Verdrag inzake de bestrijding van terroristische bomaanslagen
Partijen met voorbehouden, verklaringen en bezwaren
Algerije
08-11-2001
The Government of the People's Democratic Republic of Algeria does not consider itself
bound by the provisions of article 20, paragraph 1, of the International Convention
for the Suppression of Terrorist Bombings.
The Government of the People's Democratic Republic of Algeria declares that in order
for a dispute to be submitted to arbitration or to the International Court of Justice,
the agreement of all parties to the dispute shall be required in each case.
Andorra
23-09-2004
In accordance with article 6, paragraph 3, of the Convention, Andorra establishes its competence regarding the offences described in article 2, for all the cases covered by article 6, paragraph 2, b), c) and d).
Australië
18-10-2002
... in accordance with article 6 (3) of the Convention, Australia has chosen to establish jurisdiction in all the circumstances provided for by Article 6 (2), and has provided for such jurisdiction in domestic legislation which took effect on 8 September 2002.
Bahama's
05-05-2008
In accordance with paragraph 2 of Article 20, the Commonwealth of The Bahamas does not consider itself bound by any of the arbitration procedures established under paragraph 1 of Article 20 on the basis that referral of a dispute concerning the application or interpretation of the provisions of the Convention to arbitration or to the International Court must be by the consent of all of the parties to the dispute.
Bahrein
21-09-2004
The Kingdom of Bahrain does not consider itself bound by Paragraph 1 of Article 20 of the Convention.
België
20-05-2005
As for article 11 of the Convention, the Government of Belgium makes the following
reservation:
1. In exceptional circumstances, the Government of Belgium reserves the right to refuse
extradition or mutual legal assistance in respect of any offence set forth in article
2 which it considers to be a political offence or as an offence connected with a political
offence or as an offence inspired by political motives.
2. In cases where the preceding paragraph is applicable, Belgium recalls that it is
bound by the general legal principle aut dedere aut judicare, pursuant to the rules
governing the competence of its courts.
Bezwaar Canada, 26-04-2006
The Government of Canada considers the Reservation to be contrary to the terms of
Article 5 of the Convention, according to which States Parties commit themselves to
"... adopt such measures as may be necessary, including, where appropriate, domestic
legislation, to ensure that criminal acts within the scope of this Convention are
under no circumstances justifiable by considerations of a political, philosophical,
ideological, racial, ethnic, religious or other similar nature."
The Government of Canada therefore objects to the Reservation relating to Article
2 made by the Government of Belgium upon ratification of the International Convention
for the Suppression of Terrorist Bombings which it considers as contrary to the object
and purpose of the Convention. This objection does not, however, preclude the entry
into force of the Convention between Canada and Belgium.
The Government of Canada notes that, under established principles of international
treaty law, as reflected in Article 19 (c) of the Vienna Convention on the Law of
Treaties, a reservation that is incompatible with the object and purpose of the treaty
shall not be permitted.
Bezwaar Verenigd Koninkrijk, 15-05-2006
The Government of the United Kingdom of Great Britain and Northern Ireland have examined
the reservation relating to Article 11 of the International Convention for the Suppression
of Terrorist Bombings made by the Government of Belgium at the time of its ratification
of the Convention.
The Government of the United Kingdom note that the effect of the said reservation
is to disapply the provisions of Article 11 in "exceptional circumstances". In light
of the grave nature of the offences set forth in Article 2 of the Convention, the
Government of the United Kingdom consider that the provisions of Article 11 should
apply in all circumstances.
The Government of the United Kingdom therefore objects to the reservation made by
the Government of Belgium to the International Convention for the Suppression of Terrorist
Bombings. However, this objection shall not preclude the entry into force of the Convention
between the United Kingdom and Belgium.
Bezwaar Duitsland, 18-05-2006
The Government of the Federal Republic of Germany has carefully examined the reservation
made by the Government of the Kingdom of Belgium upon ratification of the International
Convention for the Suppression of Terrorist Bombings with respect to its Article 11.
With this reservation, the Government of the Kingdom of Belgium expresses that it
reserves the right to refuse extradition or mutual legal assistance in respect of
any offence which it considers to be politically motivated. In the opinion of the
Government of the Federal Republic of Germany, this reservation seeks to limit the
Convention's scope of application in a way that is incompatible with the objective
and purpose of the Convention.
The Government of the Federal Republic of Germany therefore objects to the above-mentioned
reservation made by the Government of the Kingdom of Belgium to the International
Convention for the Suppression of Terrorist Bombings. This objection does not preclude
the entry into force of the Convention between the Federal Republic of Germany and
the Kingdom of Belgium.
Bezwaar Italië, 18-05-2006
The Government of Italy has examined the reservation to the International Convention
for the Suppression of Terrorist Bombings made by the Government of Belgium upon the
accession to that Convention. The Government of Italy considers the reservation by
Belgium as intended to limit the scope of the Convention on a unilateral basis, which
is contrary to its object and purpose, namely the suppression of terrorist bombings,
irrespective of where it takes place and of who carries it out. The Government of
Italy recalls that, according to Article 19 (c) of the Vienna Convention on the Law
of the Treaties, a reservation incompatible with the object and purpose of the Convention
shall not be permitted. The Government of Italy therefore objects to the aforesaid
reservation made by the Government of Belgium to the International Convention for
the Suppression of Terrorist Bombings.
This objection shall not preclude the entry into force of the Convention between Belgium
and Italy. The Convention enters into force between Belgium and Italy without the
Government of Belgium benefiting from its reservation.
Bezwaar Spanje, 19-05-2006
The Government of the Kingdom of Spain has examined the reservation made by the Government
of the Kingdom of Belgium to article 11 of the International Convention for the Suppression
of Terrorist Bombings upon ratifying that Convention.
The Government of the Kingdom of Spain considers that this reservation is incompatible
with the object and purpose of the Convention.
The Government of the Kingdom of Spain considers, in particular, that the reservation
by Belgium is incompatible with article 5 of the Convention, whereby States parties
undertake to adopt such measures as may be necessary, including, where appropriate,
domestic legislation, to ensure that criminal acts within the scope of the Convention
are under no circumstances justifiable by considerations of a political, philosophical,
ideological, racial, ethnic, religious or others of similar nature.
The Government of the Kingdom of Spain recalls that, under the customary-law provision
enshrined in article 19 (c) of the 1969 Vienna Convention on the Law of Treaties,
reservations that are incompatible with the object and purpose of the treaty concerned
are not permitted.
Accordingly, the Government of the Kingdom of Spain objects to the reservation made
by the Government of the Kingdom of Belgium to article 11 of the International Convention
for the Suppression of Terrorist Bombings.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of Spain and the Kingdom of Belgium.
Bezwaar Verenigde Staten van Amerika, 22-05-2006
The Government of the United States of America, after careful review, considers the Declaration made by Belgium to Article 11 of the Convention, to be a reservation that seeks to limit the scope of the Convention on a unilateral basis. The Government of the United States understands that the intent of the Government of Belgium may have been narrower than apparent from its Declaration in that the Government of Belgium would expect its Declaration to apply only in exceptional circumstances where it believes that, because of the political nature of the offense, an alleged offender may not receive a fair trial. The United States believes the Declaration is unnecessary because of the safeguards already provided for under Articles 12, 14, and 19 (2) of the Convention. However, given the broad wording of the Declaration and because the Government of the United States considers Article 11 to be a critical provision in the Convention, the United States is constrained to file this objection. This objection does not preclude entry into force of the Convention between the United States and Belgium.
28-01-2008
Withdrawal of the reservation in respect of Article 11 made upon ratification.
Bolivia
22-01-2002
... by virtue of the provisions of article 6, paragraph 3, of the International Convention for the Suppression of Terrorist Bombings, the Republic of Bolivia states that it establishes its jurisdiction in accordance with its domestic law in respect of offences committed in the situations and conditions provided for under article 6, paragraph 2, of the Convention.
Brazilië
23-08-2002
... the Federative Republic of Brazil declares that, in accordance with the provisions
of article 6, paragraph 3, of the said Convention, it will exercise jurisdiction over
the offences within the meaning of article 2, in the cases set forth in article 6,
paragraph 2, subparagraphs (a), (b) and (e) of the Convention.
... the Federative Republic of Brazil declares, pursuant to article 20, paragraph
2, of the International Convention for the Suppression of Terrorist Bombings, adopted
in New York on the 15th December 1997, that it does not consider itself bound by the
provisions of article 20, paragraph 1, of the said Convention.
Canada
03-04-2002
Canada declares that it considers the application of article 2 (3) (c) of the Terrorist Bombing Convention to be limited to acts committed in furthering a conspiracy of two or more persons to commit a specific criminal offence contemplated in paragraph 1 or 2 of article 2 of that Convention.
Chili
10-11-2001
In accordance with article 6, paragraph 3, of the International Convention for the Suppression of Terrorist Bombings, the Government of Chile declares that, in accordance with article 6, paragraph 8, of the Courts Organization Code of the Republic of Chile, crimes and ordinary offences committed outside the territory of the Republic which are covered in treaties concluded with other Powers remain under Chilean jurisdiction.
China
13-11-2001
... China accedes to the International Convention for the Suppression of Terrorist Bombing, done at New York on 15 December 1997, and declares that it does not consider itself bound by paragraph 1 of Article 20 of the Convention.
Colombia
14-09-2004
By virtue of article 20, paragraph 2, of the Convention, Colombia declares that it
does not consider itself bound by paragraph 1 of the said article.
Furthermore, by virtue of article 6, paragraph 3, of the Convention, Colombia states
that it establishes its jurisdiction in accordance with its domestic law in relation
to paragraph 2 of the same article.
Cuba
15-11-2001
The Republic of Cuba declares, pursuant to article 20, paragraph 2, that it does not
consider itself bound by paragraph 1 of the said article, concerning the settlement
of disputes arising between States Parties, inasmuch as it considers that such disputes
must be settled through amicable negotiation. In consequence, it declares that it
does not recognize the compulsory jurisdiction of the International Court of Justice.
The Republic of Cuba declares that none of the provisions contained in article 19,
paragraph 2, shall constitute an encouragement or condonation of the threat or use
of force in international relations, which must under all circumstances be governed
strictly by the principles of international law and the purposes and principles enshrined
in the Charter of the United Nations.
Cuba also considers that relations between States must be based strictly on the provisions
contained in resolution 2625 (XXV) of the United Nations General Assembly.
In addition, the exercise of State terrorism has historically been a fundamental concern
for Cuba, which considers that the complete eradication thereof through mutual respect,
friendship and cooperation between States, full respect for sovereignty and territorial
integrity, self-determination and non-interference in internal affairs must constitute
a priority of the international community.
Cuba is therefore firmly of the opinion that the undue use of the armed forces of
one State for the purpose of aggression against another cannot be condoned under the
present Convention, whose purpose is precisely to combat, in accordance with the principles
of the international law, one of the most noxious forms of crime faced by the modern
world.
To condone acts of aggression would amount, in fact, to condoning violations of international
law and of the Charter and provoking conflicts with unforeseeable consequences that
would undermine the necessary cohesion of the international community in the fight
against the scourges that truly afflict it.
The Republic of Cuba also interprets the provisions of the present Convention as applying
with full rigour to activities carried out by armed forces of one State against another
State in cases in which no armed conflict exists between the two.
Cyprus
24-01-2001
In accordance with article 6, paragraph 3 of the Convention, the Republic of Cyprus establishes its jurisdiction over the offences specified in article 2 in all the cases provided for in article 6, paragraphs 1, 2 and 4.
Denemarken
31-08-2001
Pursuant to article 6 (3) of the International Convention for the Suppression of Terrorist
Bombings, Denmark provides the following information on Danish criminal jurisdiction:
Rules on Danish criminal jurisdiction are laid down in Section 6 to 12 in the Danish
Criminal Code. The provisions have the following wording:
Section 6
Acts committed
1) within the territory of the Danish state; or
2) on board a Danish ship or aircraft, being outside the territory recognized by international
law as belonging to any state; or
3) on board a Danish ship or aircraft, being within the territory recognized by international
law as belonging to a foreign state, if committed by persons employed on the ship
or aircraft or by passengers travelling on board the ship or aircraft, shall be subject
to Danish criminal jurisdiction.
Section 7
(1) Acts committed outside the territory of the Danish state by a Danish national
or by a person resident in the Danish state shall also be subject to Danish criminal
jurisdiction in the following circumstances, namely;
1) where the act was committed outside the territory recognized by international law
as belonging to any state, provided acts of the kind in question are punishable with
a sentence more severe than imprisonment for four months; or
2) where the act was committed within the territory of a foreign state, provided that
it is also punishable under the law in force in that territory.
(2) The provisions in Subsection (1) above shall similarly apply to acts committed
by a person who is a national of, or who is resident in Finland, Iceland, Norway or
Sweden, and who is present in Denmark.
Section 8
The following acts committed outside the territory of the Danish state, shall also
come within Danish criminal jurisdiction, irrespective of the nationality of the perpetrator.
1) where the act violates the independence, security, Constitution of public authorities
of the Danish state, official duties toward the state or such interests, the legal
protection of which depends on a personal connection with the Danish state; or
2) where the act violates an obligation which the perpetrator is required by law to
observe abroad or prejudices the performance of an official duty incumbent on him
with regard to a Danish ship or aircraft; or
3) where an act committed outside the territory recognized by international law as
belonging to any state violates a Danish national or a person resident in the Danish
state, provided acts of the kind in question are punishable with a sentence more severe
than imprisonment for four months; or
4) where the act comes within the provisions of Section 183 a of this Act. The prosecution
may also include breaches of Sections 237 and 244-248 of this Act, when committed
in conjunction with the breach of Section 183 a; or
5) where the act is covered by an international convention in pursuance of which Denmark
is under an obligation to start legal proceedings; or
6) where transfer of the accused for legal proceedings in another country is rejected,
and the act, provided it is committed within the territory recognized by international
law as belonging to a foreign state, is punishable according to the law of this state,
and provided that according to Danish law the act is punishable with a sentence more
severe than one year of imprisonment.
Section 9
Where the punishable nature of an act depends on or is influenced by an actual or
intended consequence, the act shall also be deemed to have been committed where the
consequence has taken effect or has been intended to take effect.
Section 10
(1) Where prosecution takes place in this country under the foregoing provisions,
the decision concerning the punishment or other legal consequences of the act shall
be made under Danish law.
(2) In the circumstances referred to in Section 7 of this Act, if the act was committed
within the territory recognized by international law as belonging to a foreign state,
the punishment may not be more severe than that provided for by the law of that state.
Section 10 a
(1) A person who has been convicted by a criminal court in the state where the act
was committed or who has received a sentence which is covered by the European Convention
on the International Validity of Criminal Judgments, or by the Act governing the Transfer
of Legal Proceedings to another country, shall not be prosecuted in this country for
the same act, if,
|1) he is finally acquitted; or
2) the penalty imposed has been served, is being served or has been remitted according
to the law of the state in which the court is situated; or
3) he is convicted, but no penalty is imposed.
(2) The provisions contained in Subsection (1) above shall not apply to
a) acts which fall within Section 6 (1) of this Act; or b) the acts referred to in
Section 8 (1) 1) above, unless the prosecution in the state in which the court was
situated was at the request of the Danish Prosecuting Authority.
Section 10 b
Where any person is prosecuted and punishment has already been imposed on him for
the same act in another country, the penalty imposed in this country shall be reduced
according to the extent to which the foreign punishment has been served.
Section 11
If a Danish national or a person resident in the Danish state has been punished in
a foreign country for an act which under Danish law may entail loss or forfeiture
of an office or profession or of any other right, such a deprivation may be sought
in a public action in this country.
Section 12
The application of the provisions of Section 6-8 of this Act shall be subject to the
applicable rules of international law.
31-08-2001
With a territorial exclusion in respect of the Faroe Islands and Greenland.
Duitsland
26-01-1998
Upon signature and confirmed upon ratification:
The Federal Republic of Germany understands article 1 para. 4 of [the said Convention]
in the sense that the term "military forces of a state" includes their national contingents
operating as part of the United Nations forces. Furthermore, the Federal Republic
of Germany also understands that, for the purposes of this Convention, the term "military
forces of a state" also covers police forces.
Egypte
14-12-1999
1. Article 6, paragraph 5:
The Government of the Arab Republic of Egypt declares that it is bound by Article
6, paragraph 5, of the Convention insofar as the domestic laws of States Parties do
not contradict the relevant rules and principles of international law.
2. Article 19, paragraph 2:
The Government of the Arab Republic of Egypt declares that it is bound by Article
19, paragraph 2, of the Convention insofar as the military forces of the State, in
the exercise of their duties do not violate the rules and principles of international
law.
09-08-2005
1. The Government of the Arab Republic of Egypt declares that it shall be bound by
article 6, paragraph 5, of the Convention to the extent that the national legislation
of States Parties is not incompatible with the relevant norms and principles of international
law.
2. The Government of the Arab Republic of Egypt declares that it shall be bound by
article 19, paragraph 2, of the Convention to the extent that the armed forces of
a State, in the exercise of their duties, do not violate the norms and principles
of international law.
Bezwaar Verenigd Koninkrijk, 03-08-2006
The Government of the United Kingdom of Great Britain and Northern Ireland have examined
the declaration, described as a reservation, relating to article 19, paragraph 2 of
the International Convention for the Suppression of Terrorist Bombings made by the
Government of the Arab Republic of Egypt at the time of its ratification of the Convention.
The declaration appears to purport to extend the scope of application of the Convention
to include the armed forces of a State to the extent that they fail to meet the test
that they 'do not violate the rules and principles of international law'. Such activities
would otherwise be excluded from the application of the Convention by virtue of article
19, paragraph 2. It is the opinion of the United Kingdom that the Government of Egypt
is entitled to make such a declaration only insofar as the declaration constitutes
a unilateral declaration by the Government of Egypt that Egypt will apply the terms
of the Convention in circumstances going beyond those required by the Convention to
their own armed forces on a unilateral basis. The United Kingdom consider this to
be the effect of the declaration made by Egypt.
However, in the view of the United Kingdom, Egypt cannot by a unilateral declaration
extend the obligations of the United Kingdom under the Convention beyond those set
out in the Convention without the express consent of the United Kingdom. For the avoidance
of any doubt, the United Kingdom wish to make clear that it does not so consent. Moreover,
the United Kingdom do not consider the declaration made by the Government of Egypt
to have any effect in respect of the obligations of the United Kingdom under the Convention
or in respect of the application of the Convention to the armed forces of the United
Kingdom.
The United Kingdom thus regard the Convention as entering into force between the United
Kingdom and Egypt subject to a unilateral declaration made by the Government of Egypt,
which applies only to the obligations of Egypt under the Convention and only in respect
of the armed forces of Egypt.
Bezwaar Duitsland, 11-08-2006
The Government of the Federal Republic of Germany has carefully examined the declaration,
described as a reservation, relating to article 19, paragraph 2 of the International
Convention for the Suppression of Terrorist Bombings made by the Government of the
Arab Republic of Egypt at the time of its ratification of the Convention.
In this declaration the Government of the Arab Republic of Egypt expresses the opinion
that the activities of the armed forces of a State in the exercise of their duties,
inasmuch as they are not consistent with the rules and principles of international
humanitarian law, are governed by the Convention. However, according to article 19,
paragraph 2 of the Convention, the activities of armed forces during an armed conflict,
as those terms are understood under international humanitarian law, which are governed
by that law, as well as 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, so that the declaration
by the Arab Republic of Egypt aims to broaden the scope of the Convention.
The Government of the Federal Republic of Germany is of the opinion that the Government
of the Arab Republic of Egypt is only entitled to make such a declaration unilaterally
for its own armed forces, and it interprets the declaration as having binding effect
only on armed forces of the Arab Republic of Egypt. In the view of the Government
of the Federal Republic of Germany, such a unilateral declaration cannot apply to
the armed forces of other States Parties without their express consent. The Government
of the Federal Republic of Germany therefore declares that it does not consent to
the Egyptian declaration as so interpreted with regard to any armed forces other than
those of the Arab Republic of Egypt, and in particular does not recognize any applicability
of the Convention to the armed forces of the Federal Republic of Germany.
The Government of the Federal Republic of Germany also emphasizes that the declaration
by the Arab Republic of Egypt has no effect whatsoever on the Federal Republic of
Germany's obligations as State Party to the International Convention for the Suppression
of Terrorist Bombings, or on the Convention's applicability to armed forces of the
Federal Republic of Germany.
The Government of the Federal Republic of Germany regards the International Convention
for the Suppression of Terrorist Bombings as entering into force between the Federal
Republic of Germany and the Arab Republic of Egypt subject to a unilateral declaration
made by the Government of the Arab Republic of Egypt, which relates exclusively to
the obligations of the Arab Republic of Egypt and to the armed forces of the Arab
Republic of Egypt.
Bezwaar Spanje, 11-08-2006
The Government of the Kingdom of Spain has examined the reservation to article 19,
paragraph 2, of the International Convention for the Suppression of Terrorist Bombings
presented by the Government of the Arab Republic of Egypt.
The Government of the Kingdom of Spain considers that Egypt's reservation relates
to an essential component of the Convention, having an impact not only on article
19, paragraph 2, but also on the clause establishing the scope of the Convention's
implementation, because its effect is to alter the law applicable to actions of a
State's armed forces which violate international law. As a result, this is a reservation
which runs counter to the interests safeguarded by the Convention, and to the Convention's
object and purpose.
The Government of the Kingdom of Spain wishes to recall that, according to the provision
of international law codified in the 1969 Vienna Convention on the Law of Treaties,
reservations incompatible with the object and purpose of a treaty are prohibited.
Consequently, the Kingdom of Spain objects to Egypt's reservation to article 19, paragraph
2, of the International Convention for the Suppression of Terrorist Bombings.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of Spain and the Arab Republic of Egypt.
Bezwaar Italië, 14-08-2006
The Government of Italy has examined the reservations made by the Government of the
Arab Republic of Egypt upon ratification of the International Convention for the Suppression
of Terrorism Bombings, according to which 1) The Government of the Arab Republic of
Egypt declares that it shall be bound by article 6, paragraph 5, of the Convention
to the extent that national legislation of States Parties is not incompatible with
relevant norms and principles of international law. 2) The Government of the Arab
Republic of Egypt declares that it shall be bound by article 19, paragraph 2, of the
Convention to the extent that the armed forces of a State, in article 19, paragraph
2, of the Convention to the extent that the armed forces of a State, in the exercise
of their duties, do not violate the norms and principles of international law.
The Government of Italy considers the reservations to be contrary to the terms of
article 5 of the Convention, according to which the States Parties are under an obligation
to adopt such measures as may be necessary, including, where appropriate, domestic
legislation, to ensure that criminal acts within the scope of the Convention are under
no circumstances justifiable by considerations of a political, philosophical, ideological,
racial, ethnic, religious or other similar nature.
The Government of Italy wishes to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties.
The Government of Italy therefore objects to the reservations made by the Arab Republic
of Egypt to the International Convention for the Suppression of Terrorist Bombings.
This objection shall not preclude the entry into force of the Convention between the
Arab Republic of Egypt and Italy. The Convention enters into force between the Arab
Republic of Egypt and Italy without the Arab Republic of Egypt benefiting from its
reservations.
Bezwaar Nederlanden, het Koninkrijk der, 14-08-2006
The Government of the Kingdom of the Netherlands has examined the declaration relating
to article 19, paragraph 2, of the International Convention for the Suppression of
Terrorist Bombings made by the Government of the Arab Republic of Egypt at the time
of its ratification of the Convention.
In the view of the Government of the Kingdom of the Netherlands this declaration made
by the Government of Egypt seeks to extend the scope of the Convention on a unilateral
basis to include the armed forces of a State to the extent that they fail to meet
the test that they 'do not violate the rules and principles of international law'.
Otherwise such activities would be excluded from the application of the Convention
by virtue of article 19, paragraph 2.
The Kingdom of the Netherlands is of the opinion that the Government of Egypt is entitled
to make such a declaration, only to the extent that Egypt will apply the terms of
the Convention in circumstances going beyond those required by the Convention to their
own armed forces. The declaration of the Government of Egypt will have no effect in
respect of the obligations of the Kingdom of the Netherlands under the Convention
or in respect to the application of the Convention to the armed forces of the Kingdom
of the Netherlands.
This statement shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and the Arab Republic of Egypt.
Bezwaar Frankrijk, 15-08-2006
The Government of the French Republic has examined the reservation made by the Government
of the Arab Republic of Egypt upon its ratification of the International Convention
for the Suppression of Terrorist Bombings of 15 December 1997. Pursuant to that reservation,
the Government of the Arab Republic of Egypt declares that it is bound by article
19, paragraph 2, of the Convention only insofar as the military forces of the State,
in the exercise of their duties, do not violate the rules and principles of international
law. However, the relevant portion of article 19, paragraph 2, of the Convention states
that: "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".
The Government of the French Republic considers that the effect of the reservation
made by the Government of the Arab Republic of Egypt is to bring within the scope
of the Convention activities undertaken by a State's armed forces which do not belong
there because they are covered by other provisions of international law. As a result,
the reservation substantially alters the meaning and scope of article 19, paragraph
2 of the Convention. The Government of the French Republic objects to the reservation,
which is incompatible with the object and purpose of the Convention. This objection
shall not preclude the entry into force of the Convention between France and Egypt.
Bezwaar Verenigde Staten van Amerika, 16-08-2006
The Government of the United States of America has examined the declaration, described
as a reservation, relating to article 19, paragraph 2 of the International Convention
for the Suppression of Terrorist Bombings made by the Government of the Arab Republic
of Egypt at the time of its ratification of the Convention.
The declaration appears to purport to extend the scope of application of the Convention
to include the armed forces of a State, to the extent that those forces fail to meet
the test that they 'do not violate the rules and principles of international law'.
Such activities would otherwise be excluded from the application of the Convention
by virtue of article 19, paragraph 2. It is the opinion of the United States that
the Government of Egypt is entitled to make such a declaration only insofar as the
declaration constitutes a unilateral declaration by the Government of Egypt that Egypt
will apply the terms of the Convention in circumstances going beyond those required
by the Convention to its own armed forces on a unilateral basis. The United States
considers this to be the effect of the declaration made by Egypt. However, in the
view of the United States, Egypt cannot by a unilateral declaration extend the obligations
of the United States or any country other than Egypt under the Convention beyond those
obligations set out in the Convention without the express consent of the United States
or other countries. To avoid any doubt, the United States wishes to make clear that
it does not consent to Egypt's declaration. Moreover, the United States does not consider
the declaration made by the Government of Egypt to have any effect in respect of the
obligations of the United States under the Convention or in respect of the application
of the Convention to the armed forces of the United States. The United States thus
regards the Convention as entering into force between the United States and Egypt
subject to a unilateral declaration made by the Government of Egypt, which applies
only to the obligations of Egypt under the Convention and only in respect of the armed
forces of Egypt.
Bezwaar Canada, 14-09-2006
The Government of Canada has examined the declaration, described as a reservation,
relating to article 19, paragraph 2 of the International Convention for the Suppression
of Terrorist Bombings made by the Government of the Arab Republic of Egypt at the
time of its ratification of the Convention.
The declaration appears to extend the scope of the application of the Convention to
include the armed forces of a State, in the exercise of their duties, to the extent
that those armed forces violate the rules and principles of international law. Such
activities would otherwise be excluded from the application of the Convention by virtue
of article 19, paragraph 2.
The Government of Canada considers the effect of the declaration to be a unilateral
extension of the terms of the Convention by the Government of the Arab Republic of
Egypt to apply only to the armed forces of the Arab Republic of Egypt in circumstances
going beyond those required by the Convention. The Arab Republic of Egypt cannot by
unilateral declaration extend the obligations of Canada under the Convention beyond
those set out in the Convention. Canada does not consider the declaration made by
the Government of the Arab Republic of Egypt to have any effect in respect of the
obligations of Canada under the Convention or in respect of the application of the
Convention to the armed forces of Canada.
The Government of Canada thus regards the Convention as entering into force between
Canada and the Arab Republic of Egypt subject to a unilateral declaration made by
the Government of the Arab Republic of Egypt, which applies only to the obligations
of the Arab Republic of Egypt under the Convention and only in respect of the armed
forces of the Arab Republic of Egypt.
Bezwaar Russische Federatie, 14-11-2006
The Russian Side has considered the reservation to Article 19 (2) of the International
Convention for the Suppression of Terrorist Bombings made by the Arab Republic of
Egypt upon ratification of the Convention.
The objective of this reservation is to extend the scope of application of the Convention
and to cover armed forces of the States Parties, if they violate "norms and principles
of international law"in the exercise of their official duties.
The Russian side regards this reservation of Egypt as unilateral obligation of Egypt
to apply the Convention to its own armed forces if they in the exercise of their official
duties go beyond the scope of the norms and principles of international law.
The Russian side proceeds from the understanding that Egypt does not have right to
unilaterally impose additional obligations on other Parties to the Convention without
their explicit consent through formulating its reservation.
The Russian side does not recognize the extension of the Convention to include activities
of armed forces of the States Parties except for Egypt, which according to Article
19 (2) are explicitly excluded from the scope of application of the Convention. Thus
the Convention applies in relations between the Russian Federation and the Arab Republic
of Egypt with the reservation of Egypt, which stipulates only obligations of Egypt
and is applicable to its armed forces.
El Salvador
15-05-2003
With regard to article 6, paragraph 3, the Government of the Republic of El Salvador,
gives notification that it has established its jurisdiction under its domestic law
in respect of the offences committed in the situations and under the conditions mentioned
in article 6, paragraph 2, of the Convention.
... with regard to article 20, paragraph 2, the Republic of El Salvador declares that
it does not consider itself bound by paragraph 1 of the said article because it does
not recognize the compulsory jurisdiction of the International Court of Justice.
Estland
10-04-2002
.....pursuant to article 6, paragraph 3 of the Convention, the Republic of Estonia declares that in its domestic law it shall apply the jurisdiction set forth in article 6 paragraph 2 over offences set forth in article 2.
Ethiopië
16-04-2003
The Government of the Federal Democratic Republic of Ethiopia does not consider itself bound by the aforementioned provision of the Convention, under which any dispute between two or more States Parties concerning the interpretation or application of the Convention shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that disputes concerning the interpretation or application of the Convention would be submitted to arbitration or to the Court only with the prior consent of all the parties concerned.
Finland
28-05-2002
Pursuant to article 6 (3) of the International Convention for the Suppression of Terrorist Bombings, the Republic of Finland establishes its jurisdiction over the offences set forth in article 2 in all the cases provided for in article 6, paragraphs 1, 2 and 4.
Hongarije
13-11-2001
The Government of the Republic of Hungary declares that, in relation to Article 6, paragraph 3 of the International Convention for the Suppression of Terrorist Bombings, the Republic of Hungary, pursuant to its Criminal Code, has jurisdiction over the crimes set out in Article 2 of the Convention in the cases provided for in Article 6, paragraphs 1 and 2 of the Convention.
IJsland
15-04-2002
Pursuant to article 6, paragraph 3, of the International Convention for the Suppression of Terrorist Bombings, Iceland declares that it has established its jurisdiction over the offences set forth in article 2 of the Convention in all the cases provided for in article 6, paragraph 2, of the Convention.
India
22-09-1999
In accordance with Article 20 (2), the Government of the Republic of India hereby declares that it does not consider itself bound by the provisions of Article 20 (1) of the Convention.
Indonesië
29-06-2006
The Government of the Republic of Indonesia declares that the provisions of Article
6 of the International Convention for the Suppression of Terrorist Bombings will have
to be implemented in strict compliance with the principles of the sovereignty and
territorial integrity of States."
The Government of the Republic of Indonesia does not consider itself bound by the
provision of Article 20 and takes the position that dispute relating to the interpretation
and application on the Convention which cannot be settled through the channel provided
for in Paragraph (1) of the said Article, may be referred to the International Court
of Justice only with the consent of all the Parties to the dispute.
Israël
10-02-2003
The Government of the State of Israel understands Article 1, paragraph 4, of the Convention
for the Suppression of Terrorist Bombings, in the sense that the term "military forces
of a State" includes police and security forces operating pursuant to the internal
law of the State of Israel.
Pursuant to Article 6 paragraph 3 of the International Convention for the Suppression
of Terrorist Bombings, the Government of the State of Israel hereby notifies the Secretary-General
of the United Nations that it has established jurisdiction over the offences referred
to in Article 2 in all the cases detailed in Article 6 paragraph 2.
The Government of the State of Israel understands that the term "international humanitarian
law"referred to in Article 19, of the Convention has the same substantive meaning
as the term "the laws of war"( "jus in bello"). This body of laws does not include
the provisions of the protocols additional to the Geneva Conventions of 1977 to which
the State of Israel is not a Party.
The Government of the State of Israel understands that under Article 1 paragraph 4
and Article 19 the Convention does not apply to civilians who direct or organize the
official activities of military forces of a state.
Pursuant to Article 20, paragraph 2 of the Convention, the State of Israel does not
consider itself bound by the provisions of Article 20, paragraph 1 of the Convention.
Bezwaar Zweden, 30-01-2004
The Government of Sweden has examined the declaration made by Israel regarding article
19 of the International Convention for the Suppression of Terrorist Bombings, whereby
Israel intends to exclude the Protocols Additional to the Geneva Conventions from
the term international humanitarian law.
The Government of Sweden recalls that the designation assigned to a statement whereby
the legal effect of certain provisions of a treaty is excluded or modified does not
determine its status as a reservation to the treaty. The Government of Sweden considers
that the declaration made by Israel in substance constitutes a reservation.
It is the view of the Government of Sweden that the majority of the provisions of
the Protocols Additional to the Geneva Conventions constitute customary international
law, by which Israel is bound. In the absence of further clarification, Sweden therefore
objects to the aforesaid reservation by Israel to the International Convention for
the Suppression of Terrorist Bombings.
This objection shall not preclude the entry into force of the Convention between Israel
and Sweden. The Convention enters into force in its entirety between the two States,
without Israel benefiting from this reservation.
Jamaica
09-08-2005
... Jamaica has established jurisdiction over the offences set forth in Article 2,
with respect tot the jurisdiction stated in Article 6(2) (d) which states:
'A State Party may establish jurisdiction over any such offence when:
... (d) The offence is committed in an attempt to compel that State to do or abstain
form doing any act;'...
Koeweit
19-04-2004
... the reservation to its paragraph (a) of article (20) and the declaration of non-compliance to its provisions.
Laos
22-08-2002
In accordance with paragraph 2, Article 20 of the International Convention for the Suppression of Terrorist Bombings, the Lao People's Democratic Republic does not consider itself bound by paragraph 1, article 20 of the present Convention. The Lao People's Democratic Republic declares that to refer a dispute relating to interpretation and application of the present Convention to arbitration or International Court of Justice, the agreement of all parties concerned in the dispute is necessary.
Letland
25-11-2002
In accordance with Article 6, paragraph 3 of the International Convention for the Suppression of Terrorist Bombings, opened for signature at New York on the 12th day of January 1998, the Republic of Latvia declares that it has established jurisdiction in all cases listed in Article 6, paragraph 2.
Litouwen
17-03-2004
... the Seimas of the Republic of Lithuania declares that the Republic of Lithuania establishes the jurisdiction for the offences provided in Article 2 of the Convention in all cases described in paragraph 2 of Article 6 of the said Convention.
Maleisië
24-09-2003
1. The Government of Malaysia understands the phrase "Military forces of a State"
in Article 1 (4) of the Convention to include the national contingents of Malaysia
operating as part of United Nations forces.
2. [...]
3. The Government of Malaysia understands Article 8 (1) of the Convention to include
the right of the competent authorities to decide not to submit any particular case
for prosecution before the judicial authorities if the alleged offender is dealt with
under national security and preventive detention laws.
4. (a) Pursuant to Article 20 (2) of the Convention, the Government of Malaysia declares
that it does not consider itself bound by Article 20 (1) of the Convention; and
(b) the Government of Malaysia reserves the right specifically to agree in a particular
case to follow the arbitration procedure set forth in Article 20 (1) of the Convention
or any other procedure for arbitration.
Bezwaar Nederlanden, het Koninkrijk der, 02-11-2004
The Government of the Kingdom of the Netherlands has examined the declaration relating
to the International Convention for the suppression of terrorist bombings made by
the Government of Malaysia at the time of its accession to the Convention.
The Government of the Kingdom of the Netherlands considers that in making the interpretation
and application of Article 8 of the Convention subject to the national legislation
of Malaysia, the Government of Malaysia is formulating a general and indefinite reservation
that makes it impossible to identify the changes to the obligations arising from the
Convention that it is intended to introduce. The Government of the Kingdom of the
Netherlands therefore considers that a reservation formulated in this way is likely
to contribute to undermining the basis of international treaty law.
For these reasons, the Government of the Kingdom of the Netherlands hereby objects
to this declaration which it considers to be a reservation that is incompatible with
the object and purpose of the Convention.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Malaysia.
Bezwaar Duitsland, 03-11-2004
The Government of the Federal Republic of Germany has examined the declaration relating
to the Convention for the suppression of terrorist bombings made by the Government
of Malaysia at the time of its accession to the Convention.
The Government of the Federal Republic of Germany considers that in making the interpretation
and application of Article 8 of the Convention subject to the national legislation
of Malaysia, the Government of Malaysia introduces a general and indefinite reservation
that makes it impossible to clearly identify in which way the Government of Malaysia
intends to change the obligations arising from the Convention.
Therefore the Government of the Federal Republic of Germany hereby objects to this
declaration which is considered to be a reservation that is incompatible with the
object and purpose of the Convention. This objection shall not preclude the entry
into force of the Convention between the Federal Republic of Germany and Malaysia.
24-09-2003
In accordance with Article 6 (3) of the Convention, the Government of Malaysia declares that it has established jurisdiction in accordance with its domestic laws over the offences set forth in Article 2 of the Convention in all the cases provided for in Article 6 (1) and 6 (2).
Mexico
24-02-2003
... in accordance with article 6, paragraph 3, of the Convention, Mexico exercises
jurisdiction over the offences defined in the Convention where:
(a) They are committed against Mexicans in the territory of another State party, provided
that the accused is in Mexico and has not been tried in the country in which the offence
was committed. Where it is a question of offences defined in the Convention but committed
in the territory of a non-party State, the offence shall also be defined as such in
the place where it was committed (art. 6, para. 2 (a));
(b) They are committed in Mexican embassies and on diplomatic or consular premises
(art. 6, para. 2 (b));
(c) They are committed abroad but produce effects or are claimed to produce effects
in the national territory (art. 6, para. (d)).
Moldavië
10-10-2002
1. [...]
2. The Republic of Moldova declares its understanding that the provisions of article
12 of the International Convention for the Suppression of Terrorist Bombings should
be implemented in such a way as to ensure the inevitability of responsibility for
the commission of offenses falling within the scope of the Convention, without prejudice
to the effectiveness of the international cooperation on the questions of extradition
and legal assistance.
3. Pursuant to article 20, paragraph 2 of the International Convention for the Suppression
of Terrorist Bombings, the Republic of Moldova declares that it does not consider
itself bound by the provisions of article 20, paragraph 1 of the Convention.
Pursuant to article 6, paragraph 3 of the International Convention for the Suppression
of Terrorist Bombings, the Republic of Moldova establishes its jurisdiction over the
offences set forth in article 2 in cases provided for in article 6, paragraphs 1 and
2.
Monaco
06-09-2001
The Principality declares that, in accordance with the provisions of article 6, paragraph 3, of the International Convention for the Suppression of Terrorist Bombings, it establishes its jurisdiction over the acts recognized as offences within the meaning of article 2 of the Convention, in the cases set forth in article 6, paragraphs 1 and 2, of the Convention.
Mozambique
14-01-2003
The Republic of Mozambique does not consider itself bound by the provisions of article
20 paragraph 1 of the Convention.
In this connection, the Republic of Mozambique states that, in each individual case,
the consent of all Parties to such a dispute is necessary for the submission of the
dispute to arbitration or to the International Court of Justice.
Furthermore, the Republic of Mozambique declare that:
The Republic of Mozambique, in accordance with its Constitution and domestic laws,
may not and will not extradite Mozambique citizens. Therefore, Mozambique citizens
will be tried and sentenced in national courts.
Myanmar
12-11-2001
The Government of the Union of Myanmar, having considered the Convention aforesaid, hereby declares that it accedes to the same with reservation on Article 20 (1) and does not consider itself bound by the provision set forth in the said Article.
Nederlanden, het Koninkrijk der
07-02-2002
The Kingdom of the Netherlands understands Article 8, paragraph 1, of the International Convention for the Suppression of Terrorist Bombings to include the right of the competent judicial authorities to decide not to prosecute a person alleged to have committed such an offence, if, in the opinion of the competent judicial authorities, grave considerations of procedural law indicate that effective prosecution will be impossible.
08-02-2005
Confirmation of declaration of 7 February 2002 for Aruba.
22-03-2010
Confirmation of declaration of 7 February 2002 for the Netherlands Antilles.
Nieuw-Zeeland
04-11-2002
With a territorial exclusion with respect to Tokelau to the effect that:
... consistent with the constitutional status of Tokelau and taking into account the
commitment of the Government of New Zealand to the development of self-government
for Tokelau through an act of self-determination under the Charter of the United Nations,
this accession shall not extend to Tokelau unless and until a Declaration to this
effect is lodged by the Government of New Zealand with the Depositary on the basis
of appropriate consultations with that territory.
Oekraïne
26-03-2002
The provisions of article 19, paragraph 2, do not preclude Ukraine from exercising its jurisdiction over the members of military forces of a state and their prosecution, should their actions be illegal. The Convention will be applied to the extent that such activities are not governed by other rules of international law.
21-05-2002
Ukraine excercises its jurisdiction over the offences set forth in article 2 of the Convention in cases provided for in paragraph 2 article 6 of the Convention.
20-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above [Convention], as applied to the aforementioned occupied and uncontrolled
territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the [Convention] regarding the possibility of direct communication
or interaction do not apply to the territorial organs of Ukraine in the Autonomous
Republic of Crimea and the city of Sevastopol, as well as in certain districts of
the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control
of Ukraine. The procedure of the relevant communication is determined by the central
authorities of Ukraine in Kyiv.
04-03-2022
… Ukraine … is unable to guarantee full implementation of its obligations [under the above Convention] due to the Armed aggression of the Russian Federation and with the imposition of martial law until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of Ukraine.
20-11-2023
[The aforementioned treaty is] implemented on the territory of Ukraine in full, with
the exception of the territories where hostilities are (were) conducted, or temporarily
occupied by the Russian Federation, on which it is impossible to fully guarantee the
Ukrainian Party’s fulfillment of its obligations under [this treaty] as a result of
the armed aggression of the Russian Federation against Ukraine, as well as the introduction
of martial law on the territory of Ukraine until the complete cessation of encroachment
on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text ...
Oezbekistan
15-05-2000
The Republic of Uzbekistan has established its jurisdiction over the crimes set out in article 2 under all the conditions stipulated in article 6, paragraph 2, of the Convention.
Pakistan
13-08-2002
The Government of the Islamic Republic of Pakistan declares that nothing in this Convention shall be applicable to struggles, including armed struggle, for the realization of right of self-determination launched against any alien or foreign occupation or domination, in accordance with the rules of international law. This interpretation is consistent with Article 53 of the Vienna Convention on the Law of Treaties 1969 which provides that an agreement or treaty concluded in conflict with an existing jus cogen or preemptory norm of international law is void and, the right of self-determination is universally recognized as a jus cogen.
Bezwaar Spanje, 23-01-2003
The Government of the Kingdom of Spain has considered the declaration made by the
Islamic Republic of Pakistan in respect of the International Convention for the Prevention
of Terrorist Bombings (New York, 15 December 1997) at the time of its ratification
of the Convention.
The Government of the Kingdom of Spain considers this declaration to constitute a
de facto reservation the aim of which is to limit unilaterally the scope of the Convention.
This is incompatible with the object and purpose of the Convention, which is the repression
of terrorist bombings, by whomever and wherever they may be carried out.
In particular, the declaration by the Government of the Islamic Republic of Pakistan
is incompatible with the spirit of article 5 of the Convention, which establishes
the obligation for all States Parties to adopt "such measures as may be necessary,
including, where appropriate, domestic legislation, to ensure that criminal acts within
the scope of this Convention [ ... ] 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."
The Government of the Kingdom of Spain wishes to point out that, under customary international
law, as codified in the 1969 Vienna Convention on the Law of Treaties, reservations
that are incompatible with the object and purpose of treaties are not permitted.
Consequently, the Government of Spain objects to the aforementioned declaration by
the Islamic Republic of Pakistan to the International Convention for the Prevention
of Terrorist Bombings.
This objection does not prevent the entry into force of the aforementioned Convention
between the Kingdom of Spain and the Islamic Republic of Pakistan.
Bezwaar Frankrijk, 03-02-2003
The Government of the French Republic has considered the declaration made by the Government of the Islamic Republic of Pakistan, in ratifying the International Convention for the Suppression of Terrorist Bombings of 15 December 1997, that 'nothing in this Convention shall be applicable to struggles, including armed struggle, for the realization of self-determination launched against any alien or foreign occupation or domination, in accordance with international law'. The aim of the Convention is to suppress all terrorist bombings, and article 5 states that 'each State Party shall adopt such measures as may be necessary ( ... ) to ensure that criminal acts within the scope of this Convention ( ... ) 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'. The Government of the French Republic considers that the above declaration constitutes a reservation, to which it objects.
Bezwaar Nederlanden, het Koninkrijk der, 20-02-2003
The Government of the Kingdom of the Netherlands has examined the declaration made
by the Government of the Islamic Republic of Pakistan at the time of its accession
to the International Convention for the suppression of terrorist bombings.
The Government of the Kingdom of the Netherlands considers that the declaration made
by Pakistan is in fact a reservation that seeks to limit the scope of the Convention
on a unilateral basis and is therefore contrary to its object and purpose, which is
the suppression of terrorist bombings, irrespective of where they take place and of
who carries them out.
The declaration is furthermore contrary to the terms of Article 5 of the Convention,
according to which States Parties commit themselves to "adopt such measures as may
be necessary, including, where appropriate, domestic legislation, to ensure that criminal
acts within the scope of this Convention 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".
The Government of the Kingdom of the Netherlands recalls that, according to Article
19 (c) the Vienna Convention on the law of treaties, a reservation incompatible with
the object and purpose of the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
reservation made by the Government of Pakistan to the International Convention for
the suppression of terrorist bombings. This objection shall not preclude the entry
into force of the Convention between the Kingdom of the Netherlands and Pakistan.
Bezwaar Denemarken, 18-03-2003
The Government of the Kingdom of Denmark considers that the declaration made by Pakistan
is in fact a reservation that seeks to limit the scope of the Convention on a unilateral
basis and is therefore contrary to its objective and purpose, which is the suppression
of terrorist bombings, irrespective of where they take place and of who carries them
out.
The declaration is furthermore contrary to the terms of Article 5 of the Convention,
according to which States Parties commit themselves to "adopt such measures as may
be necessary, including, where appropriate, domestic legislation, to ensure that criminal
acts within the scope of this Convention (...) are under no circumstances justifiable
by considerations of a political, philosophical, ideological, racial, ethnic, religious
or similar nature and are punished by penalties consistent with their grave nature".
The Government of the Kingdom of Denmark recalls that, according to Article 19 C of
the Vienna Convention on the law of treaties, a reservation incompatible with the
object and purpose of the Convention shall not be permitted.
It is in the common interest of States that all parties respect treaties to which
they have chosen to become party, as to their object and purpose, and that States
are prepared to undertake any legislative changes necessary to comply with their obligations
under the treaties.
The Government of the Kingdom of Denmark therefore objects to the aforesaid reservation
made by the Government of Pakistan to the International Convention for the suppression
of terrorist bombings. This objection shall not preclude the entry into force of the
Convention between the Kingdom of Denmark and Pakistan.
Bezwaar Verenigd Koninkrijk, 28-03-2003
The Government of the United Kingdom of Great Britain and Northern Ireland have examined
the Declaration made by the Government of Pakistan at the time of its accession to
the International Convention for the Suppression of Terrorist Bombings 1997. The Government
of the United Kingdom consider the declaration made by Pakistan to be a reservation
that seeks to limit the scope of the Convention on a unilateral basis and which is
contrary to its object and purpose, namely the suppression of terrorist bombings,
irrespective of where they take place and of who carries them out.
The Government of the United Kingdom further consider the Declaration to be contrary
to the terms of Article 5 of the Convention, according to which States Parties commit
themselves to "adopt such measures as may be necessary, including, where appropriate,
domestic legislation, to ensure that criminal acts within the scope of this Convention...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".
The Government of the United Kingdom recall that, according to Article 19(c) of the
Vienna Convention on the Law of Treaties, a reservation incompatible with object and
purpose of the Convention shall not be permitted.
The Government of the United Kingdom therefore object to the aforesaid reservation
made by the Government of Pakistan to the International Convention for the Suppression
of Terrorist Bombings. However, this objection shall not preclude the entry into force
of the Convention between the United Kingdom and Pakistan.
Bezwaar India, 03-04-2003
The Government of the Republic of India have examined the Declaration made by the
Government of the Islamic Republic of Pakistan at the time of its accession to the
International Convention for the Suppression of Terrorist Bombings 1997.
The Government of the Republic of India consider that the Declaration made by Pakistan
is, in fact, a reservation that seeks to limit the scope of the Convention on a unilateral
basis and it is, therefore, incompatible with the object and purpose of the Convention
which is the suppression of terrorist bombings, irrespective of where they take place
and who carries them out.
The Government of India consider the Declaration to be, furthermore, contrary to the
terms of Article 5 of the Convention, according to which States Parties commit themselves
to "adopt such measures as may be necessary, including, where appropriate, domestic
legislation, to ensure that criminal acts within the scope of this Convention ...
are under no circumstances justifiable by considerations of their political, philosophical,
ideological, racial, ethnic, religious or other similar nature and are punished by
penalties consistent with their grave nature".
The Government of India consider that the above Declaration constitutes a reservation
which is incompatible with the object and purpose of the International Convention
for the Suppression of Terrorist Bombings.
The Government of India recall that, according to Article 19 (c) of the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose of
the Convention shall not be permitted.
The Government of India therefore object to the aforesaid reservation made by the
Government of Pakistan to the International Convention for the Suppression of Terrorist
Bombings.
This objection shall not preclude the entry into force of the Convention between India
and Pakistan.
Bezwaar Oostenrijk, 14-04-2003
The Government of Austria has examined the declaration made by the Government of the
Islamic Republic of Pakistan at the time of its accession to the International Convention
for the suppression of terrorist bombings.
The Government of Austria considers that the declaration made by the Government of
the Islamic Republic of Pakistan is in fact a reservation that seeks to limit the
scope of the Convention on a unilateral basis and is therefore contrary to its objective
and purpose, which is the suppression of terrorist bombings, irrespective of where
they take place and of who carries them out.
The declaration is furthermore contrary to the terms of Article 5 of the Convention,
according to which States Parties commit themselves to "adopt such measures as may
be necessary, including, where appropriate, domestic legislation, to ensure that criminal
acts within the scope of this Convention (...) are under no circumstance 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."
The Government of Austria recalls that according to customary international law as
codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Austria therefore objects to the aforesaid reservation made by the
Government of the Islamic Republic of Pakistan to the International Convention for
the suppression of terrorist bombings.
This objection shall not preclude the entry into force of the Convention between Austria
ans the Islamic Republic of Pakistan.
Bezwaar Duitsland, 23-04-2003
The Government of the Federal Republic of Germany has examined the "declaration" to
the International Convention of the Suppression of Terrorist Bombings made by the
Government of the Islamic Republic of Pakistan at the time of its accession to the
Convention.
The Government of the Federal Republic of Germany considers that the declaration made
by Pakistan is in fact a reservation that seeks to limit the scope of the Convention
on a unilateral basis and is therefore contrary to its objective and purpose, which
is the suppression of terrorist bombings, irrespective of where they take place and
of who carries them out.
The declaration is furthermore contrary to the terms of Article 5 of the Convention,
according to which States Parties commit themselves to "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
political, philosophical, ideological, racial, ethnic, religious or similar nature
and are punished by penalties consistent with their grave nature."
The Government of the Federal Republic of Germany therefore objects to the aforesaid
reservation made by the Government of Pakistan to the International Convention for
the Suppression of Terrorist Bombings.
This objection shall not preclude the entry into force of the Convention between the
Federal Republic of Germany and Pakistan.
Bezwaar Israël, 28-05-2003
The Permanent Mission of the State of Israel to the United Nations presents its compliments
to the Secretary-General of the United Nations and has the honour to refer to the
declaration of Pakistan at the time of its accession to the International Convention
for the Suppression of Terrorist Bombings, 1997.
The Government of the State of Israel considers that declaration to be, in fact, a
reservation incompatible with the object and purpose of the Convention, as expressed
in Article 5 thereof.
The Government of the State of Israel recalls that, according to Article 19 (c) of
the Vienna Convention on the Law of Treaties, a reservation incompatible with the
object and purpose of the Convention shall not be permitted.
The Government of the State of Israel therefore objects to the aforesaid reservation
made by the Government of Pakistan.
Bezwaar Italië, 03-06-2003
The Government of Italy has examined the "declaration" to the International Convention
of the Suppression of Terrorist Bombings made by the Government of the Islamic Republic
of Pakistan at the time of its accession to the Convention.
The Government of Italy considers that the declaration made by Pakistan is in fact
a reservation that seeks to limit the scope of the Convention on a unilateral basis
and is therefore contrary to its objective and purpose, which is the suppression of
terrorist bombings, irrespective of where they take place and of who carries them
out.
The declaration is furthermore contrary to the term of Article 5 of the Convention,
according to which States Parties commit themselves to "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
political, philosophical, ideological, racial, ethnic, religious or similar nature
and are punished by penalties consistent with their grave nature.
The Government of Italy therefore objects to the aforesaid reservation made by the
Government of Pakistan to the International Convention for the Suppression of Terrorist
Bombings.
This objection shall not preclude the entry into force of the Convention between Italy
and Pakistan.
Bezwaar Zweden, 04-06-2003
The Government of Sweden has examined the declaration made by the Government of the
Islamic Republic of Pakistan upon acceding to the International Convention for the
Suppression of Terrorist Bombings (the Convention).
The Government of Sweden recalls that the name assigned to a statement, whereby the
legal effect of certain provisions of a treaty is excluded or modified, does not determine
its status as a reservation to the treaty. The Government of Sweden considers that
the declaration made by Pakistan to the Convention in substance constitutes a reservation.
The Government of Sweden notes that the Convention is being made subject to a general
reservation. This reservation does not clearly specify the extent of the derogation
from the Convention and it raises serious doubts as to the commitment of Pakistan
to the object and purpose of the Convention.
The declaration is furthermore contrary to the terms of article 5 of the Convention,
according to which States Parties commit themselves to "adopt such measures as may
be necessary, including, where appropriate, domestic legislation, to ensure that criminal
acts within the scope of this Convention (...) are under no circumstances justifiable
by considerations of a political, philosophical, ideological, racial, ethnic, religious
or similar nature and are punished by penalties consistent with their grave nature".
The Government of Sweden would like to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Sweden therefore objects to the aforesaid reservation made by the
Government of Pakistan to the International Convention for the Suppression of Terrorist
Bombings.
This objection shall not preclude the entry into force of the Convention between Pakistan
and Sweden. The Convention enters into force in its entirety between the two States,
without Pakistan benefiting from its reservation.
Bezwaar Verenigde Staten van Amerika, 05-06-2003
The Government of the United States of America, after careful review, considers the
declaration made by Pakistan to be a reservation that seeks to limit the scope of
the Convention on a unilateral basis. The declaration is contrary to the object and
purpose of the Convention, namely, the suppression of terrorist bombings, irrespective
of where they take place and who carries them out.
The Government of the United States also considers the declaration to be contrary
to the terms of Article 5 of the Convention, which provides: "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 ... 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."
The Government of the United States notes that, under established principles of international
treaty law, as reflected in Article 19(c) of the Vienna Convention on the Law of Treaties,
a reservation that is incompatible with the object and purpose of the treaty shall
not be permitted.
The Government of the United States therefore objects to the declaration made by the
Government of Pakistan upon accession to the International Convention for the Suppression
of Terrorist Bombings. This objection does not, however, preclude the entry into force
of the Convention between the United States and Pakistan.
Bezwaar Finland, 17-06-2003
The Government of Finland has carefully examined the contents of the interpretative
declaration made by the Government of the Islamic Republic of Pakistan to the International
Convention for the Suppression of Terrorist Bombings.
The Government of Finland is of the view that the declaration amounts to a reservation
as its purpose is to unilaterally limit the scope of the Convention. The Government
of Finland further considers the declaration to be in contradiction with the object
and purpose of the Convention, namely the suppression of terrorist bombings wherever
and by whomever carried out.
The declaration is, furthermore, contrary to the terms of Article 5 of the Convention
according to which State Parties commit themselves to adopt measures as may be necessary
to ensure that criminal acts within the scope of the Convention are under no circumstances
justifiable by considerations of a political, philosophical, ideological, racial,
ethnic, religious or similar nature and are punished by penalties consistent with
their grave nature.
The Government of Finland wishes to recall that, according to the customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
It is in the common interest of states that treaties to which they have chosen to
become parties are respected as to their object and purpose and that states are prepared
to undertake any legislative changes necessary to comply with their obligations under
the treaties.
The Government of Finland therefore objects to the above-mentioned interpretative
declaration made by the Government of the Islamic Republic of Pakistan to the Convention.
This objection does not preclude the entry into force of the Convention between the
Islamic Republic of Pakistan and Finland. The Convention will thus become operative
between the two states without the Islamic Republic of Pakistan benefiting from its
declaration.
Bezwaar Canada, 18-07-2003
The Government of Canada has examined the Declaration made by Pakistan at the time
of its accession to the Convention and considers that the Declaration is, in fact,
a reservation that seeks to limit the scope of the Convention on a unilateral basis
and is contrary to the object and purpose of the Convention which is the suppression
of terrorist bombings, irrespective of where they take place and who carries them
out.
The Government of Canada considers the Declaration to be, furthermore, contrary to
the terms of Article 5 of the Convention, according to which States Parties commit
themselves to "adopt such measures as may be necessary, including, where appropriate,
domestic legislation, to ensure that criminal acts within the scope of this Convention
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".
The Government of Canada considers that the above Declaration constitutes a reservation
which is incompatible with the object and purpose of the International Convention
for the Suppression of Terrorist Bombings.
The Government of Canada recalls that, according to Article 19 (c) of the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose of
the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Canada therefore objects to the aforesaid reservation made by the
Government of the Islamic Republic of Pakistan to the International Convention for
the Suppression of Terrorist Bombings.
This objection shall not preclude the entry into force of the Convention between Canada
and Pakistan.
Bezwaar Australië, 25-07-2003
The Government of Australia has examined the Declaration made by the Government of
Pakistan at the time of its accession to the International Convention for the Suppression
of Terrorist Bombings 1997. The Government of Australia considers the declaration
made by Pakistan to be a reservation that seeks to limit the scope of the Convention
on a unilateral basis and which is contrary to its object and purpose, namely the
suppression of terrorist bombings, irrespective of where they take place and of who
carries them out.
The Government of Australia further considers the Declaration to be contrary to the
terms of Article 5 of the Convention, according to which States Parties commit themselves
to "adopt such measures as may be necessary, including, where appropriate, domestic
legislation, to ensure that criminal acts within the scope of this Convention ...
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".
The Government of Australia recalls that, according to Article 19(c) of the Vienna
Convention on the Law of Treaties, a reservation incompatible with the object and
purpose of the Convention shall not be permitted.
The Government of Australia objects to the aforesaid reservation made by the Government
of Pakistan to the International Convention for the Suppression of Terrorist Bombings.
However, this objection shall not preclude the entry into force of the Convention
between Australia and Pakistan.
Bezwaar Japan, 04-08-2003
... [The Permanent Mission of Japan] has the honour to make the following declaration
on behalf of the Government of Japan.
When depositing its Instrument of Accession, the Government of the Islamic Republic
of Pakistan made a declaration which reads as follows:
"The Government of the Islamic Republic of Pakistan declares that nothing in this
Convention shall be applicable to struggles, including armed struggle, for the realization
of right of self-determination launched against any alien or foreign occupation or
domination, in accordance with the rules of international law. This interpretation
is consistent with Article 53 of the Vienna Convention on the Law of Treaties 1969
which provides that an agreement or treaty concluded in conflict with an existing
jus cogen or preemptory norm of international law is void and, the right of self-determination
is universally recognized as a jus cogen."
In this connection, the Government of Japan draws attention to the provisions of Article
5 of the Convention, according to which 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.
The Government of Japan considers that the declaration made by the Islamic Republic
of Pakistan seeks to exclude struggles, including armed struggle, for the realization
of right of self-determination launched against any alien or foreign occupation or
domination from the application of the Convention and that such declaration constitutes
a reservation which is incompatible with the object and purpose of the Convention.
The Government of Japan therefore objects to the aforementioned reservation made by
the Islamic Republic of Pakistan.
Bezwaar Nieuw-Zeeland, 12-08-2003
The Government of New Zealand has carefully examined the declaration made by the Government
of Pakistan at the time of its accession to the International Convention for the Suppression
of Terrorist Bombings 1997.
The Government of New Zealand considers the declaration made by Pakistan to be a reservation
that seeks to limit the scope of the Convention on a unilateral basis and which is
contrary to its object and purpose, namely the suppression of terrorist bombings,
irrespective of where they take place and who carries them out.
The Government of New Zealand further considers the declaration to be contrary to
the terms of article 5 of the Convention, according to which States Parties commit
themselves to "adopt such measures as may be necessary, including, where appropriate,
domestic legislation, to ensure that criminal acts within the scope of this Convention...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".
The Government of New Zealand recalls that, according to article 19 (c) of the Vienna
Convention on the Law of Treaties, a reservation incompatible with the object and
purpose of the Convention shall not be permitted.
The Government of New Zealand therefore objects to the reservation made by the Government
of Pakistan to the International Convention for the Suppression of Terrorist Bombings
1997. This objection does not, however, preclude the entry into force of the Convention
between New Zealand and Pakistan.
Bezwaar Noorwegen, 05-09-2003
The Government of Norway has examined the declaration made by the Government of Pakistan
upon accession to the International Convention for the Suppression of Terrorist Bombings.
The Government of Norway considers the declaration to be a reservation that seeks
to limit the scope of the Convention on a unilateral basis and which is contrary to
its object and purpose, namely the suppression of terrorist bombings, irrespective
of where they take place and of who carries them out.
The declaration is furthermore contrary to the terms of Article 5 of the Convention
according to which State Parties commit themselves to adopt measures as may be necessary
to ensure that criminal acts within the scope of the Convention are under no circumstances
justifiable by considerations of a political, philosophical, ideological, racial,
ethnic, religious or similar nature and are punished by penalties consistent wit their
grave nature.
The Government of Norway recalls that, according to customary international law, a
reservation incompatible with the object and purpose of the Convention shall not be
permitted.
The Government of Norway therefore objects to the aforesaid declaration made by the
Government of Pakistan to the Convention between the Kingdom of Norway and Pakistan.
Bezwaar Russische Federatie, 22-09-2003
The Russian Federation has considered the declaration made by the Islamic Republic
of Pakistan upon accession to the International Convention for the Suppression of
Terrorist Bombings, of 1997.
The Russian Federation takes the position that every State which has agreed to the
binding nature of the provisions of the Convention must adopt such measures as may
be necessary, pursuant to article 5, to ensure that criminal acts which, in accordance
with article 2, are within the scope of the 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.
The Russian Federation notes that the realization of the right of peoples to self-determination
must not conflict with other fundamental principles of international law, such as
the principle of the settlement of international disputes by peaceful means, the principle
of the territorial integrity of States, and the principle of respect for human rights
and fundamental freedoms.
The Russian Federation believes that the declaration made by the Islamic Republic
of Pakistan upon accession to the International Convention for the Suppression of
Terrorist Bombings is incompatible with the object and purpose of the Convention.
In the view of the Russian Federation, the declaration made by the Islamic Republic
of Pakistan may jeopardize the fulfilment of the provisions of the Convention in relations
between the Islamic Republic of Pakistan and other States Parties and thereby impede
cooperation in combating acts of terrorist bombing. It is in the common interest of
States to develop and strengthen cooperation in formulating and adopting effective
practical measures to prevent terrorist acts and punish the perpetrators.
The Russian Federation, once again declaring its unequivocal condemnation of all acts,
methods and practices of terrorism as criminal and unjustified, regardless of their
motives and in all their forms and manifestations, wherever and by whomever they are
perpetrated, calls upon the Islamic Republic of Pakistan to reconsider its position
and withdraw the declaration.
Bezwaar Moldavië, 06-10-2003
The Government of the Republic of Moldova has examined the declaration made by the
Government of the Islamic Republic of Pakistan at the time of its accession to the
International Convention for the Suppression of Terrorist Bombings 1997.
The Government of the Republic of Moldova considers that the declaration is, in fact,
a reservation that seeks to limit the scope of the Convention on a unilateral basis
and is therefore contrary to its object and purpose, namely the suppression of terrorist
bombings, irrespective of where they take place and of who carries them out.
The declaration is furthermore contrary to the terms of Article 5 of the Convention,
according to which States Parties commit themselves to "adopt such measures as may
be necessary, including, where appropriate, domestic legislation, to ensure that criminal
acts within the scope of this Convention...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".
The Government of the Republic of Moldova recalls that, according to Article 19 (c)
of the Vienna Convention on the Law of Treaties, a reservation incompatible with the
object and purpose of the Convention shall not be permitted. It is in the common interest
of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, by all parties, and that States are prepared to undertake
any legislative changes necessary to comply with their obligations under the treaties.
The Government of the Republic of Moldova therefore objects to the aforesaid reservation
made by the Government of the Islamic Republic of Pakistan to the International Convention
for the Suppression of Terrorist Bombings.
This objection shall not preclude the entry into force of the Convention between the
Republic of Moldova and the Islamic Republic of Pakistan. The Convention enters into
force in its entirety between the two States, without Pakistan benefiting from its
reservation.
Bezwaar Polen, 03-02-2004
The Government of the Republic of Poland considers that the declaration made by the
Government of the Islamic Republic of Pakistan at the time of its accession to the
International Convention for the Suppression of Terrorist Bombings of 15 December
1997 is in fact a reservation that seeks to limit the scope of the Convention on a
unilateral basis and which is contrary to its object and purpose, namely the suppression
of terrorist bombings, irrespective of where they take place and of who carries them
out.
The Government of the Republic of Poland further considers the declaration to be contrary
to the terms of article 5 of the Convention, according to which each State Party commits
itself to 'adopt such measures as may be necessary, including, where appropriate,
domestic legislation, to ensure that criminal acts within the scope of this Convention
(...) 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'.
The Government of the Republic of Poland wishes to recall that, according to the customary
international law as codified in the Vienna Convention on the Law of Treaties, a reservation
incompatible with the object and purpose of the treaty shall not be permitted.
The Government of the Republic of Poland therefore objects to the aforesaid declaration
made by the Government of the Islamic Republic of Pakistan to the International Convention
for the Suppression of Terrorist Bombings.
This objection shall not, however, preclude the entry into force of the Convention
between the Republic of Poland and the Islamic Republic of Pakistan.
Bezwaar Ierland, 23-06-2006
The Government of Ireland have examined the declaration made by the Government of
the Islamic Republic of Pakistan upon accession to the International Convention for
the Suppression of Terrorist Bombings according to which the Islamic Republic of Pakistan
considers that nothing in this Convention shall be applicable to struggles, including
armed struggles, for the realisation of the right of self-determination launched against
any alien or foreign occupation or domination.
The Government of Ireland are of the view that this declaration amounts to a reservation
as its purpose is to unilaterally limit the scope of the Convention. The Government
of Ireland are also of the view that this reservation is contrary to the object and
purpose of the Convention, namely suppressing terrorist bombings, wherever and by
whomever carried out.
The Government of Ireland further consider the declaration to be contrary to the terms
of Article 5 of the Convention, according to which States Parties commit themselves
to adopt such measures as may be necessary, including, where appropriate, domestic
legislation, to ensure that criminal acts within the scope of this Convention are
under no circumstances justifiable by considerations of a political, philosophical,
ideological, racial, ethnic, religious or similar nature and are punished by penalties
consistent with their grave nature.
The Government of Ireland recall that, according to customary international law as
codified in the Vienna Convention on the Law of Treaties, reservations that are incompatible
with the object and purpose of a convention are not permissible. It is in the common
interest of States that treaties to which they have chosen to become party are respected
as to their object and purpose and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under these treaties.
The Government of Ireland therefore object to the aforesaid reservation made by the
Government of the Islamic Republic of Pakistan to the International Convention for
the Suppression of Terrorist Bombings. This objection shall not preclude the entry
into force of the Convention between Ireland and the Islamic Republic of Pakistan.
The Convention enters into force between Ireland and the Islamic Republic of Pakistan,
without the Islamic Republic of Pakistan benefiting from its reservation.
Paraguay
22-09-2004
..., by virtue of the provisions of article 6, paragraph 3, of the aforementioned Convention, the Republic of Paraguay has established its jurisdiction in accordance with its domestic legislation, under article 6, paragraph 2, of the Convention.
Portugal
30-12-1999
For the purposes of article 8, paragraph 2, of the Convention, Portugal declares that
the extradiction of Portuguese nationals from its territory will be authorized only
if the following conditions, as stated in the Constitution of the Portuguese Republic,
are met:
a) In case of terrorism and organised criminality; and
b) For purposes of criminal proceedings and, being so, subject to a guarantee given
by the state seeking the extradition that the concerned person will be surrended to
Portugal to serve the sentence or measure imposed on him or her, unless such person
does not consent thereto by means of expressed declaration.
For purposes of enforcement of a sentence in Portugal, the procedures referred to
in the declaration made by Portugal to the European Convention on the transfer of
sentenced persons shall be complied with.
16-01-2002
Pursuant to article 6 (3) of the International Convention for the Suppression of Terrorist Bombings, Portugal declares that in accordance with article 5 (1) (a) of the Penal Code, Portuguese courts will have jurisdiction against the crimes of terrorism and of terrorist organisations, set forth respectively in article 300 and 301 of the same Code, wherever the place they have been committed, thus covering, in connection with the said crimes, the cases set forth in article 6 (2) of the Convention.
Qatar
27-06-2008
( ... ) with reservation regarding paragraph 1 of Article (20) concerning the submission of disputes to international arbitration or to the International Court of Justice.
Roemenië
29-07-2004
In accordance with Article 6, paragraph 3 of the Convention, Romania declares that it has established its jurisdiction for the offenses set forth in Article 2, in all cases stipulated by Article 6, paragraphs 1 and 2, in conformity with relevant provisions of its domestic law.
Russische Federatie
12-01-1998
The position of the Russian Federation is that the provisions of article 12 of the Convention should be implemented in such a way as to ensure the inevitability of responsibility for the commission of offences falling within the scope of the Convention, without detriment to the effectiveness of international cooperation on the questions of extradition and legal assistance.
08-05-2001
1. The Russian Federation declares that in accordance with paragraph 3 of article
6 of the International Convention for the Suppression of Terrorist Bombings (hereinafter
- the Convention) it has established its jurisdiction over the offences set forth
in article 2 of the Convention in cases envisaged in paragraphs 1 and 2 of article
6 of the Convention.
2. The position of the Russian Federation is that the provisions of article 12 of
the Convention should be implemented in such a way as to ensure the inevitability
of responsibility for the commission of offenses falling within the scope of the Convention,
without detriment to the effectiveness of international cooperation on the questions
of extradition and legal assistance.
Saint Lucia
17-10-2012
1. In accordance with Article 10 of paragraph 2 of the Convention, the Government
of Saint Lucia does not consider itself bound by the arbitration procedures established
under Article 20 paragraph 1, of the Convention.
2. That the explicit expressed consent of the Government of Saint Lucia would be necessary
for any submission of any dispute to arbitration [or] to the International Court of
Justice.
Saudi-Arabië
31-10-2007
1. The Kingdom of Saudi Arabia decides to establish its full jurisdiction in accordance
with paragraph (2) of article 6 of the Convention.
2. The Kingdom of Saudi Arabia declares that it does not consider itself bound by
paragraph 1 of article 20 of the Convention concerning the submission of disputes
arising from the interpretation or application of this Convention or referring such
dispute to the International Court of Justice.
Singapore
31-12-2007
Pursuant to Article 20, paragraph 2, of the Convention, the Republic of Singapore
declares that it does not consider itself bound by the provisions of Article 20, paragraph
1 of the Convention.
(1) The Republic of Singapore understands Article 8, paragraph 1, of the Convention
to include the right of competent authorities to decide not to submit any particular
case for prosecution before the judicial authorities if the alleged offender is dealt
with under national security and preventive detention laws.
(2) The Republic of Singapore understands that the term ‘armed conflict’ in Article
19, paragraph 2, of the Convention does not include internal disturbances and tensions,
such as riots, isolated and sporadic acts of violence, and other acts of a similar
nature.
(3) The Republic of Singapore understands that, under Article 19 and Article 1, paragraph
4, the Convention does not apply to:
(a) the military forces of a state in the exercise of their official duties;
(b) civilians who direct or organize the official activities of military forces of
a state; or
(c) civilians acting in support of the official activities of the military forces
of a state, if the civilians are under the formal command, and responsibility of those
forces.
In accordance with Article 6, paragraph 3 of the Convention, the Republic of Singapore
declares that it has established jurisdiction over offences set forth in Article 2
of the Convention in all the cases provided for in Article 6, paragraph 1, and Article
6, paragraph 2.
Spanje
29-02-2000
According to article 23 of the Organization of Justice Act 6/1985 of 1 July, terrorism is a crime that is universally prosecutable and over which the Spanish courts have international jurisdiction under any circumstances; accordingly, article 6, paragraph 2 of the Convention is deemed to have been satisfied and there is no need to establish a special jurisdiction upon ratification of the Convention.
Sudan
08-09-2000
The Republic of the Sudan declares hereby that it has established its jurisdiction
over crimes set out in article 2 of the Convention in accordance with situations and
conditions as stipulated in article 6, paragraph 2.
Declaration concerning article 19, paragraph 2:
This paragraph shall not create any additional obligation to the Government of the
Republic of the Sudan. It does not affect and does not diminish the responsibility
of the Government of the Republic of the Sudan to maintain by all legitimate means
order and law or re-establish it in the country or to defend its national unity or
territorial integrity.
This paragraph does not affect the principle of non-interference in internal affairs
of states, directly or indirectly, as it is set out in the United Nations Charter
and relative provisions of international law.
Reservation to article 20, paragraph 1:
The Republic of the Sudan does not consider itself bound by paragraph 1 of article
20, in pursuance to paragraph 2 of the same article.
Thailand
12-06-2007
The Government of the Kingdom of Thailand does not consider itself bound by Article
20 paragraph 1 of the Convention.
Pursuant to Article 6 paragraph 3 of the International Convention for the Suppression
of Terrorist Bombings, the Government of the Kingdom of Thailand hereby notifies the
Secretary-General of the criminal jurisdiction it has established in accordance with
Chapter 2 of the Thai Penal Code on the Scope of Application as follows:
Section 4: Any person who commits an offence within the Kingdom shall be punished
according to the law.
The commission of an offence in any Thai vessel or aeroplane shall be deemed as being
committed within the Kingdom, irrespective of the place where such Thai vessel or
aeroplane may be. Section 5: Whenever any offence is even partially committed within
the Kingdom, or the consequence of the commission of which, as intended by the offender,
occurs within the Kingdom, or by the nature of the commission of which, the consequence
resulting therefrom should occur within the Kingdom, or it could be foreseen that
the consequence would occur within the Kingdom, it shall be deemed that such offence
is committed within the Kingdom.
In case of preparation or attempt to commit any act provided by the law to be an offence,
even though it is done outside the Kingdom, if the consequence of the doing of such
act, when carried through to the stage of accomplishment of the offence, will occur
within the Kingdom, it shall be deemed that the preparation or attempt to commit such
offence is done within the Kingdom.
Section 6: Whenever an offence is committed within the Kingdom, or is deemed by this
Code as being committed within the Kingdom, even though the act of the co-principal,
a supporter or an instigator in the offence is done outside the Kingdom, it shall
be deemed that the principal, supporter or instigator has committed the offence within
the Kingdom.
Section 7: Any person who commits the following offences outside the Kingdom shall
be punished in the Kingdom, namely:
(1) offences relating to the Security of the Kingdom as provided in Sections 107 to
129;
(1/1) offences relating to Terrorism as provided in Section 135/1, Section 135/2,
Section 135/3 and Section 135/4;
(2) offences relating to Counterfeiting and Alteration as provided in Sections 240
to 249, Section 254, Section 256, Section 257 and Section 266 (3) and (4);
(2 bis) offences relating to Sexuality as provided in Section 282 and Section 283;
(3) offences relating to Robbery as provided in Section 339, and offences relating
to Gang-Robbery as provided in Section 340; which is committed on the high seas.
Section 8: Any person who commits an offence outside the Kingdom shall be punished
in the Kingdom, provided that:
(a) the offender is a Thai person, and the Government of the country where the offence
has occurred or the injured person has requested for such punishment; or
(b) the offender is an alien, and the Thai Government or a Thai person is an injured
person, and the injured person has requested for such punishment;
and, provided further that the offence committed by any of the following:
(1) offences relating to Causing Public Dangers as provided in Section 217, Section
218, Section 221 to 223 except the case relating to the first paragraph of Section
220, and Section 224, Section 226, Section 228 to 232, Section 237, and Section 233
to 236 only when it is the case to be punished according to Section 238;
(2) offences relating to Documents as provided in Section 264, Section 265, Section
266 (1) and (2), Section 268 except the case relating to Section 267 and Section 269;
(2/1) offence relating [to] the Electronic Card according to be prescribed by Section
269/1 to Section 269/7.
(3) offences relating to Sexuality as provided in Section 276, Section 280 and Section
285 only for the case relating to Section 276;
(4) offences against Life as provided in Section 288 to 290;
(5) offences relating to Bodily Harm as provided in Section 295 to 298;
(6) offences of Abandonment of Children, Sick or Aged Persons as provided in Section
306 to 308;
(7) offences against Liberty as provided in Section 309, Section 310, Sections 312
to 315, and Sections 317 to 320;
(8) offences of Theft and Snatching as provided in Sections 334 to 336;
(9) offences of Extortion, Blackmail, Robbery and Gang-Robbery as provided in Sections
337 to 340;
(10) offences of Cheating and Fraud as provided in Sections 341 to 344, Section 346
and Section 347;
(11) offences of Criminal Misappropriation as provided in Sections 352 to 354;
(12) offences of Receiving Stolen Property as provided in Section 357;
(13) offences of Mischief as provided in Sections 358 to 360.
Tunesië
22-04-2005
By agreeing to accede to the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997, [the Republic of Tunisia] declares that it does not consider itself bound by the provisions of article 20 (1) and affirms that disputes concerning the interpretation or application of the said Convention may only be submitted to the International Court of Justice with its prior consent.
Turkije
20-05-1999
The Republic of Turkey declares that articles 9 and 12 should not be interpreted in
such a way that offenders of these crimes are neither tried nor prosecuted. Furthermore
mutual legal assistance and extradition are two different concepts and the conditions
for rejecting a request for extradition should not be valid for mutual legal assistance.
The Republic of Turkey declares its understanding that the term international humanitarian
law referred to in article 19 of the Convention for the Suppression of Terrorist Bombings
shall be interpreted as comprising the relevant international rules excluding the
provisions of additional Protocols to Geneva Conventions of 12 August 1949, to which
Turkey is not a Party. The first part of the second paragraph of the said article
should not be interpreted as giving a different status to the armed forces and groups
other than the armed forces of a state as currently understood and applied in international
law and thereby as creating new obligations for Turkey.
Pursuant to paragraph 2 of article (20) of the [Convention] the Republic of Turkey
declares that it does not consider itself bound by the provisions of paragraph 1 of
article (20) of the said Convention.
30-05-2002
1) The Republic of Turkey declares that Articles (9) and (12) should not be interpreted
in such a way that offenders of these crimes are neither tried nor prosecuted.
2) The Republic of Turkey declares its understanding that the term international humanitarian
law referred to in Article (19) of the Convention for the Suppression of Terrorist
Bombings shall be interpreted as comprising the relevant international rules excluding
the provisions of Additional Protocols to Geneva Conventions of 12 August 1949, to
which Turkey is not a Party. The first part of the second paragraph of the said article
should not be interpreted as giving a different status to the armed forces and groups
other than the armed forces of a state as currently understood and applied in international
law and thereby as creating new obligations for Turkey.
3) Pursuant to Paragraph 2 of Article (20) of the International Convention for the
Suppression of Terrorist Bombings, the Republic of Turkey declares that it does not
consider itself bound by the provisions of Paragraph 1 of Article (20) of the said
Convention.
Bezwaar Zweden, 03-06-2003
The Government of Sweden has examined the reservation made by Turkey to article 19
of the International Convention for the Suppression of Terrorist Bombings, whereby
Turkey intends to exclude the Protocols Additional to the Geneva Conventions from
the term international humanitarian law. It is the view of the Government of Sweden
that the majority of the provisions of those Additional Protocols constitute customary
international law, by which Turkey is bound.
In the absence of further clarification, Sweden therefore objects to the aforesaid
reservation by Turkey to the International Convention for the Suppression of Terrorist
Bombings.
This objection shall not preclude the entry into force of the Convention between Turkey
and Sweden. The Convention enters into force in its entirety between the two States,
without Turkey benefiting from its reservation.
Uruguay
10-11-2001
Notifies, by virtue of article 6, paragraph 3, of the Convention, that the authorities of the Eastern Republic of Uruguay exercise jurisdiction over the offences set forth in article 2, to which reference is made in article 6, paragraph 2. With regard to article 6, paragraph 2, subparagraphs (a) and (b), that jurisdiction is established in article 10 of the Penal Code (Act 9.155 of 4 December 1933) and, with regard to article 6, paragraph 2, subparagraph (e), in article 4 of the Aeronautical Code (Decree-Law 14.305 of 29 November 1974).
Venezuela
23-09-2003
The Bolivarian Republic of Venezuela, pursuant to the provisions of article 20, paragraph
2, of the International Convention for the Suppression of Terrorist Bombings, formulates
an express reservation regarding the stipulation in paragraph 1 of that article. Accordingly,
it does not consider itself bound to resort to arbitration as a means of dispute settlement,
and does not recognize the binding jurisdiction of the International Court of Justice.
Moreover, the Bolivarian Republic of Venezuela, having regard for article 6, paragraph
3, of the International Convention for the Suppression of Terrorist Bombings, declares
that it has established jurisdiction under its domestic law over the offences committed
in the situations and under the conditions envisaged in article 6, paragraph 2, of
the Convention.
Verenigde Arabische Emiraten
23-09-2005
....subject to a reservation with respect to paragraph 1 of article 20 thereof, which
relates to the settlement of disputes arising between States Parties, in consequence
of which the United Arab Emirates does not consider itself bound by that paragraph
concerning arbitration.
Moreover, the Government of the United Arab Emirates will determine its jurisdiction
over the offences in the cases provided for in article 6, paragraph 2, of the Convention
and will notify the Secretary-General of the United Nations to that effect in accordance
with paragraph 3 of that article.
Verenigde Staten van Amerika
26-06-2002
(a) pursuant to article 20 (2) of the Convention, the United States of America declares
that it does not consider itself bound by Article 20 (1) of the Convention; and
(b) the United States of America reserves the right specifically to agree in a particular
case to follow the procedure in Article 20 (1) of the Convention or any other procedure
for arbitration.
Understandings:
(1) Exclusion from coverage of term "armed conflict".
The United States of America understands that the term "armed conflict" in Article
19 (2) of the Convention does not include internal disturbances and tensions, such
as riots, isolated and sporadic acts of violence, and other acts of a similar nature.
(2) Meaning of term "international humanitarian law".
The United States of America understands that the term "international humanitarian
law" in Article 19 of the Convention has the same substantive meaning as the law of
war.
(3) Exclusion from coverage of activities by military forces.
The United States understands that, under Article 19 and Article 1 (4), the Convention
does not apply to:
(A) the military fores of a state in the exercise of their official duties;
(B) civilians who direct or organize the official activities of military forces of
a state; or
(C) civilians acting in support of the official activities of the military forces
of a state, if the civilians are under the formal command, control, and responsibility
of those forces.
Vietnam
09-01-2014
[T]he Socialist Republic of Viet Nam does not consider itself bound by the provisions
of paragraph 1 of Article 20 of this Convention.
1. The Socialist Republic of Viet Nam declares that the provisions of the International
Convention for the Suppression of Terrorist Bombings are non-self-executing in Viet
Nam. The Socialist Republic of Viet Nam shall duly implement the provisions of the
Convention through multilateral and bilateral mechanisms, specific provisions in its
domestic laws and regulations and on the basis of the principle of reciprocity.
2. The Socialist Republic of Viet Nam, pursuant to Article 9 of this Convention, declares
that it shaII not take this Convention as the direct legal basis for extradition.
The Socialist Republic of Viet Nam shalI carry out extradition in accordance with
the provisions of its domestic laws and regulations, on the basis of treaties on extradition
and the principle of reciprocity.
Bezwaar Frankrijk, 09-01-2015
The Government of the French Republic has examined the declaration formulated by Viet
Nam upon accession to the International Convention for the Suppression of Terrorist
Bombings. In this declaration, Viet Nam states, inter alia, that "the provisions of
the International Convention for the Suppression of Terrorist Bombings are non-self-executing
in Viet Nam," and that "the Socialist Republic of Viet Nam shall duly implement the
provisions of the Convention through multilateral and bilateral mechanisms, specific
provisions in its domestic laws and regulations and on the basis of the principle
of reciprocity."
The French Government notes that the declaration formulated by Viet Nam has the legal
effect of restricting the scope of certain stipulations of the Convention and must
therefore be considered as a reservation.
The French Government also notes that Viet Nam intends, by means of this declaration,
to make the application of the provisions of the Convention subordinate to the principle
of reciprocity. However, as specified in the preambular paragraphs, the purpose of
the Convention is to meet "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".
In this regard, the reservation formulated by Viet Nam appears to be incompatible
with the object and purpose of the Convention.
The Government of the French Republic therefore objects to the declaration formulated
by Viet Nam. This objection does not preclude the entry into force of the Convention
between France and Viet Nam.
Zuid-Korea
07-07-2004
Pursuant to Article 6, Paragraph 3 of the International Convention for the Suppression
of Terrorist Bombings, The Republic of Korea provides the following information on
its criminal jurisdiction. Principles on the criminal jurisdiction are set out in
the Chapter I of Part I of the Korean Penal Code.
The provisions have the following wording:
Article 2 (Domestic Crimes)
This Code shall apply to anyone, whether Korean or alien, who commits a crime within
the territorial boundary of the Republic of Korea.
Article 3 (Crimes by Koreans outside Korea)
This Code shall apply to a Korean national who commits a crime outside the territorial
boundary of the Republic of Korea.
Article 4 (Crimes by Aliens on board Korean Vessel, etc., outside Korea)
This Code shall apply to an alien who commits a crime on board a Korean vessel or
a Korean aircraft outside the territorial boundary of the Republic of Korea.
Article 5 (Crimes by Aliens outside Korea)
This Code shall apply to an alien who commits any of the following crimes outside
the territorial boundary of the Republic of Korea:
1. Crimes concerning insurrection;
2. Crimes concerning treason;
3. Crimes concerning the national flag;
4. Crimes concerning currency;
5. Crimes concerning securities, postage and revenue stamps;
6. Crimes specified in Articles 225 through 230 among crimes concerning documents;
and
7. Crimes specified in Article 238 among crimes concerning seal.
Article 6 (Foreign Crimes against the Republic of Korea and Koreans outside Korea)
This Code shall apply to an alien who commits a crime, other than those specified
in the preceding Article, against the Republic of Korea or its national outside the
territorial boundary of the Republic of Korea, unless such act does not constitute
a crime, or it is exempt from prosecution or execution of punishment under the lex
loci delictus.
Article 8 (Application of General Provisions)
The provisions of the preceding Articles shall also apply to such crimes as are provided
by other statutes unless provided otherwise by such statutes.
Zweden
05-11-2002
Pursuant to article 6 (3) of the International Convention for the Suppression of Terrorist
Bombings, Sweden provides the following information on Swedish criminal jurisdiction.
Rules on Swedish criminal jurisdiction are laid down in Chapter 2 Section 1-5 in the
Swedish Penal Code. The provisions have the following wording:
Section 1
Crimes committed in this Realm shall be adjudged in accordance with Swedish law and
by a Swedish court. The same applies when it is uncertain where the crime was committed
but grounds exist for assuming that it was committed within the Realm.
Section 2
Crimes committed outside the Realm shall be adjudged according to Swedish law and
by a Swedish court when the crime has been committed:
1. By a Swedish citizen or an alien domiciled in Sweden,
2. By an alien not domiciled in Sweden who, after having committed the crime, has
become a Swedish citizen or has acquired domicile in the Realm or who is a Danish,
Finnish, Icelandic or Norwegian citizen and is present in the Realm, or
3. By any other alien, who is present in the Realm, and the crime under Swedish law
can result in imprisonment for more than six months.
The first paragraph shall not apply if the act is not subject to criminal responsibility
under the law of the place where it was committed or if it was committed within an
area not belonging to any state and, under Swedish law, the punishment for the act
cannot be more severe than a fine.
In cases mentioned in this Section, a sanction may not be imposed which is more severe
than the most severe punishment provided for the crime under the law in the place
where it was committed.
Section 3
Even in cases other than those listed in Section 2, crimes committed outside the Realm
shall be adjudged according to Swedish law and by a Swedish court:
1. if the crime was committed on board a Swedish vessel or aircraft, or was committed
in the course of duty by the officer in charge or by a member of its crew,
2. if the crime was committed by a member of the armed force in an area in which a
detachment of the armed forces was present, or if it was committed by some other person
in such an area and the detachment was present for a purpose other than exercise,
3. if the crime was committed in the course of duty outside the Realm by a person
employed in a foreign contingent of the Swedish armed forces,
3a. if the crime was committed in the course of duty outside the Realm by a policeman,
custom officer or official employed at the coast guard, who performs boundless assignments
according to an international agreement that Sweden has ratified,
4. if the crime committed was a crime against the Swedish nation, a Swedish municipal
authority or other assembly, or against a Swedish public institution,
5. If the crime was committed in an area not belonging to any state and was directed
against a Swedish citizen, a Swedish association or private institution, or against
an alien domiciled in Sweden,
6. if the crime is hijacking, maritime or aircraft sabotage, airport sabotage, counterfeiting
currency, an attempt to commit such crimes, a crime against international law, unlawful
dealings with chemical weapons, unlawful dealings with mines or false or careless
statement before an international court, or
7. if the least severe punishment prescribed for the crime in Swedish law is imprisonment
for four years or more.
Section 3 a
Besides the cases described in Sections 1-3, crimes shall be adjudged according to
Swedish law by a Swedish court in accordance with the provisions of the Act on International
Collaboration concerning Proceedings in Criminal matters.
Section 4
A crime is deemed to have been committed where the criminal act was perpetrated and
also where the crime was completed or in the case of an attempt, where the intended
crime would have been completed.
Section 5
Prosecution for a crime committed within the Realm on a foreign vessel or aircraft
by an alien, who was the officer in charge or member of its crew or otherwise travelled
in it, against another alien or a foreign interest shall not be instituted without
the authority of the Government or a person designated by the Government.
1. on a Swedish vessel or aircraft or by the officer in charge or some member of its
crew in the course of duty,
2. by a member of the armed forces in an area in which a detachment of the armed forces
was present,
3. in the course of duty outside the Realm by a person employed by a foreign contingent
of the Swedish armed forces,
4. In the course of duty outside the Realm by a policeman, custom officer or official
employed at the coast guard, who performs boundless assignments according to an international
agreement that Sweden has ratified,
5. In Denmark, Finland, Iceland or Norway or on a vessel or aircraft in regular commerce
between places situated in Sweden or one of the said states, or
6. By a Swedish, Danish, Finnish, Icelandic or Norwegian citizen against a Swedish
interest.
Zwitserland
23-09-2003
Pursuant to article 6, paragraph 3, of the International Convention for the Suppression of Terrorist Bombings, Switzerland establishes its jurisdiction over the offences set forth in article 2 in all the cases provided for in article 6, paragraph 2.