IMO I462E-1988 INTERNATIONAL CONFERENCE ON THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION Rome 1988.pdf

1、INTERNATIONAL CONFERENCE ON THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION Rome 1988 SUIIKESSION Of lJNI.AWrOI. ACTS INTERNATIONAL CONFERENCE ON THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION Rome 1988 Final Act of the Conference Convention for

2、 the Suppression of Unlawful Acts against the Safety of Maritime Navigation Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf INTERNATIONAL MARITIME ORGANIZATION London, 1988 First piihlislrecl in 1988 by the INTERNATIONAL MARITIME O

3、RGANIZATION 4 Albert Embankment, London SE1 7SR Printed by the International Maritime Organization, London 81097 IS BN 92-80 I - 1 24 1 -4 I IMOPUBLICATION I 1 Sales number: 1462E I Copyright 0 IMO 1988 AN rights reserved. No prirt of this puhlicution tiiciy he reprocluced. stored in ei retrieved sy

4、stem or truiwmittecl iii einv ,forin or by uny ierins, electronic, electrostertic. mugtietic tripe, niecliriniculs pliotocop!ing or otliernise, without prior perriiission in writing ,front the Iiiternritiotiul Mciritinie Organizution. FOREWORD By its resolution 40/61 of 9 December 1985 on “measures

5、to prevent international terrorism and the study of the underlying causes of terrorism”, the General Assembly of the United Nations, inter alia, requested the International Maritime Organization “to study the problem of terrorism aboard or against ships with a view to making recommendations on appro

6、priate measures”. By resolution A.584(14) of 20 November 1985 on “Measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crews”, the Assembly of the International Maritime Organization recognized the need for IMO “to assist in the formulation of

7、 internationally agreed technical measures to improve security and reduce the risk to the lives of passengers and crews on board ships”. The Assembly directed the Maritime Safety Committee, “in co-operation with other Committees, as required, to develop, on a priority basis, detailed and practical t

8、echnical measures, including both shoreside and shipboard measures, which may be employed by Governments, port authorities and administrations, shipowners, ship operators, shipmasters and crews to ensure the security of passengers and crews on board ships”. Pursuant to this direction from the Assemb

9、ly, the Maritime Safety Committee prepared and adopted “Measures to Prevent Unlawful Acts Against Passengers and Crews on Board Ships”, which were circulated to Governments and interested bodies and organs. At its fifty-seventh session in November 1986, the Council of IMO considered a proposal, join

10、tly submitted by the Governments of Austria, Egypt and Italy, for the preparation, under the auspices of IMO, of a convention on the suppression of unlawful acts against the safety of maritime navigation. The proposal was accompanied by a draft Convention and an Explanatory Note. The Council unanimo

11、usly agreed that the matter was appropriate for consideration by IMO and deserved urgent action; and it accordingly appointed an Ad Hoc Preparatory Committee with the mandate to prepare, on a priority basis, a draft convention for the suppression of ?!flIwful pcrz agirlqt the safety of navigaf-m usi

12、ng as the basis o its iwrk the draft convention submitted by the three sponsoring Governments. The Council also decided that the draft convention prepared by the Ad Hoc Preparatory Committee would be submitted to the Legal Committee of the Organization for its comments, if any, prior to a diplomatic

13、 conference which might be convened for the adoption of the convention. . 111 The Ad Hoc Preparatory Committee considered the matter at two sessions, held in March 1987 and May 1987 respectively. The Preparatory Committee agreed on: a draft Convention for the Suppression of Unlawful Acts against the

14、 Safety of Maritime Navigation; and a draft Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms. Located on the Continental Shelf. (a) (b) The report of the Ad Hoc Preparatory Committee was considered by the Council at its fifty-eighth session in June 1987. The Counci

15、l authorized that the necessary arrangements be made for holding a diplomatic conference to adopt the instruments prepared by the Preparatory Committee. The Council accepted with gratitude the invitation of the Government of Italy to host the conference in Rome. The draft instruments prepared by the

16、 Ad Hoc Preparatory Committee were considered by the Legal Committee at an extraordinary session convened pursuant to the decision of the Council. The Committee gave consideration to the two draft instruments, with particular reference to a number of specific issues which had been identified by the

17、Council at its fifty-eighth session when it considered the report of the Ad Hoc Preparatory Committee. As requested by the Council, the comments and suggestions made in the discussions of the Legal Committee were circulated to Governments and interested organizations for consideration at the diploma

18、tic conference. In accordance with the decision of the Council, the diplomatic conference was held in Rome from 1 to 10 March 1988. The conference adopted two treaty instruments, namely: the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation the Protocol for th

19、e Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. This publication reproduces the texts of the Final Act of the Conference and of the two treaty instruments adopted by the conference. iv CONTENTS Final Act of the International Conference on the Su

20、ppression of Unlawful Acts against the Safety of Maritime Navigation Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation . Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf . Page 1 7 21 V FINAL

21、ACT OF THE INTERNATIONAL CONFERENCE ON THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION 1 In accordance with Article 2(b) of the Convention on the International Maritime Organization the Council of the Organization decided, at its fifty- eighth session in June 1987, to conv

22、ene an international conference on the suppression of unlawful acts against the safety of maritime navigation. This decision was endorsed by the Assembly of the Organization at its fifteenth regular session by resolution A.633(15) of 20 November 1987. The purpose of the conference was to consider th

23、e adoption of instruments on the suppression of unlawful acts against the safety of maritime navigation and the safety of fixed platforms located on the continental shelf. 2 The Council, with the approval of the Assembly, accepted with gratitude the kind invitation of the Government of Italy for the

24、 conference to be held in Rome. 3 The Conference was held at the Headquarters of the Food and Agriculture Organization of the United Nations in Rome, from 1 March to 10 March 1988. 4 the representatives of: Representatives of 76 States participated in the Conference, namely Algeria Argentina Austral

25、ia Austria Bahamas Bangladesh Belgium Bolivia Brazil Brunei Darussalam Bulgaria Byelorussian Soviet Socialist Canada Chile Republic China Colombia Costa Rica Cyprus Czechoslovakia Denmark Ecuador Finland France German Democratic Republic Germany, Federal Republic of Ghana Greece Haiti Egypt Honduras

26、 Hungary India Indonesia Iran (Islamic Republic 00 Iraq Ireland Israel Italy Japan Jordan Kenya Kuwait Lebanon Liberia Libyan Arab Jamahiriya Malaysia Malta Mexico Morocco Netherlands New Zealand Nicaragua Nigeria Norway Peru Philippines Poland Portugal Republic of Korea Saudi Arabia Somalia Spain S

27、udan Sweden Switzerland Syrian Arab Republic Thailand Turkey Ukrainian Soviet Socialist Union of Soviet Socialist United Arab Emirates United Kingdom of Great Britain and Northern Ireland United States of America Yemen Yugoslavia Zaire Republic Republics 5 The following States sent observers to the

28、Conference: Cuba Panama Guinea Qatar Holy See Tunisia The Palestine Liberation Organization (PLO) sent observers to the 6 Conference. 7 8 was represented at the Conference. 9 Conference: The United Nations was, represented at the Conference. The Office of the United Nations High Commissioner for Ref

29、ugees The following intergovernmental organization sent observers to the International Institute for the Unification of Private Law (UNIDROIT) 2 10 observers to the Conference: The following non-governmental international organizations sent International Chamber of Shipping (ICS) Baltic and Internat

30、ional Maritime Council (BIMCO) 11 The Conference was opened by Mr. C.P. Srivastava, Secretary-General of the International Maritime Organization. On behalf of the Government of Italy, Hon. Prof. Giuliano Vassalli, the Minister of Justice, made a statement welcoming the delegates. 12 President of the

31、 Conference. Professor L. Ferrari Bravo, Head of the delegation of Italy, was elected 13 The Vice-Presidents elected by the Conference were: H.E. Sr. J.A. Medicis (Brazil) M. C. Tepavitcharov (Bulgaria) Mr. Shen Zhaoqi (China) S.E. Dr. G. Bula Hoyos (Colombia) M. C. Douay (France) Mr. H.-J. Heldt (F

32、ederal Republic of Germany) Hon. Mr. J.P. Keller (Liberia) 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 Secr

33、etary-General of the Organization, served as Executive Secretary of the Conference and Mr. C.H. Zimmerli, Senior Deputy Director, Legal Affairs and External Relations Division, served as Deputy Executive Secretary. 15 The Conference established a Committee of the Whole with the mandate to consider t

34、he two draft instruments before the Conference, namely, the draft Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the draft Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. 16 The Confe

35、rence also established a Drafting Committee consisting of the following States: Algeria, Argentina, Austria, China, Egypt, France, the German Democratic Republic, Japan, Kenya, Peru, the Philippines, Spain, Sweden, the USSR, the United Kingdom and the United States. 3 17 A Credentials Committee cons

36、isting of Bangladesh, Belgium, Czechoslovakia, Ghana and Honduras was appointed to examine the credentials of representatives attending the Conference. 18 The officers elected for the Committee were as follows: Committee of the Whole: Chairman: Mr. P. Kirsch (Canada) Vice-chairmen: Ms. R. Hussein (M

37、alaysia) H.E. Seiior Luis Solari (Peru) Citoyen S.K. Milombe (Zaire) Drafting Committee: Chairman: Vice-chairmen: H.E. Mr. Ahmed Abulkheir (Egypt) H.E. Dr. H. Tuerk (Austria) Dr. G. Plant (United Kingdom) Credentials Corn m it tee: Chairman: Mr. W.K. Ansa-Otu (Ghana) 19 The Conference used as the ba

38、sis of its work the draft texts prepared by the Ad Hoc Preparatory Committee on the Suppression of Unlawful Acts against the Safety of Maritime Navigation which was established by the Council of IMO. These were: 0 draft Convention for the Suppression of Unlawful Acts against the Safety of Maritime N

39、avigation; draft Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. 20 The Conference also had before it a document containing the comments of the Legal Committee of IMO, which had been submitted in accordance with the request of the

40、 Council of the Organization. 21 Also before the Conference were a number of documents, comments and observations, including proposed amendments, from Governments and interested organizations in relation to the draft texts referred to in paragraph 19 above. 22 As a result of its deliberations, as re

41、corded in the reports of the plenary meetings and of the various committees, the Conference adopted the following instruments : 4 (a) CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION (b) PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF FIXE

42、D PLATFORMS LOCATED ON THE CONTINENTAL SHELF 23 In relation to article 4 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, some delegations were in favour of the inclusion in article 4, paragraph 1, of straits used for international navigation. Other d

43、elegations pointed out that it was unnecessary to include them since navigation in such straits was one of the situations envisaged in article 4, paragraph 1. Therefore, the Convention will apply in straits used for international navigation, without prejudice to the legal status of the waters formin

44、g such straits in accordance with relevant conventions and other rules of international law. 24 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 be deposited with the Secretary-General of the Inter

45、national Maritime Organization. 25 The Secretary-General shall send certified copies of this Final Act and certified copies of the authentic texts of the instruments referred to in paragraph 22 above to the Governments of the States invited to be represented at the Conference, in accordance with the

46、 wishes of those Governments. IN WITNESS WHEREOF the undersigned have affixed their signature to this Final Act.* DONE AT ROME this tenth day of March one thousand nine hundred and eighty-eight. * Signature pages omitted. 5 CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITI

47、ME NAVIGATION 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 ev

48、eryone 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, DEEPLY CONCERNED about the world-wide escalation of acts of terrorism in all its forms, which endanger or take innocent

49、human lives, jeopardize fundamental freedoms and seriously impair the dignity of human beings, CONSIDERING that unlawful acts against the safety of maritime navigation jeopardize the safety of persons and property, seriously affect the operation of maritime services, and undermine the confidence of the peoples of the world in the safety of maritime navigation, CONSIDERING that the occurrence of such acts is a matter of grave concern to the international community as a whole, BEING CONVINCED of the urgent need to develop international co- operation between States in devising and adoptin