CIAO
DATE: 11/01
Protocol for the Supression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf
United Nations Office
for Drug Control and Crime Prevention
March 10, 1988
Protocol for
the Supression of Unlawful Acts Against the Safety of Fixed Platforms Located
on the Continental Shelf
Signed at Rome 10 March 1988
The states parties
to this Convention,
Being parties
to the Convention for the Suppression of Unlawful Acts Against the Safety of
Maritime Navigation,
Recognizing that
the reasons for which the Convention was elaborated also apply to fixed platforms
located on the continental shelf,
Taking account
of the provisions of that Convention,
Affirming that
matters not regulated by this Protocol continue to begoverned by the rules and
principles of general International law,
Have agreed as
follows
Article 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 2 of this Protocol where such offences
are committed on board or against fixed platforms located on the continental
shelf.
- 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.
- 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
- Any person commits an offence if that person unlawfully and intentionally:
- seizes or exercises control over a fixed platform by force or threat thereof
or any other form of intimidation; or
- performs an act of violence against a person on board a fixed platform
lf that act is likely to endanger its safety; or
- destroys a fixed platform or causes damage to it which is likely to endanger
its safety; or
- 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
- injures or kills any person in connection with the commission or the attempted
commission of any of the offences set forth ln subparagraphs (a) to (d).
- Any person also commits an offence if that person:
- attempts to commit any of the offences set forth ln paragraph 1; or
- 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
- 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
1, subparagraphs (b) and (c), lf that threat is likely to endanger the safety
of the fixed platform.
Article 3
- Each State Party shall take such measures as may be necessary to establish
its jurisdiction over the offences set forth in article 2 when the offence
is committed:
- against or on board a fixed platform while it is located on the continental
shelf of that State; or
- by a national of that State.
- A State Party may also establish its jurisdiction over any such offence
when:
- it is committed by a stateless person whose habitual residence is in that
State;
- during its commission a national of that State is seized, threatened,
injured or killed; or
- it is committed in an attempt to compel that State to do or abstain from
doing any act.
- Any State Party
which has established jurisdiction mentioned in paragraph 2 shall notify the
Secretary-General of the International Maritime Organisation (hereinafter
referred to as "the Secretary-General"). If such State Party subsequently
rescinds that Jurisdiction, it shall notify the Secretary-General.
- Each State Party shall take such measures as may be necessary to establish
its jurisdiction over the offences set forth in article 2 in cases where the
alleged offender is present in its territory and it does not extradite him
to any of the States Parties which have established their jurisdiction in
accordance with paragraphs 1 and 2 of this article.
- This Protocol does not exclude any criminal jurisdiction exercised in accordance
with national law
Article 4
Nothing ln this
Protocol shall affect in any way the rules of international law pertaining to
fixed platforms located on the continental shelf
Article 5
- This Protocol
shall be open for signature at Rome on 10 March 1988 and at the Headquarters
of the International Maritime Organization (hereinafter referred to as "the
Organization") from 14 March 1988 to 9 March 1989 by any State which has signed
the Convention. It shall thereafter remain open for accession.
- States may
express their consent to be bound by this Protocol by:
- signature without reservation as to ratification, acceptance or approval;
or
- signature subject to ratification, acceptance or approval, followed by
ratification, acceptance or approval; or
- accession.
- Ratification,
acceptance, approval or accession shall be effected by the deposit of an instrument
to that effect with the Secretary-General.
- Only a State which has signed the Convention without reservation as to ratification,
acceptance or approval, or has ratified, accepted, approved or acceded to
the Convention may become a Party to this Protocol.
Article 6
- This Protocol shall enter into force ninety days following the date on which
three States have either signed it without reservation as to ratification,
acceptance or approval, or have deposited an instrument of ratification, acceptance,
approval or accession in respect thereof. However, this Protocol shall not
enter into force before the Convention has entered into force.
- For a State which deposits an instrument of ratification, acceptance, approval
or accession in respect of this Protocol after the conditions for entry into
force thereof have been met, the ratification, acceptance, approval or accession
shall take effect ninety days after the date of such deposit.
Article 7
- This Protocol may be denounced by any State Party at any time after the
expiry of one year from the date on which this Protocol enters into force
for that State.
- Denunciation shall be effected by the deposit of an instrument of denunciation
with the Secretary-General.
- A denunciation shall take effect one year, or such longer period as may
be specified in the instrument of denunciation, after the receipt of the instrument
of denunciation by the Secretary-General.
- A denunciation of the Convention by a State Party shall be deemed to be
a denunciation of this Protocol by that Party.
Article 8
- A conference for the purpose of revising or amending this Protocol may be
convened by the Organization.
- The Secretary-General shall convene a conference of the States Parties to
this Protocol for revising or amending the Protocol, at the request of one
third of the States Parties, or five States Parties, whichever is the higher
figure.
- Any instrument of ratification, acceptance, approval or accession deposited
after the date of entry into force of an amendment to this Protocol shall
be deemed to apply to the Protocol as amended.
Article 9
- This Protocol shall be deposited with the Secretary-General.
- The Secretary-General shall:
- inform all States which have signed this Protocol or acceded thereto,
and all Members of the Organization, of:
- each new signature or deposit of an instrument of ratification,
acceptance, approval or accession, together with the date thereof;
- the date of entry into force of this Protocol;
- the deposit of any instrument of denunciation of this Protocol together
with the date on which it is received and the date on which the denunciation
takes effect;
- the receipt of any declaration or notification made under this Protocol
or under the Convention, concerning this Protocol.
- transmit certified true copies of this Protocol to all States which
have signed this Protocol or acceded thereto
- As soon as this Protocol enters into force, a certified true copy thereof
shall be transmitted by the Depositary to the Secretary-General of the United
Nations for registration and publication in accordance with Article 102 of
the Charter of the United Nations.
Article 10
This Protocol
is established in a single original in the Arabic, Chinese, English, French,
Russian and Spanish languages, each text being equally authentic.
In witness whereof
the undersigned, being duly authorised by their respective Governments for that
purpose. have signed this Protocol.
Done at Rome this
tenth day of March one thousand nine hundred and eighty-eight.
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