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Scope Of The International Convention Against The Taking Of Hostages

Original Language Title: Geltungsbereich des Internationalen Übereinkommens gegen Geiselnahme

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167. Presentation of the Federal Chancellor concerning the scope of the International Convention against hostage-taking

According to the Communications of the Secretary-General of the United Nations, the following States have ratified their instruments of ratification or ratification. Certificates of accession to the International Convention against hostage-taking (BGBl. N ° 600/1986, last proclamation of the BGBl area. (III) No 113/2002):

States:

Date of deposit of the

Ratifications and/or Certificate of Accession:

Afghanistan

24 September 2003

Andorra

23 September 2004

Equatorial Guinea

7 February 2003

Armenia

16 March 2004

Ethiopia

16 April 2003

Bahrain

16 September 2005

Bangladesh

20 May 2005

Benin

31 July 2003

Burkina Faso

1 October 2003

Costa Rica

24 January 2003

Dominican Republic

3 October 2007

Djibouti

1 June 2004

Fiji

15 May 2008

Gabon

19 April 2005

Georgia

18 February 2004

Guinea

22 December 2004

Guinea-Bissau

6. August 2008

Guyana

12 September 2007

Iran

20 November 2006

Ireland

30 June 2005

Jamaica

9 August 2005

Cambodia

27 July 2006

Cape Verde

10 September 2002

Kyrgyzstan

2 October 2003

Kiribati

15 September 2005

Colombia

14. April 2005

Comoros

25 September 2003

Croatia

23 September 2003

Laos People's Democratic Republic

22 August 2002

Latvia

14 November 2002

Liberia

5 March 2003

Madagascar

24 September 2003

Malaysia

29 May 2007

Morocco

9 May 2007

Marshal Islands

27 January 2003

Micronesia

6 July 2004

Moldova

10 October 2002

Mozambique

14 January 2003

Myanmar

4 June 2004

Nauru

2 August 2005

Nicaragua

24 September 2003

Niger

26 October 2004

Papua New Guinea

30 September 2003

Paraguay

22 September 2004

Rwanda

13 May 2002

São Tomé and Príncipe

23 August 2006

Seychelles

12 November 2003

Sierra Leone

26 September 2003

South Africa

23 September 2003

Swaziland

4 April 2003

Tajikistan

6 May 2002

United Republic of Tanzania

22 January 2003

Thailand

2 October 2007

Tonga

9 December 2002

Chad

1 November 2006

Turkmenistan

25 June 1999

Uganda

5 November 2003

Uruguay

4 March 2003

United Arab Emirates

24 September 2003

Central African Republic

9 July 2007

Montenegro also has 23. On 3 June 2006, it declared that it had continued to comply with the Convention with effect from 3 June 2006, and that it was bound by the Federal Republic of Yugoslavia on the occasion of the submission of the Declaration of Continuity 1 Reservation is confirmed.

On the occasion of the deposit of their instrument of accession or The following states have expressed the following reservations: Statements made:

Ethiopia:

The Government of the Federal Democratic Republic of Ethiopia does not consider itself bound by the above provision of the Convention, according to which any dispute between two or more Contracting Parties concerning the interpretation or application of the Convention , at the request of which an arbitration procedure or the International Court of Justice is submitted, and it shall be established that disputes concerning the interpretation or application of the Convention shall be subject to arbitration or to the Court of Justice only with prior consent of all the parties concerned.

Colombia:

According to Article 16 (2) of the Convention, Colombia does not consider itself bound by Article 16 (1).

Iran:

In accordance with Article 16 (2) of the International Convention against Hostages, the Government of the Islamic Republic of Iran declares that it does not consider itself bound by Article 16 (1) of the Convention, concerning the expulsion of any dispute over the interpretation or application of this Convention, which cannot be settled by negotiation, to an arbitration procedure or to the International Court of Justice.

Laos People's Democratic Republic:

In accordance with Article 16 (2) of the International Convention against hostage-taking, the Lao People's Democratic Republic does not deem itself bound by Article 16 (1) of the Convention. The Lao People's Democratic Republic declares that the consent of all parties to the dispute in a dispute concerning the interpretation or application of the Convention for the submission of an arbitration procedure or to the International Court of Justice is required.

Malaysia:

1.

The Government of Malaysia understands the term "preliminary investigation to determine the facts" in Article 6 (1) of the Convention in that it refers to the criminal investigation by the competent law enforcement authority. , which shall be carried out prior to the decision as to whether criminal proceedings are initiated against the suspect for the offences covered by the Convention.

2.

The Government of Malaysia understands Article 8 (1) of the Convention in that it includes the right of competent authorities to decide not to impose a specific case on the judicial authorities for the purpose of criminal prosecution if the suspects are to be subject to national security legislation and preventive detention.

3.

(a) According to Article 16 (2) of the Convention, the Government of Malaysia declares that it does not regard itself as bound by Article 16 (1) of the Convention;

(b) the Government of Malaysia reserves the right to expressly give its consent to the implementation of the arbitration procedure provided for in Article 16 (1) of the Convention or of any other arbitration procedure in individual cases.

Mozambique:

The Republic of Mozambique does not consider itself bound by Article 16 (1) of the Convention. In this context, the Republic of Mozambique states that in each individual case the consent of all parties to the dispute is required for the submission of the dispute to an arbitral tribunal or to the International Court of Justice.

Furthermore, the Republic of Mozambique states that, in accordance with its constitution and national laws, it is not able to extradit any nationals of Mozambique. Therefore, nationals of Mozambique are indicted and convicted by national courts.

Myanmar:

The Government of the Union of Myanmar does not consider itself bound by Article 16 (1) of the International Convention against Hostage-taking, adopted on 17 December 1979.

Moldova:

In accordance with Article 16 (2) of the International Convention against hostage-taking, the Republic of Moldova declares that it does not consider itself bound by Article 16 (1) of the Convention.

Thailand:

The Government of the Kingdom of Thailand does not consider itself bound by Article 16 (1) of the Convention.

According to a further note by the Secretary-General of the United Nations, on 1 May 2007, the Russian Federation announced that it had made the reservation 2 Article 16 (1) withdraws.

Gusenbauer