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1988年制止危及大陆架固定平台安全非法行为议定书 PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETYOFFIXED PLATFORMS LOCATED ON THE CONTINENTAL SHELF, 1988

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颁布日期:19880310  实施日期:19920301  颁布单位:罗马

  THE STATES PARTIES TO THIS PROTOCOL,

  BEING PARTIES to the Convention for the Suppression of Unlawful Actsagainst the Safety of Maritime Navigation,

  RECOGNIZING that the reasons for which the Convention was elaboratedalso apply to fixed platforms located on the continental shelf,

  TAKING ACCOUNT of the provisions of that Convention,

  AFFIRMING that matters not regulated by this Protocol continue to begoverned by the rules and principles of general international law,

  HAVE AGREED as follows:Article 1

  1. The provisions of Articles 5 and 7 and of Articles 10 to 16 of theConvention for the Suppression of Unlawful Acts against the Safety ofMaritime Navigation (hereinafter referred to as “the Convention”) shallalso apply mutatis mutandis to the offences set forth in Article 2 of thisProtocol where such offences are committed on board or against fixedplatforms located on the continental shelf.

  2. In cases where this Protocol does not apply pursuant to paragraph1, it nevertheless applies when the offender or the alleged offender isfound in the territory of a State Party other than the State in whoseinternal waters or territorial sea the fixed platform is located.

  3. For the purposes of this Protocol, “fixed platform” means anartificial island, installation or structure permanently attached to thesea-bed for the purpose of exploration or exploitation of resources or forother economic purposes.Article 2

  1. Any person commits an offence if that person unlawfully andintentionally:

  (a) seizes or exercises control over a fixed platform by force orthreat thereof or any other form of intimidation; or

  (b) performs an act of violence against a person on board a fixedplatform if that act is likely to endanger its safety; or

  (c) destroys a fixed platform or causes damage to it which islikely to endanger its safety; or

  (d) places or causes to be placed on a fixed platform, by anymeans whatsoever, a device or substance which is likely to destroy thatfixed platform or likely to endanger its safety; or

  (e) injures or kills any person in connection with the commissionor the attempted commission of any of the offences set forth insubparagraphs (a) to (d)。

  2. Any person commits an offence if that person:

  (a) attempts to commit any of the offences set forth in paragraph1; or

  (b) abets the commission of any such offences perpetrated by anyperson or is otherwise an accomplice of a person who commits such anoffence; or

  (c) threatens, with or without a condition, as is provided forunder national law, aimed at compelling a physical or juridical person todo or refrain from doing any act, to commit any of the offences set forthin paragraph 1, subparagraphs (b) and (c), if that threat is likely toendanger the safety of the fixed platform.Article 3

  1. Each State Party shall take such measures as may be necessary toestablish its jurisdiction over the offences set forth in Article 2 whenthe offence is committed:

  (a) against or on board a fixed platform while it is located onthe continental shelf of that State; or

  (b) by a national of that State.

  2. A State Party may also establish its jurisdiction over any suchoffence when:

  (a) it is committed by a stateless person whose habitual residenceis in that State;

  (b) during its commission a national of that State is seized,threatened, injured or killed; or

  (c) it is committed in an attempt to compel that State to do orabstain from doing any act.

  3. Any State Party which has established jurisdiction mentioned inparagraph 2 shall notify the Secretary-General of the InternationalMaritime Organization (hereinafter referred to as “theSecretary-General”)。 If such State Party subsequently rescinds thatjurisdiction, it shall notify the Secretary-General.

  4. Each State Party shall take such measures as may be necessary toestablish its jurisdiction over the offences set forth in Article 2 incases where the alleged offender is present in its territory and it doesnot extradite him to any of the States Parties which have establishedtheir jurisdiction in accordance with paragraph 1 and 2 of this Article.

  5. This Protocol does not exclude any criminal jurisdiction exercisedin accordance with national law.Article 4

  Nothing in this Protocol shall affect in any way the rules ofinternational law pertaining to fixed platforms located on the continentalshelf.Article 5

  1. This Protocol shall be open for signature at Rome on 10 March 1988and at the Headquarters of the International Maritime Organization(hereinafter referred to as “the Organization”) from 14 March 1988 by anyState which has signed the Convention. It shall thereafter remain open foraccession.

  2. States may express their consent to be bound by this Protocol by:

  (a) signature without reservation as to ratification, acceptanceor approval; or

  (b) signature subject to ratification, acceptance or approval,followed by ratification, acceptance or approval; or

  (c) accession.

  3. Ratification, acceptance, approval or accession shall be effectedby the deposit of an instrument to that effect with the Secretary-General.

  4. Only a State which has signed the Convention without reservation asto ratification, acceptance or approval, or has ratified, accepted,approved or acceded to the Convention may become a Party to this Protocol.Article 6

  1. This Protocol shall enter into force ninety days following the dateon which three States have either signed it without reservation as toratification, acceptance or approval, or have deposited an instrument ofratification, acceptance, approval or accession in respect thereof.However, this Protocol shall not enter into force before the Conventionhas entered into force.

  2. For a State which deposits an instrument of ratification,acceptance, approval or accession in respect of this Protocol after theconditions for entry into force thereof have been met, the ratification,acceptance, approval or accession shall take effect ninety days after thedate of such deposit.Article 7

  1. This Protocol may be denounced by any State Party at any time afterthe expiry of one year from the date on which this Protocol enters intoforce for that State.

  2. Denunciation shall be effected by the deposit of an instrument ofdenunciation with the Secretary-General.

  3. A denunciation shall take effect one year, or such longer period asmay be specified in the instrument of denunciation, after the receipt ofthe instrument of denunciation by the Secretary-General.

  4. A denunciation of the Convention by a State Party shall be deemedto be a denunciation of this Protocol by that Party.Article 8

  1. A conference for the purpose of revising or amending this Protocolmay be convened by the Organization.

  2. The Secretary-General shall convene a conference of the StatesParties to this Protocol for revising or amending the Protocol, at therequest of one third of the States Parties, or five States Parties,whichever is the higher figure.

  3. Any instrument of ratification, acceptance, approval or accessiondeposited after the date of entry into force of an amendment to thisProtocol shall be deemed to apply to the Protocol as amended.Article 9

  1. This Protocol shall be deposited with the Secretary-General.

  2. The Secretary-General shall:

  (a) inform all States which have signed this Protocol or accededthereto, and all Members of the Organization, of:

  (i) each new signature or deposit of an instrument ofratification, acceptance, approval or accession, together with the datethereof;

  (ii) the date of entry into force of this Protocol;

  (iii) the deposit of any instrument of denunciation of thisProtocol together with the date on which it is received and the date onwhich the denunciation takes effect;

  (iv) the receipt of any declaration or notification made underthis Protocol or under the Convention, concerning this Protocol;

  (b) transmit certified true copies of this Protocol to all Stateswhich have signed this Protocol or acceded thereto.

  3. As soon as this Protocol enters into force, a certified true copythereof shall be transmitted by the Depositary to the Secretary-General ofthe United Nations for registration and publication in accordance withArticle 102 of the Charter of the United Nations.Article 10

  This Protocol is established in a single original in the Arabic,Chinese, English, French, Russian and Spanish languages, each text beingequally authentic.

  IN WITNESS WHEREOF the undersigned, being duly authorized by theirrespective Governments for that purpose, have signed this Protocol.

  DONE AT ROME this tenth day of March one thousand nine hundred andeighty-eight.

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