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Piracy and Armed Robbery at SeaThe Legal Framework for Counter-Piracy Operations in Somalia and the Gulf of Aden$

Anna Petrig and Robin Geiß

Print publication date: 2011

Print ISBN-13: 9780199609529

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199609529.001.0001

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(p.247) Hostage Convention6 (excerpts)

(p.247) Hostage Convention6 (excerpts)

Source:
Piracy and Armed Robbery at Sea
Publisher:
Oxford University Press

Article 1

  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. 2. Any person who:

    1. (a) Attempts to commit an act of hostage-taking, or

    2. (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 5

  1. 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over any of the offences set forth in article 1 which are committed:

    1. (a) In its territory or on board a ship or aircraft registered in that State;

    2. (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;

    3. (c) In order to compel that State to do or abstain from doing any act; or

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

  2. 2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 1 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this article.

  3. 3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 6

  1. 1. Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the alleged offender is present shall, in accordance with its laws, take him into (p.248) custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. That State Party shall immediately make a preliminary inquiry into the facts.

  2. 2. The custody or other measures referred to in paragraph 1 of this article shall be notified without delay directly or through the Secretary-General of the United Nations to:

    1. (a) The State where the offence was committed;

    2. (b) The State against which compulsion has been directed or attempted;

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

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

    5. (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;

    6. (f) The international intergovernmental organization against which compulsion has been directed or attempted;

    7. (g) All other States concerned.

  3. 3. Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled:

    1. (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;

    2. (b) To be visited by a representative of that State.

  4. 4. The rights referred to in paragraph 3 of this article shall be exercised in conformity with the laws and regulations of the State in the territory of which the alleged offender is present subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 of this article are intended.

  5. 5. The provisions of paragraphs 3 and 4 of this article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with paragraph 1(b) of article 5 to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.

  6. 6. The State which makes the preliminary inquiry contemplated in paragraph 1 of this article shall promptly report its findings to the States or organization referred to in paragraph 2 of this article and indicate whether it intends to exercise jurisdiction.

Article 8

  1. 1. The State Party in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a grave nature under the law of that State.

  2. 2. Any person regarding whom proceedings are being carried out in connexion with any of the offences set forth in article 1 shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the law of the State in the territory of which he is present.

Notes:

(6) International Convention against the Taking of Hostages, adopted Dec. 18, 1979, 1316 U.N.T.S. 205.