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制止危及海上航行安全非法行为公约 CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETYOFMARITIME NAVIGATION, 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 CONVENTION,

  HAVING IN MIND the purposes and principles of the Charter of theUnited Nations concerning the maintenance of international peace andsecurity and the promotion of friendly relations and co-operation amongStates,

  RECOGNIZING in particular that everyone has the right to life, libertyand security of person, as set out in the Universal Declaration of HumanRights and the International Covenant on Civil and Political Rights,

  DEEPLY CONCERNED about the world-wide escalation of acts of terrorismin all its forms, which endanger or take innocent human lives, jeopardizefundamental freedoms and seriously impair the dignity of human beings,

  CONSIDERING that unlawful acts against the safety of maritimenavigation jeopardize the safety of persons and property, seriously affectthe operation of maritime services, and undermine the confidence of thepeoples of the world in the safety of maritime navigation,

  CONSIDERING that the occurrence of such acts is a matter of graveconcern to the international community as a whole,

  BEING CONVINCED of the urgent need to develop internationalco-operation between States in devising and adopting effective andpractical measures for the prevention of all unlawful acts against thesafety of maritime navigation, and the prosecution and punishment of theirperpetrators,

  RECALLING resolution 40/61 of the General Assembly of the UnitedNations of 9 December 1985 which, inter alia, “urges all Statesunilaterally and in co-operation with other States, as well as relevantUnited Nations organs, to contribute to the progressive elimination ofcauses underlying international terrorism and to pay special attention toall situations, including colonialism, racism and situations involvingmass and flagrant violations of human rights and fundamental freedoms andthose involving alien occupation, that may give rise to internationalterrorism and may endanger international peace and security”,

  RECALLING FURTHER that resolution 40/61 “unequivocally condemns, ascriminal, all acts, methods and practices of terrorism wherever and bywhomever committed, including those which jeopardize friendly relationsamong States and their security”,

  RECALLING ALSO that by resolution 40/61, the International MaritimeOrganization was invited to “study the problem of terrorism aboard oragainst ships with a view to making recommendations on appropriatemeasures”,

  HAVING IN MIND resolution A. 584 (14) of 20 November 1985, of theAssembly of the International Maritime Organization, which called fordevelopment of measures to prevent unlawful acts which threaten the safetyof ships and the security of their passengers and crews,

  NOTING that acts of the crew which are subject to normal shipboarddiscipline are outside the purview of this Convention,

  AFFIRMING the desirability of monitoring rules and standards relatingto the prevention and control of unlawful acts against ships and personson board ships, with a view to updating them as necessary, and, to thiseffect, taking note with satisfaction of the Measures to Prevent UnlawfulActs against Passengers and Crews on Board Ships, recommended by theMaritime Safety Committee of the International Maritime Organization,

  AFFIRMING FURTHER that matters not regulated by this Conventioncontinue to be governed by the rules and principles of generalinternational law,

  RECOGNIZING the need for all States, in combating unlawful actsagainst the safety of maritime navigation, strictly to comply with rulesand principles of general international law,

  HAVE AGREED as follows:Article 1

  For the purposes of this Convention, “ship” means a vessel of any typewhatsoever not permanently attached to the sea-bed, including dynamicallysupported craft, submersibles, or any other floating craft.Article 2

  1. This Convention does not apply to:

  (a) a warship; or

  (b) a ship owned or operated by a State when being used as a navalauxiliary or for customs or police purposes; or

  (c) a ship which has been withdrawn from navigation or laid up.

  2. Nothing in this Convention affects the immunities of warships andother Government ships operated for non-commercial purposes.Article 3

  Any person commits an offence if that person unlawfully andintentionally:

  (a) seizes or exercises control over a ship by force or threatthereof or any other form of intimidation; or

  (b) performs an act of violence against a person on board a shipif that act is likely to endanger the safe navigation of that ship; or

  (c) destroys a ship or causes damage to a ship or to its cargowhich is likely to endanger the safe navigation of that ship; or

  (d) places or causes to be placed on a ship, by any meanswhatsoever, a device or substance which is likely to destroy that ship, orcause damage to that ship or its cargo which endangers or is likely toendanger the safe navigation of that ship; or

  (e) destroys or seriously damages maritime navigational facilitiesor seriously interferes with their operation, if any such act is likely toendanger the safe navigation of a ship; or

  (f) communicates information which he knows to be false, therebyendangering the safe navigation of a ship; or

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

  2. Any person also 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 of the offences set forth inparagraph 1 perpetrated by any person or is otherwise an accomplice of aperson who commits such an offence; 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), (c) and (e), if that threat is likelyto endanger the safe navigation of the ship in question.Article 4

  1. This Convention applies if the ship is navigating or is scheduledto navigate into, through or from waters beyond the outer limit of theterritorial sea of a single State, or the lateral limits of itsterritorial sea with adjacent States.

  2. In cases where the Convention 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 referred toin paragraph 1.Article 5

  Each State Party shall make the offences set forth in Article 3punishable by appropriate penalties which take into account the gravenature of those offences.Article 6

  1. Each State Party shall take such measures as may be necessary toestablish its jurisdiction over the offences set forth in Article 3 whenthe offence is committed:

  (a) against or on board a ship flying the flag of the State at thetime the offence is committed; or

  (b) in the territory of that State, including its territorial sea;or

  (c) by a national of that State.

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

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

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

  (c) it is committed in an attempt to compel that State to do 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 3 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 paragraphs 1 and 2 of this Article.

  5. This Convention does not exclude any criminal jurisdictionexercised in accordance with national law.Article 7

  1. Upon being satisfied that the circumstances so warrant, any StateParty in the territory of which the offender or the alleged offender ispresent shall, in accordance with its law, take him into custody or takeother measures to ensure his presence for such time as is necessary toenable any criminal or extradition proceedings to be instituted.

  2. Such State shall immediately make a preliminary inquiry into thefacts, in accordance with its own legislation.

  3. Any person regarding whom the measures referred to in paragraph 1are being taken shall be entitled to:

  (a) communicate without delay with the nearest appropriaterepresentative of the State of which he is a national or which isotherwise entitled to establish such communication or, if he is astateless person, the State in the territory of which he has his habitualresidence;

  (b) be visited by a representative of that State.

  4. The rights referred to in paragraph 3 shall be exercised inconformity with the laws and regulations of the State in the territory ofwhich the offender or the alleged offender is present, subject to theproviso that the said laws and regulations must enable full effect to begiven to the purposes for which the rights accorded under paragraph 3 areintended.

  5. When a State Party, pursuant to this Article, has taken a personinto custody, it shall immediately notify the States which haveestablished jurisdiction in accordance with Article 6, paragraph 1 and,if it considers it advisable, any other interested States, of the factthat such person is in custody and of the circumstances which warrant hisdetention. The State which makes the preliminary inquiry contemplated inparagraph 2 of this Article shall promptly report its findings to the saidStates and shall indicate whether it intends to exercise jurisdiction.Article 8

  1. The master of a ship of a State Party (the “flag State”) maydeliver to the authorities of any other State Party (the “receivingState”) any person who he has reasonable grounds to believe has committedone of the offences set forth in Article 3.

  2. The flag State shall ensure that the master of its ship is obliged,whenever practicable, and if possible before entering the territorial seaof the receiving State carrying on board any person whom the masterintends to deliver in accordance with paragraph 1, to give notification tothe authorities of the receiving State of his intention to deliver suchperson and the reasons therefor.

  3. The receiving State shall accept the delivery, except where it hasgrounds to consider that the Convention is not applicable to the actsgiving rise to the delivery, and shall proceed in accordance with theprovisions of Article 7. Any refusal to accept a delivery shall beaccompanied by a statement of the reasons for refusal.

  4. The flag State shall ensure that the master of its ship is obligedto furnish the authorities of the receiving State with the evidence in themaster's possession which pertains to the alleged offence.

  5. A receiving State which has accepted the delivery of a person inaccordance with paragraph 3 may, in turn, request the flag State to acceptdelivery of that person. The flag State shall consider any such request,and if it accedes to the request it shall proceed in accordance withArticle 7. If the flag State declines a request, it shall furnish thereceiving State with a statement of the reasons therefor.Article 9

  Nothing in this Convention shall affect in any way the rules ofinternational law pertaining to the competence of States to exerciseinvestigative or enforcement jurisdiction on board ships not flying theirflag.Article 10

  1. The State Party in the territory of which the offender or thealleged offender is found shall, in cases to which Article 6 applies, ifit does not extradite him, be obliged, without exception whatsoever andwhether or not the offence was committed in its territory, to submit thecase without delay to its competent authorities for the purpose ofprosecution, through proceedings in accordance with the laws of thatState. Those authorities shall take their decision in the same manner asin the case of any other offence of a grave nature under the law of thatState.

  2. Any person regarding whom proceedings are being carried out inconnection with any of the offences set forth in Article 3 shall beguaranteed fair treatment at all stages of the proceedings, includingenjoyment of all the rights and guarantees provided for such proceedingsby the law of the State in the territory of which he is present.Article 11

  1. The offences set forth in Article 3 shall be deemed to be includedas extraditable offences in any extradition treaty existing between any ofthe States Parties. States Parties undertake to include such offences asextraditable offences in every extradition treaty to be concluded betweenthem.

  2. If a State Party which makes extradition conditional on theexistence of a treaty receives a request for extradition from anotherState Party with which it has no extradition treaty, the requested StateParty may, at its option, consider this Convention as a legal basis forextradition in respect of the offences set forth in Article 3. Extraditionshall be subject to the other conditions provided by the law of therequested State Party.

  3. States Parties which do not make extradition conditional on theexistence of a treaty shall recognize the offences set forth in Article 3as extraditable offences between themselves, subject to the conditionsprovided by the law of the requested State.

  4. If necessary, the offences set forth in Article 3 shall be treated,for the purposes of extradition between States Parties, as if they hadbeen committed not only in the place in which they occurred but also in aplace within the jurisdiction of the State Party requesting extradition.

  5. A State Party which receives more than one request for extraditionfrom States which have established jurisdiction in accordance with Article7 and which decides not to prosecute shall, in selecting the State towhich the offender or alleged offender is to be extradited, pay due regardto the interests and responsibilities of the State Party whose flag theship was flying at the time of the commission of the offence.

  6. In considering a request for the extradition of an alleged offenderpursuant to this Convention, the requested State shall pay due regard towhether his rights as set forth in Article 7, paragraph 3, can be effectedin the requesting State.

  7. With respect to the offences as defined in this Convention, theprovisions of all extradition treaties and arrangements applicable betweenStates Parties are modified as between States Parties to the extent thatthey are incompatible with this Convention.Article 12

  1. States Parties shall afford one another the greatest measure ofassistance in connection with criminal proceedings brought in respect ofthe offences set forth in Article 3, including assistance in obtainingevidence at their disposal necessary for the proceedings.

  2. States Parties shall carry out their obligations under paragraph 1in conformity with any treaties on mutual assistance that may existbetween them. In the absence of such treaties, States Parties shallafford each other assistance in accordance with their national law.Article 13

  1. States Parties shall co-operate in the prevention of the offencesset forth in Article 3, particularly by:

  (a) taking all practicable measures to prevent preparations intheir respective territories for the commission of those offences withinor outside their territories;

  (b) exchanging information in accordance with their national law,and co-ordinating administrative and other measures taken as appropriateto prevent the commission of offences set forth in Article 3.

  2. When, due to the commission of an offence set forth in Article 3,the passage of a ship has been delayed or interrupted, any State Party inwhose territory the ship or passengers or crew are present shall be boundto exercise all possible efforts to avoid a ship, its passengers, crew orcargo being unduly detained or delayed.Article 14

  Any State Party having reason to believe that an offence set forth inArticle 3 will be committed shall, in accordance with its national law,furnish as promptly as possible any relevant information in its possessionto those States which it believes would be the States having establishedjurisdiction in accordance with Article 6.Article 15

  1. Each State Party shall, in accordance with its national law,provide to the Secretary-General, as promptly as possible, any relevantinformation in its possession concerning:

  (a) the circumstances of the offence;

  (b) the action taken pursuant to Article 13, paragraph 2;

  (c) the measures taken in relation to the offender or the allegedoffender and, in particular, the results of any extradition proceedingsor other legal proceedings.

  2. The State Party where the alleged offender is prosecuted shall, inaccordance with its national law, communicate the final outcome of theproceedings to the Secretary-General.

  3. The information transmitted in accordance with paragraph 1 and 2shall be communicated by the Secretary-General to all States Parties, toMembers of the International Maritime Organization (hereinafter referredto as “the Organization”), to the other States concerned, and to theappropriate international intergovernmental organizations.Article 16

  1. Any dispute between two or more States Parties concerning theinterpretation or application of this Convention which cannot be settledthrough negotiation within a reasonable time shall, at the request of oneof them, be submitted to arbitration. If, within six months from the dateof the request for arbitration, the parties are unable to agree on theorganization of the arbitration any one of those parties may refer thedispute to the International Court of Justice by request in conformitywith the Statute of the Court.

  2. Each State may at the time of signature or ratification, acceptanceor approval of this Convention or accession thereto, declare that it doesnot consider itself bound by any or all of the provisions of paragraph 1.The other States Parties shall not be bound by those provisions withrespect to any State Party which has made such a reservation.

  3. Any State which has made a reservation in accordance with paragraph2 may, at any time, withdraw that reservation by notification to theSecretary-General.Article 17

  1. The Convention shall be open for signature at Rome on 10 March 1988by States participating in the International Conference on the Suppressionof Unlawful Acts against the Safety of Maritime Navigation and at theHeadquarters of the Organization by all States from 14 March 1988 to 9March 1989. It shall thereafter remain open for accession.

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

  (a) signature without reservation as to ratification, 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.Article 18

  1. This Convention shall enter into force ninety days following thedate on which fifteen States have either signed it without reservation asto ratification, acceptance or approval, or have deposited an instrumentof ratification, acceptance, approval or accession in respect thereof.

  2. For a State which deposits an instrument of ratification,acceptance, approval or accession in respect of this Convention after 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 19

  1. This Convention may be denounced by any State Party at any timeafter the expiry of one year from the date on which this Convention entersinto force 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.Article 20

  1. A conference for the purpose of revising or amending thisConvention may be convened by the Organization.

  2. The Secretary-General shall convene a conference of the StatesParties to this Convention for revising or amending the Convention, at therequest of one third of the States Parties, or ten 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 thisConvention shall be deemed to apply to the Convention as amended.Article 21

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

  2. The Secretary-General shall:

  (a) inform all States which have signed this Convention or 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 the entry into force of this Convention;

  (iii) the deposit of any instrument of denunciation of thisConvention 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 Convention;

  (b) transmit certified true copies of this Convention to allStates which have signed this Convention or acceded thereto.

  3. As soon as this Convention 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 22

  This Convention 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 Convention.

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

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