Convenzione
per la soppressione degli atti illeciti contro la sicurezza
della navigazione marittima, firmata a Roma il 10 marzo 1988.
Convention
for the Supression of Unlawful Acts Against the Safety of Maritime
Navigation
Signed at Rome, 10 March 1988
THE STATES PARTIES to this Convention,
HAVING IN MIND the purposes and principles of the
Charter of the United Nations concerning the maintenance of
international peace and security and the promotion of friendly
relations and co-operation among States,
RECOGNIZING in particular that everyone has the right
to life, liberty and security of person, as set out in the Universal
Declaration of Human Rights and the International Covenant on Civil and
Political Rights,
DEEPLY CONCERNED about the world-wide escalation of
acts of terrorism in all its forms, which endanger or take innocent
human lives, jeopardize fundamental freedoms and seriously impair the
dignity of human beings,
CONSIDERING that unlawful acts against the safety of
maritime navigation jeopardize the safety of persons and property,
seriously affect the operation of maritime services, and undermine the
confidence of the peoples of the world in the safety of maritime
navigation,
CONSIDERING that the occurrence of such acts is a
matter of grave concern to the international community as a whole,
BEING CONVINCED of the urgent need to develop
international co-operation between States in devising and adopting
effective and practical measures for the prevention of all unlawful
acts against the safety of maritime navigation, and the prosecution and
punishment of their perpetrators,
RECALLING resolution 40/61 of the General Assembly of
the United Nations of 9 December 1985 which, inter alia, "urges all
States unilaterally and in co-operation with other States, as well as
relevant United Nations organs, to contribute to the progressive
elimination of causes underlying international terrorism and to pay
special attention to all situations, including colonialism, racism and
situations involving mass and flagrant violations of human rights and
fundamental freedoms and those involving alien occupation, that may
give rise to international terrorism and may endanger international
peace and security",
RECALLING FURTHER that resolution 40/61 "unequivocally
condemns, as criminal) all acts, methods and practices of terrorism
wherever and by whomever committed, including those which jeopardize
friendly relations among States and their security",
RECALLING ALSO that by resolution 40/61, the
International Maritime Organization was invited to "study the problem
of terrorism aboard or against ships with a view to making
recommendations on appropriate measures",
HAVING IN MIND resolution A.584(14) of 20 November
1985, of the Assembly of the International Maritime Organization, which
called for development of measures to prevent unlawful acts which
threaten the safety of ships and the security of their passengers and
crews,
NOTING that acts of the crew which are subject to
normal shipboard discipline are outside the purview of this Convention,
AFFIRMING the desirability of monitoring rules and
standards relating to the prevention and control of unlawful acts
against ships and persons on board ships, with a view to updating them
as necessary, and, to this effect, taking note with satisfaction of the
Measures to Prevent Unlawful Acts against Passengers and Crews on Board
Ships, recommended by the Maritime Safety Committee of the
International Maritime Organization,
AFFIRMING FURTHER that matters not regulated by this
Convention continue to be governed by the rules and principles of
general international law,
RECOGNIZING the need for all States, in combating
unlawful acts against the safety of maritime navigation, strictly to
comply with rules and principles of general international law,
HAVE AGREED as follows:
ARTICLE 1
For the purposes of this Convention, "ship" means a
vessel of any type whatsoever not permanently attached to the sea-bed,
including dynamically supported craft, submersibles, or any other
floating craft.
ARTICLE 2
- This Convention does not apply to:
- a warship; or
- a ship owned or operated by a State when being
used as a naval auxiliary or for customs or police purposes; or
- a ship which has been withdrawn from navigation
or laid up.
- Nothing in this Convention affects the immunities
of warships and other government ships operated for non-commercial
purposes.
ARTICLE 3
- Any person commits an offence if that person
unlawfully and intentionally:
- seizes or exercises control over a ship by
force or threat thereof or any other form of intimidation; or
- performs an act of violence against a person on
board a ship if that act is likely to endanger the safe navigation of
that ship; or
- destroys a ship or causes damage to a ship or
to its cargo which is likely to endanger the safe navigation of that
ship; or
- places or causes to be placed on a ship, by any
means whatsoever, a device or substance which is likely to destroy that
ship, or cause damage to that ship or its cargo which endangers or is
likely to endanger the safe navigation of that ship; or
- destroys or seriously damages maritime
navigational facilities or seriously interferes with their operation,
if any such act is likely to endanger the safe navigation of a ship; or
- communicates information which he knows to be
false, thereby endangering the safe navigation of a ship; or
- injures or kills any person, in connection with
the commission or the attempted commission of any of the offences set
forth in subparagraphs (a) to (f).
- Any person also commits an offence if that person:
- attempts to commit any of the offences set
forth in paragraph 1; or
- abets the commission of any of the offences set
forth in paragraph 1 perpetrated by any person or is otherwise an
accomplice of a person who commits such an offence; or
- threatens, with or without a condition, as is
provided for under national law, aimed at compelling a physical or
juridical person to do or refrain from doing any act, to commit any of
the of fences set forth in paragraph 1, subparagraphs (b), (c) and (e),
if that threat is likely to endanger the safe navigation of the ship in
question.
ARTICLE 4
- This Convention applies if the ship is navigating
of is scheduled to navigate into, through or from waters beyond the
outer limit of the territorial sea of a single State, or the lateral
limits of its territorial sea with adjacent States.
- In cases where the Convention does not apply
pursuant to paragraph 1, it nevertheless applies when the offender or
the alleged offender is found in the territory of a State Party other
than the State referred to in paragraph 1.
ARTICLE 5
Each State Party shall make the offences set forth in
article 3 punishable by appropriate penalties which take into account
the grave nature of those offences.
ARTICLE 6
- Each State Party shall take such measures as may be
necessary to establish its jurisdiction over the offences set forth in
article 3 when the offence is committed:
- against or on board a ship flying the flag of
the State at the time the offence is committed; or
- in the territory of that State, including its
territorial sea; or
- by a national of that State.
- A State Party may also establish its jurisdiction
over any such offence when:
- it is committed by a stateless person whose
habitual residence is in that State; or
- during its commission a national of that State
is seized, threatened, injured or killed; or
- it is committed in an attempt to compel that
State to do or abstain from doing any act.
- Any State Party which has established jurisdiction
mentioned in paragraph 2 shall notify the Secretary-General of the
International Maritime Organization (hereinafter referred to as "the
Secretary-General"). If such State Party subsequently rescinds that
jurisdiction, it shall notify the Secretary-General.
- Each State Party shall take such measures as may be
necessary to establish its jurisdiction over the offences set forth in
article 3 in cases where the alleged offender is present in its
territory and it does not extradite him to any of the States Parties
which have established their jurisdiction in accordance with paragraphs
1 and 2 of this article.
- This Convention does not exclude any criminal
jurisdiction exercised in accordance with national law.
ARTICLE 7
- Upon being satisfied that the circumstances so
warrant, any State Party in the territory of which the offender or the
alleged offender is present shall, in accordance with its law, take him
into custody or take other measures to ensure his presence for such
time as is necessary to enable any criminal or extradition proceedings
to be instituted.
- Such State shall immediately make a preliminary
inquiry into the facts, in accordance with its own legislation.
- Any person regarding whom the measures referred to
in paragraph 1 are being taken shall be entitled 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;
- be visited by a representative of that State.
- The rights referred to in paragraph 3 shall be
exercised in conformity with the laws and regulations of the State in
the territory of which the offender or the alleged offender is present,
subject to the proviso that the said laws and regulations must enable
full effect to be given to the purposes for which the rights accorded
under paragraph 3 are intended.
- When a State Party, pursuant to this article, has
taken a person into custody, it shall immediately notify the States
which have established jurisdiction in accordance with article 6,
paragraph 1 and, if it considers it advisable, any other interested
States, of the fact that such person is in custody and of the
circumstances which warrant his detention. The State which makes the
preliminary inquiry contemplated in paragraph 2 of this article shall
promptly report its findings to the said States and shall indicate
whether it intends to exercise jurisdiction.
ARTICLE 8
- The master of a ship of a State Party (the "flag
State") may deliver to the authorities of any other State Party (the
"receiving State") any person who he has reasonable grounds to believe
has committed one of the offences set forth in article 3.
- The flag State shall ensure that the master of its
ship is obliged, whenever practicable, and if possible before entering
the territorial sea of the receiving State carrying on board any person
whom the master intends to deliver in accordance with paragraph 1, to
give notification to the authorities of the receiving State of his
intention to deliver such person and the reasons therefor.
- The receiving State shall accept the delivery,
except where it has grounds to consider that the Convention is not
applicable to the acts giving rise to the delivery, and shall proceed
in accordance with the provisions of article 1. Any refusal to accept a
delivery shall be accompanied by a statement of the reasons for
refusal.
- The flag State shall ensure that the master of its
ship is obliged to furnish the authorities of the receiving State with
the evidence in the master's possession which pertains to the alleged
offence.
- A receiving State which has accepted the delivery
of a person in accordance with paragraph 3 may, in turn, request the
flag State to accept delivery of that person. The flag State shall
consider any such request, and if it accedes to the request it shall
proceed in accordance with article 7. If the flag State declines a
request, it shall furnish the receiving State with a statement of the
reasons therefor.
ARTICLE 9
Nothing in this Convention shall affect in any way the
rules of international law pertaining to the competence of States to
exercise investigative or enforcement jurisdiction on board ships not
flying their flag.
ARTICLE 10
- The State Party in the territory of which the
offender or the alleged offender is found shall, in cases to which
article 6 applies, if it does not extradite him, be obliged, without
exception whatsoever and whether or not the offence was committed in
its territory, to submit the case without delay to its competent
authorities for the purpose of prosecution, through proceedings in
accordance with the laws of that State. Those authorities shall take
their decision in the same manner as in the case of any other offence
of a grave nature under the law of that State.
- Any person regarding whom proceedings are being
carried out in connection with any of the offences set forth in article
3 shall be guaranteed fair treatment at all stages of the proceedings,
including enjoyment of all the rights and guarantees provided for such
proceedings by the law of the State in the territory of which he is
present.
ARTICLE 11
- The offences set forth in article 3 shall be deemed
to be included as extraditable offences in any extradition treaty
existing between any of the States Parties. States Parties undertake to
include such offences as extraditable offences in every extradition
treaty to be concluded between them.
- If a State Party which makes extradition
conditional on the existence of a treaty receives a request for
extradition from another State Party with which it has no extradition
treaty, the requested State Party may, at its option, consider this
Convention as a legal basis for extradition in respect of the offences
set forth in article 3. Extradition shall be subject to the other
conditions provided by the law of the requested State Party.
- States Parties which do not make extradition
conditional on the existence of a treaty shall recognize the offences
set forth in article 3 as extraditable offences between themselves,
subject to the conditions provided by the law of the requested State.
- If necessary, the offences set forth in article 3
shall be treated, for the purposes of extradition between States
Parties, as if they had been committed not only in the place in which
they occurred but also in a place within the jurisdiction of the State
Party requesting extradition.
- A State Party which receives more than one request
for extradition from States which have established jurisdiction in
accordance with article 7 and which decides not to prosecute shall, in
selecting the State to which the offender or alleged offender is to be
extradited, pay due regard to the interests and responsibilities of the
State Party whose flag the ship was flying at the time of the
commission of the offence.
- In considering a request for the extradition of an
alleged offender pursuant to this Convention, the requested State shall
pay due regard to whether his rights as set forth in article 7,
paragraph 3, can be effected in the requesting State.
- With respect to the offences as defined in this
Convention, the provisions of all extradition treaties and arrangements
applicable between States Parties are modified as between States
Parties to the extent that they are incompatible with this Convention.
ARTICLE 12
- State Parties shall afford one another the greatest
measure of assistance in connection with criminal proceedings brought
in respect of the offences set forth in article 3, including assistance
in obtaining evidence at their disposal necessary for the proceedings.
- States Parties shall carry out their obligations
under paragraph 1 in conformity with any treaties on mutual assistance
that may exist between them. In the absence of such treaties, States
Parties shall afford each other assistance in accordance with their
national law.
ARTICLE 13
- States Parties shall co-operate in the prevention
of the offences set forth in article 3, particularly by:
- taking all practicable measures to prevent
preparations in their respective territories for the commission of
those offences within or outside their territories;
- exchanging information in accordance with their
national law, and co-ordinating administrative and other measures taken
as appropriate to prevent the commission of offences set forth in
article 3.
- When, due to the commission of an offence set forth
in article 3, the passage of a ship has been delayed or interrupted,
any State Party in whose territory the ship or passengers or crew are
present shall be bound to exercise all possible efforts to avoid a
ship, its passengers, crew or cargo being unduly detained or delayed.
ARTICLE 14
Any State Party having reason to believe that an
offence set forth in article 3 will be committed shall, in accordance
with its national law, furnish as promptly as possible any relevant
information in its possession to those States which it believes would
be the States having established jurisdiction in accordance with
article 6.
ARTICLE 15
- Each State Party shall, in accordance with its
national law) provide to the Secretary-General, as promptly as
possible, any relevant information in its possession concerning:
- the circumstances of the offence;
- the action taken pursuant to article 13,
paragraph 2;
- the measures taken in relation to the offender
or the alleged offender and, in particular, the results of any
extradition proceedings or other legal proceedings.
- The State Party where the alleged offender is
prosecuted shall, in accordance with its national law, communicate the
final outcome of the proceedings to the Secretary-General.
- The information transmitted in accordance with
paragraphs 1 and 2 shall be communicated by the Secretary-General to
all States Parties, to Members of the International Maritime
Organization (hereinafter referred to as "the Organization"), to the
other States concerned, and to the appropriate international
intergovernmental organizations.
ARTICLE 16
- Any dispute between two or more States Parties
concerning the interpretation or application of this Convention which
cannot be settled through negotiation within a reasonable time shall,
at the request of one of them, be submitted to arbitration. If, within
six months from the date of the request for arbitration, the parties
are unable to agree on the organization of the arbitration any one of
those parties may refer the dispute to the International Court of
Justice by request in conformity with the Statute of the Court.
- Each State may at the time of signature or
ratification, acceptance or approval of this Convention or accession
thereto, declare that it does not consider itself bound by any or all
of the provisions of paragraph 1. The other States Parties shall not be
bound by those provisions with respect to any State Party which has
made such a reservation.
- Any State which has made a reservation in
accordance with paragraph 2 may, at any time, withdraw that reservation
by notification to the Secretary-General.
ARTICLE 17
- This Convention shall be open for signature at Rome
on 10 March 1988 by States participating in the International
Conference on the Suppression of Unlawful Acts against the Safety of
Maritime Navigation and at the Headquarters of the Organization by all
States from 14 March 1988 to 9 March 1989. It shall thereafter remain
open for accession.
- States may express their consent to be bound by
this Convention by:
- signature without reservation as to
ratification, acceptance or approval; or
- signature subject to ratification, acceptance
or approval, followed by ratification, acceptance or approval; or
- accession.
- Ratification, acceptance, approval or accession
shall be effected by the deposit of an instrument to that effect with
the Secretary-General.
ARTICLE 18
- This Convention shall enter into force ninety days
following the date on which fifteen States have either signed it
without reservation as to ratification, acceptance or approval, or have
deposited an instrument of ratification, acceptance, approval or
accession in respect thereof.
- For a State which deposits an instrument of
ratification, acceptance, approval or accession in respect of this
Convention after the conditions for entry into force thereof have been
met, the ratification, acceptance, approval or accession shall take
effect ninety days after the date of such deposit.
ARTICLE 19
- This Convention may be denounced by any State Party
at any time after the expiry of one year from the date on which this
Convention enters into force for that State.
- Denunciation shall be effected by the deposit of an
instrument of denunciation with the Secretary-General.
- A denunciation shall take effect one year, or such
longer period as may be specified in the instrument of denunciation,
after the receipt of the instrument of denunciation by the
Secretary-General.
ARTICLE 20
- A conference for the purpose of revising or
amending this Convention may be convened by the Organization.
- The Secretary-General shall convene a conference of
the States Parties to this Convention for revising or amending the
Convention, at the request of one third of the States Parties, or ten
States Parties, whichever is the higher figure.
- Any instrument of ratification, acceptance,
approval or accession deposited after the date of entry into force of
an amendment to this Convention shall be deemed to apply to the
Convention as amended.
ARTICLE 21
- This Convention shall be deposited with the
Secretary-General.
- The Secretary-General shall:
- inform all States which have signed this
Convention or acceded thereto, and all Members of the Organization, of:
- each new signature or deposit of an
instrument of ratification, acceptance, approval or accession together
with the date thereof;
- the date of the entry into force of this
Convention;
- the deposit of any instrument of
denunciation of this Convention together with the date on which it is
received and the date on which the denunciation takes effect;
- the receipt of any declaration or
notification made under this Convention;
- transmit certified true copies of this
Convention to all States which have signed this Convention or acceded
thereto.
- As soon as this Convention enters into force, a
certified true copy thereof shall be transmitted by the Depositary to
the Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the Charter of the United
Nations.
ARTICLE 22
This Convention is established in a single original in
the Arabic, Chinese, English, French, Russian and Spanish languages,
each text being equally authentic.
IN WITNESS WHEREOF the undersigned being duly
authorized by their respective Governments for that purpose have signed
this Convention.
DONE AT ROME this tenth day of March one thousand nine
hundred and eighty-eight.
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