International Convention for the Suppression of Terrorist Bombings

International Convention for the Suppression of Terrorist Bombings

 

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.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Inter-American Convention Against Terrorism, International Convention for the Suppression of Terrorist Bombings 2, International Convention for the Suppression of Terrorist Bombings 3, International Conventions from 1991, International criminal law: Terrorism and Piracy, Rules of Warfare, Arms Control conventions.


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