IMO EA462E-2006 SUA Convention International Conference on the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome 1988) (Electronic Edition).pdf

1、SUA ConventionInternational Conference on the Suppression of Unlawful Actsagainst the Safety of Maritime Navigation (Rome 1988)Final Act of the Conferences of 1988 and 2005Convention for the Suppression of Unlawful Acts against the Safetyof Maritime NavigationProtocol for the Suppression of Unlawful

2、 Acts against the Safetyof Fixed Platforms located on the Continental Shelf2006 editionBINTERNATIONALMARITIMEORGANIZATIONLondon, 2006Published in 2006 by theINTERNATIONAL MARITIME ORGANIZATION4 Albert Embankment, London SE1 7SRFirst edition, 1988Second edition, 2006Printed and bound in the United Ki

3、ngdom by William Clowes Ltd, Beccles, Suffolk24681097531ISBN 978-92-801-4229-7IMO PUBLICATIONSales number: IA462ECopyright # International Maritime Organization 2006All rights reserved.No part of this publication may be reproduced,stored in a retrieval system or transmitted in any formor by any mean

4、s without prior permission in writingfrom the International Maritime Organization.NOTE: The name of the Organization as it appears in this publication was changedto International Maritime Organization by virtue of amendments to theOrganizations Convention which entered into force on 22 May 1982.Prin

5、t edition (ISBN: 978-92-801-4229-7) published in 2006by the INTERNATIONAL MARITIME ORGANIZATIONElectronic edition, 2007IMO PUBLICATIONSales number: EA462ECopyright # International Maritime Organization 2006All rights reserved.No part of this publication may be reproduced,stored in a retrieval system

6、 or transmitted in any formor by any means without prior permission in writingfrom the International Maritime Organization.ForewordIn response to UN Security Council resolution 1373 (2001), the IMO Assembly,in November 2001, adopted resolution A.924(22) which called for a review ofmeasures and proce

7、dures to prevent acts of terrorism which threaten the securityof passengers and crews and the safety of ships. Included in this Assemblyresolution was a request that the Legal Committee of the Organization undertake,on a high priority basis, a review to ascertain whether there was a need to updateth

8、e provisions of the Convention for the Suppression of Unlawful Acts againstthe Safety of Maritime Navigation and its Protocol for the Suppression ofUnlawful Acts against the Safety of Fixed Platforms located on the ContinentalShelf, and, in the light of such a review, to take prompt action as approp

9、riate.The 1988 Convention and its Protocol were originally adopted by a diplomaticconference held in Rome in March 1988. The main purpose of those instrumentswas to provide an international legal basis for action to be taken against personscommitting unlawful acts against ships and fixed platforms l

10、ocated on thecontinental shelf. Contracting Governments were obliged either to extradite orprosecute alleged offenders. The Legal Committee undertook a thoroughexamination of those 1988 instruments to identify where revisions might benecessary to take into account the increasing risks posed to marit

11、ime navigationby acts of terrorism. This examination extended over six sessions from 2002 to2005 and resulted in two draft protocols to the 1988 instruments.In October 2005, the International Conference on the Revision of the SUATreaties was held at IMO Headquarters in London to consider the draft p

12、rotocolsprepared by the Legal Committee. The Conference adopted the Protocol of 2005to the Convention for the Suppression of Unlawful Acts against the Safety ofNavigation and the Protocol of 2005 to the Protocol for the Suppression ofUnlawful Acts against the Safety of Fixed Platforms located on the

13、 ContinentalShelf. The Conference also requested the Secretary-General to prepareconsolidated texts of the Convention for the Suppression of Unlawful Actsagainst the Safety of Maritime Navigation, 2005 (2005 SUA Convention) and ofthe Protocol for the Suppression of Unlawful Acts against the Safety o

14、f FixedPlatforms located on the Continental Shelf, 2005 (2005 SUA Fixed PlatformsProtocol).This publication reproduces the texts of the 1988 and 2005 Treaties, theirconsolidated versions and the Final Acts of the 1988 and 2005 Conferences.Paragraph 23 of the Final Act of the 1988 Conference contains

15、 a statement onarticle 4.1 of the Convention. Paragraph 20 of the Final Act of the Conference of2005 contains a statement on article 3bis1(b)(iv) of the Protocol to theiiiForeword2005 Convention for the Suppression of Unlawful Acts against the Safety ofNavigation.This publication reproduces the text

16、s of the original 1988 SUA Convention andProtocol, the Final Act of the 2005 Conference, the two protocols adopted bythat Conference, as well as the consolidated text of the 2005 SUA Convention,and the consolidated text of the 2005 SUA Fixed Platforms Protocol.ivContentsFinal Act of the Internationa

17、l Conference on the Suppression ofUnlawful Acts against the Safety of Maritime Navigation (1988). 1Convention for the Suppression of Unlawful Acts against the Safetyof Maritime Navigation (1988) . 7Protocol for the Suppression of Unlawful Acts against the Safetyof Fixed Platforms located on the Cont

18、inental Shelf (1988) 19Final Act of the International Conference on the Revision of theSUA Treaties (2005) 25Protocol of 2005 to the Convention for the Suppressionof Unlawful Acts against the Safety of Navigation 31Protocol of 2005 to the Protocol for the Suppressionof Unlawful Acts against the Safe

19、ty of Fixed Platformslocated on the Continental Shelf 53Convention for the Suppression of Unlawful Acts against the Safetyof Maritime Navigation, 2005 (2005 SUA Convention) 61Protocol for the Suppression of Unlawful Acts against the Safetyof Fixed Platforms located on the Continental Shelf, 2005(200

20、5 SUA Fixed Platforms Protocol) 83vFinal Act of the International Conferenceon the Suppression of Unlawful Actsagainst the Safety of Maritime Navigation1 In accordance with Article 2(b) of the Convention on the InternationalMaritime Organization the Council of the Organization decided, at its fifty-

21、eighth session in June 1987, to convene an international conference on thesuppression of unlawful acts against the safety of maritime navigation. Thisdecision was endorsed by the Assembly of the Organization at its fifteenth regularsession by resolution A.633(l5) of 20 November 1987. The purpose of

22、theconference was to consider the adoption of instruments on the suppression ofunlawful acts against the safety of maritime navigation and the safety of fixedplatforms located on the continental shelf.2 The Council, with the approval of the Assembly, accepted with gratitudethe kind invitation of the

23、 Government of Italy for the conference to be held inRome.3 The Conference was held at the Headquarters of the Food and AgricultureOrganization of the United Nations in Rome, from 1 March to 10 March 1988.4 Representatives of 76 States participated in the Conference, namely therepresentatives of:Alg

24、eriaArgentinaAustraliaAustriaBahamasBangladeshBelgiumBoliviaBrazilBrunei DarussalamBulgariaByelorussian SovietSocialist RepublicCanadaChileChinaColombiaCosta RicaCyprusCzechoslovakiaDenmarkEcuadorEgyptFinlandFranceGerman Democratic RepublicGermany, Federal Republic ofGhanaGreeceHaitiHondurasHungaryI

25、ndiaIndonesiaIran (Islamic Republic of)Iraq1IrelandIsraelItalyJapanJordanKenyaKuwaitLebanonLiberiaLibyan Arab JamahiriyaMalaysiaMaltaMexicoMoroccoNetherlandsNew ZealandNicaraguaNigeriaNorwayPeruPhilippinesPolandPortugalRepublic of KoreaSaudi ArabiaSomaliaSpainSudanSwedenSwitzerlandSyrian Arab Republ

26、icThailandTurkeyUkrainian Soviet SocialistRepublicUnion of Soviet SocialistRepublicsUnited Arab EmiratesUnited Kingdom of Great Britainand Northern IrelandUnited States of AmericaYemenYugoslaviaZaire5 The following States sent observers to the Conference:CubaGuineaHoly SeePanamaQatarTunisia6 The Pal

27、estine Liberation Organization (PLO) sent observers to theConference.7 The United Nations was represented at the Conference.8 The Office of the United Nations High Commissioner for Refugees wasrepresented at the Conference.9 The following intergovernmental organization sent observers to theConferenc

28、e:International Institute for the Unification of Private Law(UNIDROIT)10 The following non-governmental international organizations sent observersto the Conference:International Chamber of Shipping (lCS)Baltic and International Maritime Council (BIMCO)SUA Conference, 1988 Final Act SUA, 1988211 The

29、Conference was opened by Mr. C.P. Srivastava, Secretary-General ofthe International Maritime Organization. On behalf of the Government of Italy,Hon. Prof. Giuliano Vassalli, the Minister of Justice, made a statementwelcoming the delegates.12 Professor L. Ferrari Bravo, Head of the delegation of Ital

30、y, was electedPresident of the Conference.13 The Vice-Presidents elected by the Conference were:H.E. Sr. J.A. Medicis (Brazil)M. C. Tepavitcharov (Bulgaria)Mr. Shen Zhao (China)S.E. Dr. G. Bula Hoyos (Colombia)M. C. Douay (France)Mr. H.-J. Heldt (Federal Republic of Germany)Hon. Mr. J. P. Keller (Li

31、beria)H.E. Mr. J.T. Kolo (Nigeria)H.E. Eng. A.Y. Al-Turki (Saudi Arabia)Mr. V.A. Vasilenko (Ukrainian SSR)14 The Secretary-General of the Conference was Mr. C.P. Srivastava,Secretary-General of the Organization. Mr. T.A. Mensah, Assistant Secretary-General of the Organization, served as Executive Se

32、cretary of the Conference andMr. C.H. Zimmerli, Senior Deputy Director, Legal Affairs and ExternalRelations Division, served as Deputy Executive Secretary.15 The Conference established a Committee of the Whole with the mandateto consider the two draft instruments before the Conference, namely, the d

33、raftConvention for the Suppression of Unlawful Acts against the Safety of MaritimeNavigation and the draft Protocol for the Suppression of Unlawful Acts againstthe Safety of Fixed Platforms located on the Continental Shelf.16 The Conference also established a Drafting Committee consisting of thefoll

34、owing States: Algeria, Argentina, Austria, China, Egypt, France, the GermanDemocratic Republic, Japan, Kenya, Peru, the Philippines, Spain, Sweden, theUSSR, the United Kingdom and the United States.17 A Credentials Committee consisting of Bangladesh, Belgium, Czechoslo-vakia, Ghana and Honduras was

35、appointed to examine the credentials ofrepresentatives attending the Conference.18 The officers elected for the Committee were as follows:Committee of the Whole:Chairman: Mr. P. Kirsch (Canada)Final Act SUA, 1988 SUA Conference, 19883Vice-Chairmen: Ms. R. Hussein (Malaysia)H.E. Senor Luis Solari (Pe

36、ru)Citoyen S.K. Milombe (Zaire)Drafting Committee:Chairman: H.E. Mr. Ahmed Abulkheir (Egypt)Vice-Chairmen: H.E. Dr. H. Tuerk (Austria)Dr. G. Plant (United Kingdom)Credentials Committee:Chairman: Mr. W.K. Ansa-Otu (Ghana)19 The Conference used as the basis of its work the draft texts prepared by theA

37、d Hoc Preparatory Committee on the Suppression of Unlawful Acts against theSafety of Maritime Navigation which was established by the Council of IMO.These were: draft Convention for the Suppression of Unlawful Acts against theSafety of Maritime Navigation; draft Protocol for the Suppression of Unlaw

38、ful Acts against the Safetyof Fixed Platforms Located on the Continental Shelf.20 The Conference also had before it a document containing the comments ofthe Legal Committee of IMO, which had been submitted in accordance with therequest of the Council of the Organization.21 Also before the Conference

39、 were a number of documents, comments andobservations, including proposed amendments, from Governments and interestedorganizations in relation to the draft texts referred to in paragraph 19 above.22 As a result of its deliberations, as recorded in the reports of the plenarymeetings and of the variou

40、s committees, the Conference adopted the followinginstruments:(a) Convention for the Suppression of Unlawful Acts against the Safetyof Maritime Navigation(b) Protocol for the suppression of Unlawful Acts against the Safety ofFixed Platforms located on the Continental Shelf23 ln relation to article 4

41、 of the Convention for the Suppression of UnlawfulActs against the Safety of Maritime Navigation, some delegations were in favourof the inclusion in article 4, paragraph 1, of straits used for internationalnavigation. Other delegations pointed out that it was unnecessary to include themsince navigat

42、ion in such straits was one of the situations envisaged in article 4,paragraph 1. Therefore, the Convention will apply in straits used for internationalnavigation, without prejudice to the legal status of the waters forming such straitsin accordance with relevant conventions and other rules of inter

43、national law.SUA Conference, 1988 Final Act SUA, 1988424 This Final Act is established in a single original text in the Arabic, Chinese,English, French, Russian and Spanish languages. The original text is to bedeposited with the Secretary-General of the International Maritime Organization.25 The Sec

44、retary-General shall send certified copies of this Final Act andcertified copies of the authentic texts of the instruments referred to in paragraph22 above to the Governments of the States invited to be represented at theConference, in accordance with the wishes of those Governments.IN WITNESS WHERE

45、OF the undersigned have affixed their signature to this FinalAct.*DONE AT ROME this tenth day of March one thousand nine hundred and eighty-eight.Final Act SUA, 1988 SUA Conference, 1988*Signature pages omitted.5Convention for the Suppressionof Unlawful Acts against the Safetyof Maritime NavigationT

46、HE STATES PARTIES to this Convention,HAVING IN MIND the purposes and principles of the Charter of the UnitedNations concerning the maintenance of international peace and security and thepromotion of friendly relations and co-operation among States,RECOGNIZINGin particular that everyone has the right

47、 to life, liberty and securityof person, as set out in the Universal Declaration of Human Rights and theInternational Covenant on Civil and Political Rights,DEEPLY CONCERNED about the world-wide escalation of acts of terrorism in allits forms, which endanger or take innocent human lives, jeopardize

48、fundamentalfreedoms and seriously impair the dignity of human beings,CONSIDERING that unlawful acts against the safety of maritime navigationjeopardize the safety of persons and property, seriously affect the operation ofmaritime services, and undermine the confidence of the peoples of the world int

49、he safety of maritime navigation,CONSIDERINGthat the occurrence of such acts is a matter of grave concern to theinternational community as a whole,BEING CONVINCED of the urgent need to develop international co-operationbetween States in devising and adopting effective and practical measures for theprevention of all unlawful acts against the safety of maritime navigation, and theprosecution and punishment of their perpetrators,RECALLINGresolution 40/61 of the General Assembly of the United Nations of 9December 1985 which, inter alia, urges all States unilaterally and in co-operationwi