International Convention for the Suppression of Terrorist Bombings

 

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.

Author: international

Mentioned in these Entries

Charter of the United Nations, International Convention for the Suppression of Terrorist Bombings, International Court of Justice, International humanitarian law.