International Convention for the Suppression of Terrorist Bombings in United States

International Convention for the Suppression of Terrorist Bombings

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 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 that terrorist attacks by means of explosives or other lethal devices
have become increasingly widespread,

Noting also 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 forthe 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:

(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

(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:

(a) With the intent to cause death or serious bodily injury; or

(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 of the present article.

3. Any person also commits an offence if that person:

(a) Participates as an accomplice in an offence as set forth in paragraph 1
or 2 of the present article; or

(b) Organizes or directs others to commit an offence as set forth in
paragraph 1 or 2 of the present article; or

(c) In any other way contributes to the commission of one or more offences as
set forth in paragraph 1 or 2 of the present article 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 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:

(a) To establish as criminal offences under its domestic law the offences set
forth in article 2 of this Convention;

(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 withinthe 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:

(a) The offence is committed in the territory of that State; or

(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

(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:

(a) The offence is committed against a national of that State; or

(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

(c) The offence is committed by a stateless person who has his or her
habitual residence in the territory of that State; or

(d) The offence is committed in an attempt to compel that State to do or
abstain from doing any act; or

(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 under its domestic law in accordance with
paragraph 2 of the present article. 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 of the present article.

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 isalleged 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 of the
present article are being taken shall be entitled to:

(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;

(b) Be visited by a representative of that State;

(c) Be informed of that person’s rights under subparagraphs (a) and (b).

4. The rights referred to in paragraph 3 of the present article 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 of the present article 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 the present 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 that person is in custody and of the circumstances which warrant that
person’s detention. The State which makes the investigation contemplated in
paragraph 1 of the present article 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 of the present article.

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 of the
present article 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:

(a) The person freely gives his or her informed consent; and

(b) The competent authorities of both States agree, subject to such
conditions as those States may deem appropriate.

2. For the purposes of the present article:

(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;

(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;

(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;

(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 the present 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:

(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;

(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;

(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 of the present article. 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 of the
present article 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.