International instruments against terrorism

UN Chronicle, Sept-Nov, 2001

Convention on Offences and Certain Other Acts Committed on Board Aircraft (Developed by ICAO and adopted in Tokyo in 1963; 171 States parties as of 17 September 2001)

Known as the "Tokyo Convention", this treaty applies to acts affecting in-flight safety. It:

* authorizes the aircraft commander to impose reasonable measures, including restraint, on any person he or she has reason to believe has committed or is about to commit such an act, which are necessary, to protect the safety of the aircraft;

* requires contracting States to take custody of offenders and to return control of the aircraft to the lawful commander.

Convention for the Suppression of Unlawful Seizure of Aircraft (Developed by ICAO and adopted in The Hague in 1970; 174 States parties)

Known as the "Hague Convention", this treaty combats aircraft hijackings. It:

* makes it an offence for any person who board an aircraft in flight, "unlawfully, by force or threat thereof or any other form of intimidation, seizes or exercises control of that aircraft", or attempts to do so;

* requires parties to the Convention to make hijackings punishable by "severe penalties";

* requires parties that have custody of an alleged offender to either extradite him or submit the case for prosecution;

* requires parties to assist each other in connection with criminal proceedings brought under the Convention.

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Developed by ICAO and adopted in Montreal in 1971; 175 States parties)

Known as the "Montreal Convention", this treaty applies to acts of aviation sabotage, such as bombings aboard aircraft in flight. It:

* makes it an offence for any person, unlawfully and intentionally: to perform an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; to place an explosive device on an aircraft; and to attempt such acts or be an accomplice of a person who performs or attempts to perform such acts;

* requires parties to the Convention to make offences punishable by "severe penalties";

* requires parties that have custody of offenders to either extradite the offender or submit the case for prosecution.

Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (Adopted in Montreal in 1988; 107 States parties)

This protocol extends and supplements the provisions of the Montreal Convention to encompass terrorist acts at airports serving international civil aviation.

Convention on the Prevention and Punishment of Crimes against internationally Protected Persons including Diplomatic Agents (Adopted by the General Assembly in 1973; 107 States parties)

This treaty outlaws attacks on State officials and representatives. It:

* defines an internationally protected person as a Head of State, Minister for Foreign Affairs, representative or official of a State or an international organization who is entitled to special protection from attack under international law;

* requires each party to criminalize and make punishable "by appropriate penalties, which take into account their grave nature": the intentional murder, kidnapping or other attack upon the person or liberty of an internationally protected person; a violent attack upon the official premises, the private accommodations, or the means of transport of such person; a threat or attempt to commit such an attack; and an act "constituting participation as an accomplice".

International Convention against the Taking of Hostages (Adopted by the General Assembly in 1979; 96 States parties)

Known as the "Hostages Convention", this treaty combats the unlawful taking of hostages It:

* provides that "any person who seizes or detains and threatens to kill, to injure or to continue to detain another person 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 within the meaning of this Convention".

Convention on the Physical Protection of Nuclear Material (Developed by IAEA and adopted in Vienna in 1980; 68 States parties)

Knowns as the "Nuclear Materials Convention this treaty combats unlawful taking and use of nuclear material. It:

* criminalizes the unlawful possession, use and transfer of nuclear material, the theft of nuclear material, and threats to use nuclear material to cause death or serious injury to any person or substantial property damage:

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Developed by IMO and adopted in Rome in 1988; 52 States parties)

This treaty applies to terrorist activities on ships It.

* establishes a legal regime applicable to acts against international maritime navigation that is similar to the regimes established against international aviation;

* makes it an offence for a person to seize or exercise control over a ship by force, threat or intimidation; to perform an act of violence on board a ship that endangers the safe navigation of the ship; to place a destructive device aboard a ship; and other acts against the safety of ships.