offender is dealt with under national security and preventive detention laws. 4. (a) Pursuant to Article 20
(2)of the Convention, the Government of Malaysia declares that it does not consider itself bound by Article 20
(1)of the Convention; and (b) the Government of Malaysia reserves the right specifically to agree in a particular case to follow the arbitration procedure set forth in Article 20
(1)of the Convention or any other procedure for arbitration. Mozambique Declaration in accordance with its article 20, paragraph 2: The Republic of Mozambique does not consider itself bound by the provisions of article 20 paragraph 1 of the Convention. In this connection, the Republic of Mozambique states that, in each individual case, the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice. Furthermore, the Republic of Mozambique declare that: The Republic of Mozambique, in accordance with its Constitution and domestic laws may not and will not extradite Mozambique citizens. Therefore, Mozambique citizens will be tried and sentenced in national courts. Myanmar Reservation: The Government of the Union of Myanmar, having considered the Convention aforesaid hereby declares that it accedes to the same with reservation on Article 20
(1)and does not consider itself bound by the provision set forth in the said Article. Netherlands Declaration: The Kingdom of the Netherlands understands Article 8, paragraph 1, of the International Convention for the Suppression of Terrorist Bombings to include the right of the competent judicial authorities to decide not to prosecute a person alleged to have committed such an offence, if, in the opinion of the competent judicial authorities grave considerations of procedural law indicate that effective prosecution will be impossible. Pakistan Declaration: The Government of the Islamic Republic of Pakistan declares that nothing in this Convention shall be appl

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