EXCERPTS FROM THE CONVENTIONS AND PROTOCOLS ON TERRORISM
IN RESPECT OF' DEFINITIONS AND OFFENCE S IN ANTI-TERRORISM BILL, 2003
Convention for the Suppression of Unlawful Seizure of Aircraft
Article 1
Any person who on board an aircraft 4 flight:
a. unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act, or
b. is an accomplice of a person who performs or attempts to perform any such act commits an offence (hereinafter referred to as "the offence").
Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation
Article 1
1. Any person commits an offence if he unlawfully and intentionally:
a. performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or
b. destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or
c. places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable off light, or to cause damage to it which is likely to endanger its safety in flight or
d. destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or
e. communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight.
2. Any person also commits an offence if he:
a. attempts to commit any of the offences mentioned in paragraph I of this Article; or
b. is an accomplice of a person who commits or attempts to commit any such offence.
Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents
ARTICLE 1
For the purposes of this Convention:
1. "internationally protected person" means:
a. a Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompany him;
b. any representative or official of a State or any official or other agent of an international organization of an intergovernmental character who, at the time when and in the place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled pursuant to international law to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household;
ARTICLE 2
1. The intentional commission of:
a. a murder, kidnapping or other attack upon the person or liberty of an internationally protected person;
b. a violent attack upon the official premises, the private accommodation or the means of transport of an internationally protected person likely to endanger his person or liberty;
c. a threat to commit any such attack;
d. an attempt to commit any such attack; and
e. an act constituting participation as an accomplice in any such attack shall be made by each State Party a crime under its internal law.
2. Each State Party shall make these crimes punishable by appropriate penalties which take into account their grave nature.
Paragraphs I and 2 of this article in no way derogate from the obligations of States Parties under international law to take all appropriate measures to prevent other attacks on the person, freedom or dignity of an internationally protected person.
International Convention Against the Taking of Hostages
ARTICLE 1
1. Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person (hereinafter referred to as the "hostage") in order to compel a third party, namely, a State, an international intergovernmental organization, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the
offence of taking of hostages ("hostage-taking") within the meaning of this Convention.
2. Any person who:
a. attempts to commit an act of hostage-taking, or
b. participates as an accomplice of anyone who commits or attempts to commit an act of hostage-taking likewise commits an offence for the purposes of this Convention.
Convention on the Physical Protection of Nuclear Material
ARTICLE 1
For the purposes of this Convention:
a. "nuclear material" means plutonium except that with isotopic concentration exceeding 80% in plutonium-238; uranium-233; uranium enriched in the isotopes 235 or 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore-residue; any material containing one or more of the foregoing;
b. "uranium enriched in the isotope 235 or 233" means uranium containing the isotopes 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature;
ARTICLE 7
I. The intentional commission of
a. an act without lawful authority which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material and which causes or is likely to cause death or serious injury to any person or substantial damage to property;
b. a theft or robbery of nuclear material;
c. an embezzlement or fraudulent obtaining of nuclear material;
d. an act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation;
e. a threat:
i. to use nuclear material to cause death or serious injury to any person or substantial property damage, or
ii. to commit an offence described in sub-paragraph (b) in order to compel a natural or legal person, international organization or State to do or to refrain from doing any act;
f an attempt to commit any offence described in paragraphs (a), (b) or (c); and
g. an act which constitutes participation in any offence described in paragraphs (a) to (f) shall be made a punishable offence by each State Party under its national law.
2. Each State Party shall make the offences described in this article punishable by appropriate penalties which take into account their grave nature.
Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (1971)
Article II
1. In Article of the Convention, the following shall be added as new paragraph 1 bis:
"1 bis. Any person commits an offence if lie unlawfully and intentionally, using any device, substance or weapon:
a. performs an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; or
b. destroys or seriously damages the facilities of an airport serving international civil aviation or aircraft not in service located thereon or disrupts the services of. the airport, if such an act endangers or is likely to endanger safety at that ,airport."
In paragraph 2 (a) of Article 1 of the Convention, the following words shall be inserted after the words "paragraph 1":
"or paragraph 1 bis".
Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation
ARTICLE 3
1. Any person commits an offence if that person unlawfully and intentionally:
a. seizes or exercises control over a ship by force or threat thereof or any other form of intimidation; or
b. performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; or
c. destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship; or
d. places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship; or
e. destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if any such act is likely to endanger the safe navigation of a ship; or
f communicates information which he knows to be false, thereby endangering the safe navigation of a ship; or
g injures or kills any person, in connection with the commission or the
attempted commission of any of the offences set forth in subparagraphs (a)
to(f).
2. Any person also commits an offence if that person:
a. attempts to commit any of the offences set forth in paragraph 1; or
b. abets the commission 0 any of the offences set forth in paragraph T perpetrated by any person or is otherwise an accomplice of a person who commits such an offence; or
c. threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the of fences set forth in paragraph T, sub paragraphs (b), (c) and (e), if that threat is likely to endanger the safe navigation of the ship in question.
Protocol for the Suppression of Unlawful Acts Against the Safety of fixed Platforms Located on the Continental Shelf
ARTICLE 1
1. The provisions of articles 5 and 7 and of articles 10 to 16 of the Convention for the Suppression of unlawful Acts against the Safety of Maritime Navigation (hereafter referred to as "the Convention") shall also apply mutatis mutandis to the offences set forth in article ? of this Protocol where such offences are committed on board or against fixed platforms located on the continental shelf
2. In cases where this Protocol does not apply pursuant to paragraph 1, it nevertheless applies when the offender or the alleged offender is found in the territory of a State Party other than the State in whose international waters or territorial sea the fixed platform is located.
3. For the purposes of this Protocol "fixed platform" means an artificial island installation or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes
ARTICLE 2
1. Any person commits an offence if that person unlawfully and intentionally:
a. seizes or exercises control over a fixed platform by force or threat thereof or any other form of intimidation; or
b. performs an act of violence against a person on board a fixed platform lf that act is likely to endanger its safety; or
c. destroys a fixed platform or causes damage to it which is likely to endanger its safety; or
d. places or causes to be placed on a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safety; or
e. injures or kills any person in connection with the commission or the attempted commission of any of the offences set forth In subparagraphs (a) to(d).
2. Any person also commits an offence if that person:
a. attempts to commit any of the offences set forth in paragraph T; or
b. abets the commission of any such offences perpetrated by any person or is otherwise an accomplice of a person who commits such an offence; or
c. threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in paragraph I, subparagraphs (b) and (c), lf that threat is likely to endanger the safety of the fixed platform.
International Convention for the Suppression of Terrorist Bombing
Article 1
For the purposes of this Convention
1. "State or government facility" includes any permanent or temporary facility or conveyance that is used or occupied by representatives of a State, members of Government, the legislature 0 the judiciary or by officials or employees of a State or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties.
2. "Infrastructure facility" means any publicly or privately owned facility providing or distributing services for the benefit of the public, such as water, sewage, energy, fuel or communications.
3. "Explosive1 or other lethal device" means:
1
The Committee requested the wording of the definition of "explosive" in the Explosives Act, 2003, adopted earlier this year by parliament, but not in operation yet."explosive", means-
(a) a substance, or a mixture of substances, in a solid or liquid state, which is capable of producing an explosion;
(b) a pyrotechnic substance in a solid or liquid state, or a mixture of such substances, designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these, as the result of non-detonative self-sustaining exothermic chemical reaction, including pyrotechnic substances which do not evolve gases:
(c) any article or device containing one or more substances contemplated in paragraph (a);
a. An explosive or incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage; or
b. A weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances or radiation or radioactive material.
4. "Military forces of a State" means the armed forces of a State which are organized, trained and equipped under its internal law for the primary purpose of national defence or security and persons acting in support of those armed forces who are under their formal command, control and responsibility.
5. "Place of public use" means those parts of any building, land, street, waterway or other location that are accessible or open to members of the public, whether continuously, periodically or occasionally, and encompasses any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or similar place that is so accessible or open to the public.
6. "Public transportation system" means all facilities, conveyances and instrumentalities, whether publicly or privately owned, that are used in or for publicly available services for be transportation of persons or cargo.
Article 2
1. Any person commits an offence within the meaning of this Convention if that person unlawfully and intentionally delivers, places, discharges or detonates an explosive or other lethal device in, into or against a place of public use, a State or government facility, a public transportation system or an infrastructure facility:
a. With the intent to cause death or serious bodily injury; or
b. With the intent to cause extensive destruction of such a place, facility or system, where such destruction results in or is likely to result in major economic loss.
2. Any person also commits an offence if that person attempts to commit an offence as set forth in paragraph 1 of the present article.
3. Any person also commits an offence if that person:
a. Participates as an accomplice in an offence as set forth in paragraph I or 2 of the present article; or
b. Organizes or directs others to commit an offence as set forth in paragraph 1 or 2 of the present article; or
c. In any other way contributes to the commission of one or more offences as set forth in paragraph 1 or 2 of the present article by a group of persons acting with a common purpose; such contribution shall be intentional and
either be made with the aim of furthering the general criminal activity or purpose of the group or be made in the knowledge of the intention of the group to commit the offence or offences concerned.
International Convention for the Suppression of the financing of Terrorism
Article 2
1.Any person commits an offence within the meaning of this Convention if that person by any means, directly or indirectly, unlawfully and wilfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out:
(a) An act which constitutes an offence within the scope of and as defined in one of the treaties listed in the annex; or
(b) Any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or to abstain from doing any act.
2. (a) On depositing its instrument of ratification, acceptance, approval or accession, a State Party which is not a party to a treaty listed in the annex may declare that, in the application of this Convention to the State Party, the treaty shall be deemed not to be included in the annex referred to in paragraph 1, subparagraph (a). The declaration shall cease to have effect as soon as the treaty enters into force for the State Party, which shall notify the depository of this fact;
b) When a State Party ceases to be a party to a treaty listed in the annex, it may make a declaration as provided for in this article, with respect to that treaty.
3. For an act to constitute an offence set forth in paragraph 1, it shall not be necessary that the funds were actually used to carry out an offence referred to in paragraph 1, subparagraph (a) or
4. Any person also commits an offence if that person attempts to commit an offence as set forth in paragraph 1 of this article.
5. Any person also commits an offence if that person:
a) Participates as an accomplice in an offence as set forth in paragraph 1 or 4 of this article;
b) Organizes or directs others to commit an offence as set forth in paragraph 1 or 4 of this article;
c) Contributes to the commission of one or more offences as set forth in paragraph l or 4 of this article by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offence as set forth in paragraph 1 of this article; or
(ii) Be made in the knowledge of the intention of the group to commit an offence as set forth in paragraph 1 of this article.