S.I. No. 374/2005 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2005

WHEREAS, by the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on the 17^th day of December 1979 (referred to subsequently in these recitals as the “Hostages Convention”, and the terms of which are set out in Part A of Schedule 7G of the Extradition Act 1965 (Application of Part II Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 2(b) of, and Schedule 1 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Hostages Convention was acceded to on behalf of the State on the 30^th day of June 2005;

AND WHEREAS the Hostages Convention has also been ratified, or acceded to, by the countries specified in the Table to Schedule 10 to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 2(n) of, and Schedule 6 to this Order) subject to the reservations entered, and the declarations made, by certain of the countries concerned specified in Part B of the said Schedule 7G;

AND WHEREAS, by the International Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, adopted at New York on the 14^th day of December 1973 (referred to subsequently in these recitals as the “Convention on Crimes against Internationally Protected Persons”, and the terms of which are set out in Part A of Schedule 7H to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 2(c) of, and Schedule 2 to this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention on Crimes against Internationally Protected Persons was acceded to on behalf of the State on the 30^th day of June 2005;

AND WHEREAS the Convention on Crimes against Internationally Protected Persons has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7H;

AND WHEREAS, by the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on the 15^th day of December 1997 (referred to subsequently in these recitals as the “Convention on Terrorist Bombings”, and the terms of which are set out in Part A of Schedule 7I to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 2(d) of, and Schedule 3 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention on Terrorist Bombings was ratified on behalf of the State on the 30^th day of June 2005;

AND WHEREAS the Convention on Terrorist Bombings has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7I;

AND WHEREAS, by the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on the 9^th day of December 1999 (referred to subsequently in these recitals as the “Convention on Financing Terrorism”, and the terms of which are set out in Part A of Schedule 7J to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 2(e) of, and Schedule 4 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention on Financing of Terrorism was ratified on behalf of the State on the 30^th day of June 2005;

AND WHEREAS the Convention on Financing of Terrorism has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7J;

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) (No. 2) Order 2004 ( S.I. No. 725 of 2004 ), certain additional reservations have been entered to the European Convention on Extradition, done at Paris on the 13^th day of December 1957 (referred to subsequently in these recitals as the “Paris Convention”), the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, concluded at Vienna on the 20^th day of December 1988, the European Convention on the Suppression of Terrorism done at Strasbourg on the 27^th day of January 1977, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on the 10^th day of December 1984, the Convention on the Safety of United Nations and Associated Personnel, done at New York on the 9^th day of December, 1994 (referred to subsequently in these recitals as the “Convention on the Safety of UN Personnel”) and the Criminal Law Convention on Corruption, done at Strasbourg on the 27^th day of January 1999 (referred to subsequently in these recitals as the “Convention on Corruption”), the texts of which are set out in Part C of Schedule 1, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No. 173 of 2002 )), Part B of Schedule 7B (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No. 173 of 2002 )) and Part B of Schedule 7D (inserted by the Extradition Act 1965 (Application of Part II) (Amendment Order 2003 ( S.I. No. 479 of 2003 )) of the Extradition Act 1965 (Application of Part II Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 2 of, and Schedule 5 to, this Order);

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) (No. 2) Order 2004 ( S.I. No. 725 of 2004 ), certain additional declarations have been made in relation to the Paris Convention, the Convention for the Suppression of the Unlawful Seizure of Aircraft done at the Hague on the 16^th day of December 1970 the Convention on the Safety of UN Personnel and the Convention on Corruption, the texts of which are set out in Part C of Schedule 1, Part B of Schedule 2, Part B of Schedule 7B and Part B of Schedule 7D to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 2 of, and Schedule 5 to, this Order);

NOW I, Dermot Ahern, T.D., Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 8 (amended by section 49 the European Arrest Warrant Act 2003 (No.45 of 2003)) of the Extradition Act 1965 (No. 17 of 1965) and after consultation with the Minister for Justice, Equality and Law Reform, hereby order as follows:

1.

• (2) This Order shall come into operation on 15 July 2005.

2.

• (a) the insertion of the following paragraph after paragraph (4) of Article 3 (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) (No. 2) Order 2004 ( S.I. No. 725 of 2004 )):

• “(5) Part II of the Act of 1965 shall apply in relation to Italy where the offence concerned was committed or alleged to have been committed before 7 August 2002.”;

• (b) the insertion of the Schedule set out in Schedule 1 to this Order,

• (c) the insertion of the Schedule set out in Schedule 2 to this Order,

• (d) the insertion of the Schedule set out in Schedule 3 to this Order,

• (e) the insertion of the Schedule set out in Schedule 4 to this Order,

• (f) the insertion, in Part C of Schedule 1, of the reservation and declarations set out in Part A of Schedule 5 to this Order,

• (g) the insertion, in Part B of Schedule 2, of the declaration set out in Part B of Schedule 5 to this Order,

• (h) the insertion, in Part B of Schedule 6, of the reservations set out in Part C of Schedule 5 to this Order,

• (i) the insertion, in Part B of Schedule 7, of the reservation set out in Part D of Schedule 5 to this Order,

• (j) the insertion, in Part C of Schedule 7A (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No.173 of 2002 )), of the reservations and declaration set out in Part E of Schedule 5 to this Order,

• (k) the insertion, in Part B of Schedule 7B (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No.173 of 2002 )), of the reservation and declaration set out in Part F of Schedule 5 to this Order,

• (l) The insertion, in Part B of Schedule 7D (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 )) of the reservation and declaration set out in Part G of Schedule 5 to this Order,

• (m) the insertion in paragraph 1(1) of Schedule 10 of the following definitions:

“ ‘Hostages Convention’ means the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on the 17^th day of December 1979;

‘Convention on Crimes against Internationally Protected Persons’ means the International Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, drawn up under the auspices of the United Nations adopted at New York on the 14^th day of December 1973;

‘Convention on Terrorist Bombings’ means the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on the 15^th day of December 1997;

‘Convention on Financing Terrorism’ means the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on the 9^th day of December 1999;” and

• (n) the substitution of the Table set out in Schedule 6 to this Order for the Table (inserted by Article 3(c) of, and Schedule 2 to, the Extradition Act 1965 (Application of Part II) (Amendment) (No.2 Order 2004 ( S.I. No.725 of 2004 )) set out in Schedule 10.

SCHEDULE 1

“SCHEDULE 7G

PART A INTERNATIONAL CONVENTION AGAINST THE TAKING OF HOSTAGES

Adopted by the General Assembly of the United Nations on the 17^th day of December 1979

THE STATES PARTIES TO THIS CONVENTION,

HAVING IN MIND the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly relations and co-operation among States,

RECOGNIZING in particular that everyone has the right to life, liberty and security of person, as set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,

REAFFIRMING the principle of equal rights and self-determination of peoples as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, as well as in other relevant resolutions of the General Assembly,

CONSIDERING that the taking of hostages is an offence of grave concern to the international community and that, in accordance with the provisions of this Convention any person committing an act of hostage taking shall either be prosecuted or extradited,

BEING CONVINCED that it is urgently necessary to develop international co-operation between States in devising and adopting effective measures for the prevention prosecution and punishment of all acts of taking of hostages as manifestations of international terrorism,

HAVE AGREED as follows:

Article 1

• (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.

Article 2

Each State Party shall make the offences set forth in article 1 punishable by appropriate penalties which take into account the grave nature of those offences.

Article 3

Article 4

States Parties shall co-operate in the prevention of the offences set forth in article 1 particularly by:

• (a) taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories including measures to prohibit in their territories illegal activities of persons groups and organizations that encourage, instigate, organize or engage in the perpetration of acts of taking of hostages;

• (b) exchanging information and co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those offences.

Article 5

• (a) in its territory or on board a ship or aircraft registered in that State;

• (b) by any of its nationals or, if that State considers it appropriate, by those stateless persons who have their habitual residence in its territory;

• (c) in order to compel that State to do or abstain from doing any act; or

• (d) with respect to a hostage who is a national of that State, if that State considers it appropriate.

Article 6

• (a) the State where the offence was committed;

• (b) the State against which compulsion has been directed or attempted;

• (c) the State of which the natural or juridical person against whom compulsion has been directed or attempted is a national;

• (d) the State of which the hostage is a national or in the territory of which he has his habitual residence;

• (e) the State of which the alleged offender is a national or, if he is a stateless person in the territory of which he has his habitual residence;

• (f) the international intergovernmental organization against which compulsion has been directed or attempted;

• (g) all other States concerned.

• (a) to communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to establish such communication or, if he is a stateless person, the State in the territory of which he has his habitual residence;

• (b) to be visited by a representative of that State.

Article 7

The State Party where the alleged offender is prosecuted shall in accordance with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States concerned and the international intergovernmental organizations concerned.

Article 8

Article 9

• (a) that the request for extradition for an offence set forth in article 1 has been made for the purpose of prosecuting or punishing a person on account of his race religion, nationality, ethnic origin or political opinion; or

• (b) that the person's position may be prejudiced:

• (i) for any of the reasons mentioned in subparagraph (a) of this paragraph, or

• (ii) for the reason that communication with him by the appropriate authorities of the State entitled to exercise rights of protection cannot be effected.

Article 10

Article 11

Article 12

In so far as the Geneva Conventions of 1949 for the protection of war victims or the Protocols Additional to those Conventions are applicable to a particular act of hostage-taking and in so far as States Parties to this Convention are bound under those conventions to prosecute or hand over the hostage-taker, the present Convention shall not apply to an act of hostage-taking committed in the course of armed conflicts as defined in the Geneva Conventions of 1949 and the Protocols thereto, including armed conflicts mentioned in article 1, paragraph 4, of Additional Protocol I of 1977, in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.

Article 13

This Convention shall not apply where the offence is committed within a single State, the hostage and the alleged offender are nationals of that State and the alleged offender is found in the territory of that State.

Article 14

Nothing in this Convention shall be construed as justifying the violation of the territorial integrity or political independence of a State in contravention of the Charter of the United Nations.

Article 15

The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this Convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those treaties.

Article 16

Article 17

Article 18

Article 19

Article 20

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 18 December 1979.

PART B Reservations and Declarations to the International Convention against the Taking of Hostages

Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession.

Algeria

Reservation:

The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 16, paragraph 1, of the [said Convention].

These provisions are not in accordance with the view of the Government of the People's Democratic Republic of Algeria that the submission of a dispute to the International Court of Justice requires the prior agreement of all the parties concerned in each case.

Belarus

The Byelorussian Soviet Socialist Republic does not consider itself bound by article 16 paragraph 1, of the International Convention against the Taking of Hostages and declares that, in order for any dispute between parties to the Convention concerning the interpretation or application thereof to be referred to arbitration or to the International Court of Justice, the consent of all parties to the dispute must be secured in each individual case.

The Byelorussian Soviet Socialist Republic condemns international terrorism, which takes the lives of innocent people, constitutes a threat to their freedom and personal inviolability and destabilizes the international situation, whatever the motives used to explain terrorist actions. Accordingly, the Byelorussian Soviet Socialist Republic considers that article 9, paragraph 1, of the Convention should be applied in a manner consistent with the stated aims of the Convention, which include the development of international co-operation in adopting effective measures for the prevention, prosecution and punishment of all acts of hostage-taking as manifestations of international terrorism through, inter alia, the extradition of alleged offenders.

Brazil

Reservation:

With the reservation provided under article 16 (2).

Bulgaria

Declaration on article 9, paragraph 1:

The People's Republic of Bulgaria condemns all acts of international terrorism, whose victims are not only governmental and public officials but also many innocent people including mothers, children, old-aged, and which exerts an increasingly destabilizing impact on international relations, complicates considerably the political solution of crisis situations, irrespective of the reasons invoked to explain terrorist acts. The People's Republic of Bulgaria considers that article 9, paragraph 1 of the Convention should be applied in a manner consistent with the stated aims of the Convention, which include the development of international co-operation in adopting effective measures for the prevention, prosecution and punishment of all acts of hostage-taking as manifestations of international terrorism, including extradition of alleged offenders.

Chile

The Government of the Republic [of Chile], having approved this Convention, states that such approval is given on the understanding that the aforesaid Convention prohibits the taking of hostages in any circumstances, even those referred to in article 12.

China

Reservation:

The People's Republic of China makes its reservation to article 16, paragraph 1, and does not consider itself bound by the provisions of article 16, paragraph 1, of the Convention.

Colombia

Reservation:

In accordance with article 16 (2) of the Convention, Colombia does not consider itself bound by the provisions of article 16 (1).

Cuba

Reservation:

The Republic of Cuba declares, pursuant to article 16, 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 reiterates that it does not recognize the compulsory jurisdiction of the International Court of Justice.

Democratic People's Republic of Korea

Reservations:

... with the following reservations:

Dominica

Understanding:

The aforesaid Convention prohibits the taking of hostages in any circumstances, even those referred to in article 12.

El Salvador

Upon signature:

With the reservation permitted under article 16 (2) of the said Convention.

Upon ratification:

Reservation with respect to the application of the provisions of article 16, paragraph 1 of the Convention.

Ethiopia

Reservation pursuant to article 16 (2):

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.

France

Declarations:

India

Reservation:

The Government of the Republic of India declares that it does not consider itself bound by paragraph 1 of article 16 which establishes compulsory arbitration or adjudication by the International Court of Justice concerning disputes between two or more States Parties relating to the interpretation or application of this Convention at the request of one of them.

Italy

Upon signature:

The Italian Government declares that, because of the differing interpretations to which certain formulations in the text lend themselves, Italy reserves the right, when depositing the instrument of ratification, to invoke article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969 in conformity with the general principles of international law.

Jordan

The Government of the Hashemite Kingdom of Jordan declares that their accession to the International Convention against the Taking of Hostages can in no way be construed as constituting recognition of, or entering into treaty relations with the ‘state of Israel’.

Kenya

The Government of the Republic of Kenya does not consider herself bound by the provisions of paragraph (1) of the article 16 of the Convention.

Kuwait

Declaration:

It is understood that the accession to this Convention does not mean in any way a recognition of Israel by the Government of the State of Kuwait.

Furthermore, no treaty relations will arise between the State of Kuwait and Israel.

Lao People's Democratic Republic

Reservation:

In accordance with paragraph 2, Article 16 of the International Convention Against the Taking of Hostages, the Lao People's Democratic Republic does not consider itself bound by paragraph 1, article 16 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.

Lebanon

Declaration:

Liechtenstein

Interpretative declaration:

The Principality of Liechtenstein construes article 4 of the Convention to mean that the Principality of Liechtenstein undertakes to fulfil the obligations contained therein under the conditions laid down in its domestic legislation.

Malawi

While the Government of the Republic of Malawi accepts the principles in article 16, this acceptance would nonetheless be read in conjunction with [the] declaration [made by the President and the Minister for Foreign Affairs of Malawi] of 12 December, 1966 upon recognition as compulsory, the jurisdiction of the International Court of Justice under article 36, paragraph 2, of the State of the Court.

Mexico

In relation to article 16, the United Mexican States adhere to the scope and limitations established by the Government of Mexico on 7 November 1945, at the time when it ratified the Charter of the United Nations and the Statute of the International Court of Justice.

6 August 1987

The Government of Mexico subsequently specified that the said declaration should be understood to mean that, in so far as article 16 is concerned, the United Mexican States accede subject to the limits and restrictions laid down by the Mexican Government when recognizing, on 23 October 1947, the compulsory jurisdiction of the International Court of Justice in accordance with article 36, paragraph 2, of the State of the Court.

Mozambique

Declaration in accordance with its article 16, paragraph 2:

The Republic of Mozambique does not consider itself bound by the provisions of article 16 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 declares that:

The Republic of Mozambique, in accordance with its Constitution and domestic laws, can not extradite Mozambique citizens.

Therefore, Mozambique citizens will be tried and sentenced in national courts.

Myanmar

Reservation:

The Government of the Union of Myanmar does not consider itself bound by the article 16 (1) of the International Convention against the Taking of Hostages adopted on 17 December 1979.

Netherlands

Reservation:

In cases where the judicial authorities of either the Netherlands, the Netherlands Antilles or Aruba cannot exercise jurisdiction pursuant to one of the principles mentioned in article 5, paragraph 1, the Kingdom accepts the aforesaid obligation [laid down in article 8] subject to the condition that it has received and rejected a request for extradition from another State party to the Convention.

Declaration:

In the view of the Government of the Kingdom of the Netherlands article 15 of the Convention, and in particular the second sentence of that article, in no way affects the applicability of article 33 of the Convention of 28 July 1951 relating to the Status of Refugees.

Republic of Moldova

Reservation:

Pursuant to article 16, paragraph 2 of the International Convention against the Taking of Hostages, the Republic of Moldova declares that it does not consider itself bound by the provisions of article 16, paragraph 1 of the Convention.

Russian Federation

[Same reservation and declaration identical in substance, mutatis mutandis, as those made by Belarus.]

Saudi Arabia

Reservation:

Declaration:

Serbia and Montenegro

Confirmed upon succession:Declaration:

The [Government of Yugoslavia] herewith states that the provisions of Article 9 of the Convention should be interpreted and applied in practice in the way which would not bring into question the goals of the Convention, i.e. undertaking of efficient measures for the prevention of all acts of the taking of hostages as a phenomenon of international terrorism, as well as the prosecution, punishment and extradition of persons considered to have perpetrated this criminal offence.

Switzerland

Declaration:

The Swiss Federal Council interprets article 4 of the Con-vention to mean that Switzerland undertakes to fulfil the obligations contained therein in the conditions specified by its domestic legislation.

Tunisia

Reservation:

[The Government of the Republic of Tunisia] declares that it does not consider itself bound by the provisions of paragraph 1 of article 16 and states that disputes concerning the interpretation or application of the Convention can only be submitted to arbitration or to the International Court of Justice with the prior consent of all the Parties concerned.

Turkey

Reservation:

In acceding to the Convention the Government of the Republic of Turkey, under article 16 (2) of the Convention declares that it doesn‘t consider itself bound by the provisions of paragraph (1) of the said article.

Ukraine

[Same reservation and declaration identical in substance, mutatis mutandis, as those made by Belarus.]

Venezuela (Bolivarian Republic of)

Declaration:

The Republic of Venezuela declares that it is not bound by the provisions of article 16 paragraph 1, of the Convention.

Objections

(Unless otherwise indicated, the objections were received upon ratification accession, acceptance, approval, formal confirmation or succession.)

Israel

9 Septebmer 1998

With regard to declarations made by Lebanon upon accession:

The Government of Israel refers in particular to the political declaration [see declaration “l” made under “Lebanon”] made by the Lebanese Republic on acceding to the [said] Convention.

In the view of the Government of Israel, this Convention is not the proper place for making declarations of a political character. The Government of Israel will, in so far as concerns the substance of the matter adopt towards the Lebanese Republic an attitude of complete reciprocity.

Moreover, in view of the Government of Israel, the Lebanese understanding of certain of the Convention's provisions [see declaration “1” made under “Lebanon”] is incompatible with and contradictory to the object and purpose of the Convention and in effect defeats that object and purpose.”

SCHEDULE 2

“SCHEDULE 7H

PART A INTERNATIONAL CONVENTION ON THE PREVENTION AND PUNISHMENT OF CRIMES AGAINST INTERNATIONALLY PROTECTED PERSONS INCLUDING DIPLOMATIC AGENTS

Adopted at New York on the 14^th day of December 1973

THE STATES PARTIES TO THIS CONVENTION,

HAVING IN MIND the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and the promotion of friendly relations and co-operation among States,

CONSIDERING that crimes against diplomatic agents and other internationally protected persons jeopardizing the safety of these persons create a serious threat to the maintenance of normal international relations which are necessary for co-operation among States,

BELIEVING that the commission of such crimes is a matter of grave concern to the international community,

CONVINCED that there is an urgent need to adopt appropriate and effective measures for the prevention and punishment of such crimes,

HAVE AGREED as follows:

Article 1

For the purposes of this Convention:

• (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

• (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.

Article 3

• (a) when the crime is committed in the territory of that State or on board a ship or aircraft registered in that State;

• (b) when the alleged offender is a national of that State;

• (c) when the crime is committed against an internationally protected person as defined in Article 1 who enjoys his status as such by virtue of functions which he exercises on behalf of that State.

Article 4

States Parties shall co-operate in the prevention of the crimes set forth in Article 2 particularly by:

• (a) taking all practicable measures to prevent preparations in their respective territories for the commission of those crimes within or outside their territories;

• (b) exchanging information and coordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.

Article 5

Article 6

• (a) the State where the crime was committed;

• (b) the State or States of which the alleged offender is a national or, if he is a stateless person, in whose territory he permanently resides;

• (c) the State or States of which the internationally protected person concerned is a national or on whose behalf he was exercising his functions;

• (d) all other States concerned; and

• (e) the international organization of which the internationally protected person concerned is an official or an agent.

• (a) to communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to protect his rights or, if he is a stateless person, which he requests and which is willing to protect his rights; and

• (b) to be visited by a representative of that State.

Article 7

The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.

Article 8

Article 9

Any person regarding whom proceedings are being carried out in connexion with any of the crimes set forth in Article 2 shall be guaranteed fair treatment at all stages of the proceedings.

Article 10

Article 11

The State Party where an alleged offender is prosecuted shall communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States Parties.

Article 12

The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this Convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those Treaties.

Article 13

Article 14

This Convention shall be opened for signature by all States, until 31 December 1974, at United Nations Headquarters in New York.

Article 15

This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 16

This Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 17

Article 18

Article 19

The Secretary-General of the United Nations shall inform all States, inter alia:

• (a) of signatures to this Convention, of the deposit of instruments of ratification or accession in accordance with Articles 14, 15 and 16 and of notifications made under Article 18;

• (b) of the date on which this Convention will enter into force in accordance with Article 17.

Article 20

The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 14 December 1973.

PART B Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession. For objections thereto see hereinafter.)

Algeria

Reservation:

The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents.

The Government of the People's Democratic Republic of Algeria states that in each individual case, a dispute may be submitted to arbitration or referred to the International Court of Justice only with the consent of all parties to the dispute.

Andorra

Declaration:

In view of article 1, paragraph 1 (a) of this Convention, the Principality of Andorra declares that, in accordance with article 43 of the Constitution of Andorra, and the tradition dating from the Pareatges of 1278, the Heads of State of Andorra are jointly and indivisbly the Coprinceps. These Coprinceps, in their personal and exclusive right, are the Bishop of Urgell and the President of the French Republic.

Argentina

In accordance with article 13, paragraph 2, of the Convention, the Argentine Republic declares that it does not consider itself bound by the provisions of article 13, paragraph 1 of the Convention.

Belarus

Reservation made upon signature and confirmed upon ratification:

The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of article 13, paragraph 1, 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, in each individual case, the consent of all parties to such a dispute is necessary for submission of the dispute to arbitration or to the International Court of Justice.

Brazil

Reservation:

With the reservation provided for in paragraph 2 of article 13.

Burundi

In respect of cases where the alleged offenders belong to a national liberation movement recognized by Burundi or by an international organization of which Burundi is a member and their actions are part of their struggle for liberation, the Government of the Republic of Burundi reserves the right not to apply to them the provisions of article 2, paragraph 2 and article 6, paragraph 1.

China

[The People's Republic of China] declares that, in accordance with paragraph 2 of article 13 of the Convention, the People's Republic of China has reservations on paragraph 1 of article 13 of the Convention and does not consider itself bound by the provisions of the said paragraph.

Colombia

Reservations:

...

Cuba

Declaration:

In accordance with article 13, paragraph 2 of the Convention, the Republic of Cuba declares that it does not consider itself bound by the provisions of article 13, paragraph 1 of the Convention.

Democratic People's Republic of Korea

Reservation:

The Government of the Democratic People's Republic of Korea does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, recognizing that any dispute between two or more States Parties concerning the interpretation or application of the Convention should not, without consent of both parties, be submitted to international arbitration and to the International Court of Justice.

Democratic Republic of the Congo

The Republic of Zaire does not consider itself bound by the provisions of article 13 paragraph 1, of the Convention, under which any dispute between two or more Contracting Parties concerning the interpretation or application of the Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration or referred to the International Court of Justice. In the light of its policy based on respect for the sovereignty of States, the Republic of Zaire is opposed to any form of compulsory arbitration and hopes that such disputes may be submitted to arbitration or referred to the International Court of Justice not at the request of one of the parties but with the consent of all the interested parties.

Ecuador

Upon signature:

Ecuador wishes to avail itself of the provisions of article 13, paragraph 2, of the Convention, declaring that it does not consider itself bound to refer disputes concerning the application of the Convention to the International Court of Justice.

El Salvador

The State of El Salvador does not consider itself bound by paragraph 1 of article 13 of the Convention.

Ethiopia

Reservation pursuant to article 13 (2):

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

Reservation made upon signature and confirmed upon ratification:

Finland reserves the right to apply the provision of article 8, paragraph 3, in such a way that extradition shall be restricted to offences which, under Finnish Law, are punishable by a penalty more severe than imprisonment for one year and, provided also that other conditions in the Finnish Legislation for extradition are fulfilled.

Declaration made upon signature:

Finland also reserves the right to make such other reservations as it may deem appropriate if and when ratifying this Convention.

France

Declarations:

France understands that only acts which may be defined as acts of terrorism constitute crimes within the meaning of article 2 of the Convention.

The application of the Convention shall be without prejudice to the Convention adopted at New York on 9 December 1994 on the Safety of United Nations and Associated Personnel.

Germany

Upon signature:

The Federal Republic of Germany reserves the right, upon ratifying this Convention, to state its views on the explanations of vote and declarations made by other States upon signing or ratifying or acceding to that Convention and to make reservations regarding certain provisions of the said Convention.

Ghana

• (i) Paragraph 1 of article 13 of the Convention provides that disputes may be submitted to arbitration, failing which any of the parties to the dispute may refer it to the International Court of Justice by request. Since Ghana is opposed to any form of compulsory arbitration, she wishes to exercise her option under article 13 (2) to make a reservation on article 13 (1). It is noted that such a reservation can be withdrawn later under article 13 (3).”

India

The Government of the Republic of India does not consider itself bound by paragraph 1 of article 13 which establishes compulsory arbitration or adjudication by the International Court of Justice concerning disputes between two or more States Parties relating to the interpretation or application of this Convention.

Iraq

• (1) The resolution of the United Nations General Assembly with which the abovementioned Convention is enclosed shall be considered to be an integral part of the abovementioned Convention.

• (2) Sub-paragraph (b) of paragraph (1) of article 1 of the Convention shall cover the representatives of the national liberation movements recognized by the League of Arab States or the Organization of African Unity.

• (3) The Republic of Iraq shall not bind itself by paragraph (1) of article 13 of the Convention.

• (4) The accession of the Government of the Republic of Iraq to the Convention shall in no way constitute a recognition of Israel or a cause for the establishment of any relations of any kind therewith.

Israel

Declarations:

The Government of the State of Israel declares that its accession to the Convention does not constitute acceptance by it as binding of the provisions of any other international instrument, or acceptance by it of any other international instrument as being an instrument related to the Convention.

The Government of Israel reaffirms the contents of its communication of 11 May 1979 to the Secretary-General of the United Nations.

Reservation:

The State of Israel does not consider itself bound by paragraph 1 of article 13 of the Convention.

Jamaica

Jamaica avails itself of the provisions of article 13, para- graph 2, and declares that it does not consider itself bound by the provisions of paragraph 1 of this article under which any dispute between two or more States Parties concerning the interpretation or application of this Convention shall, at the request of one of them, be submitted to arbitration or referred to the International Court of Justice, and states that in each individual case, the con sent of all parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice.

Jordan

Reservation:

The Government of the Hashemite Kingdom of Jordan declares that its accession [...] cannot give rise to relations with “Israel”.

Kuwait

Declaration:

[The Government of Kuwait] wishes to reiterate Kuwait's complete reservation on paragraph 1 of article 13 in the Convention, for its accession to it does not mean in any way a recognition of Israel by the Government of the State of Kuwait and does not engage them into any treaty relations as a result.

Lao People's Democratic Republic

Reservation:

In accordance with paragraph 2, Article 13 of the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, the Lao People's Democratic Republic does not consider itself bound by paragraph 1, article 13 of the present Convention. The Lao People's Democratic Republic declares that to refer to 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.

Liechtenstein

Interpretative declaration:

The Principality of Liechtenstein construes articles 4 and 5, paragraph 1 of the Convention, to mean that the Principality of Liechtenstein undertakes to fulfil the obligations contained therein under the conditions laid down in its domestic legislation.

Lithuania

Reservation:

Whereas it is provided in paragraph 2 of Article 13 of the said Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania does not consider itself bound by paragraph 1 of Article 13 of the said Convention, providing that any dispute concerning the interpretation or application of this Convention shall be referred to the International Court of Justice.

Malawi

The Government of the Republic of Malawi [declares], in accordance with the provisions of paragraph 2 of article 13, that it does not consider itself bound by the provisions of paragraph 1 of article 13 of the Convention.

Malaysia

Declarations:

Mauritius

Reservation:

In accordance with Article 13, paragraph 2, of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, the Republic of Mauritius hereby declares that it does not consider itself bound by the provisions of Article 13, paragraph 1, of the Convention, and states that it considers that a dispute may be submitted or referred to the International Court of Justice only with the consent of all parties to the dispute.

Declaration:

The Republic of Mauritius rejects the extension of the Convention by the Government of the United Kingdom and Northern Ireland to the Chagos Archipelago (so-called British Indian Ocean Territory) and reaffirms its sovereignty over the Chagos Archipelago which forms part of its national territory.

Mongolia

Declaration made upon signature and renewed upon ratification:

The Mongolian People's Republic does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, under which any dispute between two or more States Parties 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, in each individual case the consent of all parties to such a dispute is necessary for submission of the dispute to arbitration or to the International Court of Justice.

Mozambique

Declaration in accordance with its article 13, paragraph 2:

The Republic of Mozambique does not consider itself bound by the provisions of article 13, paragraph 1 of the Convention.