Resolution 52/164
(December 15, 1997)
The General Assembly,
Recalling its resolution 49/60 of 9 December 1994,
by which it adopted the Declaration on Measures to Eliminate International
Terrorism, and its resolution 51/210 of 17 December 1996,
Having considered the text of the draft convention
for the suppression of terrorist bombings prepared by the Ad Hoc Committee
established by General Assembly resolution 51/210 of 17 December 1996
1/ and the Working Group of the Sixth Committee, 2/
1. Adopts the International Convention for the Suppression
of Terrorist Bombings annexed to the present resolution, and decides
to open it for signature at United Nations Headquarters in New York
from 12 January 1998 until 31 December 1999;
2. Urges all States to sign and ratify, accept or
approve or accede to the Convention.
ANNEX
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, 3/
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 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:
(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 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:
(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 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 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.
IN WITNESS WHEREOF, the undersigned, being duly authorized
thereto by their respective Governments, have signed this Convention,
opened for signature at United Nations Headquarters in New York on 12
January 1998.
Notes
1/ See Official Records of the General Assembly, Fifty-second
Session, Supplement No. 37 (A/52/37).
2/ See A/C.6/52/L.3, annex I.
3/ See resolution 50/6.
Sources: Israeli
Ministry of Foreign Affairs
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