26 AVRIL 2005. - An Act to approve the International Convention for the Suppression of Terrorist Bombings, made in New York on 15 December 1997 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The International Convention for the Suppression of Terrorist Bombings, made in New York on 15 December 1997, will come out with its full effect.
Promulgation of this law, let us order that it be clothed with the seal to the State and published by the Belgian Monitor.
Given in Brussels on 26 April 2005.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005
Senate
Documents. - Bill tabled on 21 December 2004, No. 3-965/1. - Report on behalf of the Commission, No. 3-965/2
Annales parliamentarians. - Discussion, meeting of 17 February 2005. - Vote, meeting of 17 February 2005.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-1623/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1623/2
Annales Parlementaires. - Discussion, meeting of 17 March 2005. - Vote, meeting of 17 March 2005.

International Convention for the Suppression of Terrorist Bombings
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 development of good-neighbourly relations, friendship and cooperation among States,
Deeply concerned at the growing number of terrorist acts worldwide in all its forms and manifestations,
Recalling the Declaration of the Fiftieth Anniversary of the United Nations of 24 October 1995,
Recalling also the Declaration on Measures to Eliminate International Terrorism annexed to resolution 49/60 adopted by the General Assembly of the United Nations on 9 December 1994, in which the "Member States of the United Nations solemnly reaffirm their categorical condemnation, as criminal and unjustifiable, of all acts, methods and practices of terrorism, wherever they occur and by whomever they are the perpetrators, including those that compromise the friendly relations
Noting that the Declaration also calls upon States "to urgently examine the scope of existing international legal provisions concerning the prevention, suppression and elimination of terrorism in all its forms and manifestations, in order to ensure that there is a general legal framework covering all aspects of the issue",
Recalling further resolution 51/210 of 17 December 1996 and the Declaration supplementing the 1994 Declaration on Measures to Eliminate International Terrorism annexed thereto.
Noting also that terrorist attacks by explosive devices or other murderous devices are increasingly common.
Noting further that existing multilateral legal instruments do not adequately address such attacks,
Convinced of the urgent need to develop international cooperation among States in the development and adoption of effective measures to prevent and prosecute and punish such acts of terrorism,
Considering that these attacks are a matter of grave concern to the entire international community,
Noting that the activities of the armed forces of the States are governed by rules of international law which are outside the scope of this Convention and that the exclusion of certain acts from the scope of the Convention does not excuse or render lawful otherwise unlawful and does not further prevent prosecution under other laws,
The following agreed:
Article 1^er
For the purposes of this Convention:
1. "Government or public installation" means any equipment or means of transportation of a permanent or temporary nature that is used or occupied by representatives of a State, members of the government, parliament or the judiciary, or officials or personnel of a State or other public authority or entity, or by agents or personnel of an intergovernmental organization, as part of their official functions.
2. "Infrastructural" means any public or private equipment providing public utility services, such as water supply, sewage disposal, energy, fuel or communications.
3. "Explosive or other murderous equipment" means:
(a) any weapon or explosive or incendiary equipment that is designed to cause death, serious bodily harm or material damage, or that has the capacity; or
(b) Any weapon or equipment that is designed to cause death, serious bodily harm or material damage, or that has the capacity, by the emission, release or impact of toxic chemicals, biological agents, toxins or similar substances or radiation or radioactive material.
4. "Armed Forces of a State" means the forces that a State organizes, trains and equips in accordance with its domestic law primarily for the purposes of national defence or national security, as well as persons who act in support of the said armed forces and who are officially placed under their command, authority and responsibility.
5. "Public place" means parts of any building, land, public way, watercourses, and other place that are accessible or open to the public on a continuous, periodic or occasional basis, and includes any place for commercial, cultural, historical, educational, religious, official, recreational, recreational or other use that is thus accessible or open to the public.
6. "Public transport system" means all equipment, vehicles and means, public or private, which are used in the transportation of people or goods accessible to the public.
Article 2
1. An offence within the meaning of this Convention shall be any person who unlawfully and intentionally delivers, poses, or detonates or surprises an explosive device or other deadly equipment in or against a public place, government facility or other public facility, public transportation system or infrastructure:
(a) In the intention of causing death or serious bodily harm; or
(b) For the purpose of causing mass destruction of this place, this facility, system or infrastructure, where such destruction results in or may result in significant economic losses.
2. A person who tries to commit an offence within the meaning of paragraph 1.
3. Also commits an offence who:
(a) Complicates an offence within the meaning of paragraphs 1^er or 2;
(b) Organizes the commission of an offence within the meaning of paragraphs 1^er or 2 or order others to commit it;
(c) Contributes in any other way to the commission of one or more of the offences referred to in subsections 1^er or 2 by a group of persons acting together; its contribution must be deliberate and made either to facilitate the general criminal activity of the group or to serve its purposes, or in full knowledge of the group's intention to commit the offence or the offences involved.
Article 3
This Convention does not apply where the offence is committed within a single State, that the alleged perpetrator and the victims of the offence are nationals of that State, that the alleged perpetrator of the offence is in the territory of that State, and that no other State has reason" under paragraph 1^er or paragraph 2 of Article 6 of this Convention, to establish its jurisdiction on the understanding that the provisions of Articles 10 to 15, as appropriate, apply in such cases.
Article 4
Each State Party shall take such measures as may be necessary to:
(a) Qualification of criminal offences under domestic law under Article 2 of this Convention;
(b) Repressing such offences by penalties that take due account of their seriousness.
Article 5
Each State Party shall adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts under this Convention, in particular those designed or calculated to provoke terror in the population, a group of persons or individuals may not, under any circumstances, be justified by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar motives, and that
Article 6
1. Each State Party shall adopt such measures as may be necessary to establish its jurisdiction with respect to the offences referred to in Article 2 where:
(a) The offence was committed in its territory;
(b) The offence was committed on board a vessel flying its flag or an aircraft registered in accordance with its legislation at the time the offence was committed;
(c) The offence was committed by one of its nationals.
2. Each State Party may also establish jurisdiction over such offences where:
(a) The offence is committed against one of its nationals;
(b) The offence is committed against a public installation of that State outside its territory, including an embassy or diplomatic or consular premises of that State;
(c) The offence is committed by a stateless person who has his habitual residence in his territory;
(d) The offence is committed with the aim of compeling the said State to perform or refrain from any act;
(e) The offence is committed on board an aircraft operated by the government of that State.
3. When ratifying, accepting or approving this Convention or acceding to it, each State Party shall inform the Secretary-General of the United Nations of its jurisdiction established under its domestic legislation in accordance with paragraph 2. In the event of a change, the State Party concerned shall immediately inform the Secretary-General.
4. Each State Party shall also adopt such measures as may be necessary to establish its jurisdiction with respect to the offences referred to in Article 2 in cases where the alleged perpetrator of the offence is on its territory and where he does not extradite him to any of the States Parties that have established their jurisdiction in accordance with paragraphs 1^er and 2.
5. This Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.
Article 7
1. Where the State Party is informed that the alleged perpetrator or perpetrator of an offence referred to in Article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary in accordance with its domestic legislation to investigate the facts brought to its attention.
2. If the State party considers that the circumstances warrant it, the State Party in whose territory the alleged perpetrator or perpetrator of the offence is located shall take appropriate measures under its domestic legislation to ensure the presence of that person for the purposes of prosecution or extradition.
3. Any person in respect of whom the measures referred to in paragraph 2 of this section are taken is entitled to:
(a) To communicate without delay with the closest qualified representative of the State of which she is a national or otherwise authorized to protect the rights of that person or, if it is a stateless person, the State in whose territory she has her habitual residence;
(b) To receive a visit from a representative of that State;
(c) To be informed of its rights under subparagraphs (a) and (b).
4. The rights referred to in paragraph 3 shall be exercised within the framework of the laws and regulations of the State in the territory of which the alleged perpetrator or perpetrator of the offence is located, provided that such laws and regulations shall permit the full realization of the purposes for which the rights are granted under paragraph 3,
5. The provisions of paragraphs 3 and 4 shall be without prejudice to the right of any State Party having established its jurisdiction in accordance with paragraph 1 (c)^er or paragraph 2 (c) of Article 6 to invite the International Committee of the Red Cross to contact and visit the alleged perpetrator of the offence.
6. When a State Party has placed a person in detention in accordance with the provisions of this article, it shall immediately notify the States Parties that have established their jurisdiction in accordance with paragraphs 1 and 1 of the circumstances that warrant it, directly or through the Secretary-General of the United Nations.^er and 2 of Article 6 and, if it deems it appropriate, all other interested States Parties. The State conducting the investigation referred to in paragraph 1^er shall promptly communicate the findings to the said States Parties and indicate whether they intend to exercise their jurisdiction.
Article 8
1. In cases where the provisions of Article 6 are applicable, the State Party in the territory of which the alleged perpetrator of the offence is held, if it does not extradite him, to submit the case, without undue delay and without any exception, that the offence has been or has not been committed in its territory, to its competent authorities for the exercise of the criminal action in accordance with a procedure in accordance with the law of that State. These authorities shall take their decisions in the same conditions as for any other offence of a serious nature in accordance with the laws of that State.
2. Whenever, under its domestic legislation, a State Party is authorized to extradite or remit any of its nationals only on the condition that the person concerned shall be handed over to it to serve the penalty imposed upon it after the trial or procedure for which the extradition or surrender had been requested, and that that State and the requesting State the extradition accept that obligation and other conditions that the State may dispense^er.
Article 9
1. The offences provided for in Article 2 shall be considered as extradition cases in any extradition treaty between States Parties before the entry into force of this Convention. States Parties undertake to consider these offences as extradition cases in any extradition treaty to be concluded subsequently between them.
2. Where a State Party that subordinates the extradition to the existence of a treaty is seized with a request for extradition by another State Party with which it is not bound by an extradition treaty, the State Party requested has the discretion to consider this Convention as the legal basis for extradition with respect to the offences provided for in Article 2. Extradition is subject to the other conditions provided by the law of the requested State.
3. States Parties that do not subordinate extradition to the existence of a treaty shall recognize the offences provided for in Article 2 as cases of extradition between them under the conditions provided for in the law of the requested State.
4. The offences provided for in Article 2 are, if any, considered for extradition between States Parties as having been committed both in the place of their commission and in the territory of the States that have established their jurisdiction in accordance with paragraphs 1^er and 2 of Article 6.
5. The provisions of all treaties or extradition agreements concluded between States Parties relating to offences referred to in Article 2 shall be deemed to be amended between States Parties to the extent that they are incompatible with this Convention.
Article 10
1. States Parties shall accord the widest possible mutual legal assistance for any investigation or criminal procedure or extradition procedure relating to the offences referred to in Article 2, including for obtaining the evidence available to them and which are necessary for the purposes of the proceedings.
2. States Parties shall fulfil their obligations under paragraph 1^er in conformity with any treaty or mutual legal assistance agreement that may exist between them. In the absence of such a treaty or agreement, the States Parties shall accord such assistance in accordance with their domestic legislation.
Article 11
For the purposes of extradition or mutual legal assistance between States Parties, none of the offences referred to in Article 2 is considered a political offence, as an offence related to a political offence or as an offence inspired by political motives. As a result, a request for extradition or mutual legal assistance based on such an offence may not be denied for the sole reason that it concerns a political offence, an offence related to a political offence, or an offence inspired by political motives.
Article 12
Nothing in this Convention shall be construed as implying an obligation of extradition or mutual legal assistance if the requested State Party has serious reasons to believe that the request for extradition for the offences referred to in Article 2 or the request for assistance in respect of such offences has been submitted for the purpose of prosecuting or punishing a person for considerations of race, religion, nationality, ethnic origin or political opinion, or that
Article 13
1. Any person detained or serving a sentence in the territory of a State Party whose presence in another State Party is required for the purposes of testimony or identification or for the purpose of assisting in the preparation of the facts under the investigation or prosecution under this Convention may be transferred if the following conditions are met:
(a) The person freely gives his or her consent in all knowledge;
(b) The competent authorities of the two States concerned consent, subject to the conditions they may consider appropriate.
2. For the purposes of this article:
(a) The State to which the transfer is made has the power and obligation to keep the person in custody, unless otherwise requested or authorized by the State from which the person was transferred;
(b) The State to which the transfer is made shall, without delay, fulfil the obligation to hand over the person concerned to the custody of the State from which the transfer has been made, in accordance with what has been agreed beforehand or that the competent authorities of the two States have otherwise decided;
(c) The State to which the transfer is made may not require the State from which the transfer is made that it initiate an extradition procedure concerning the person concerned;
(d) It shall be taken into account the period that the person who has been detained in the State to which he has been transferred for the purpose of counting the sentence to be served in the State from which he has been transferred.
3. Unless the State Party from which a person must be transferred, in accordance with the provisions of this article, gives its consent, such person, irrespective of nationality, may not be prosecuted or detained or subject to other restrictions on his or her freedom of movement in the territory of the State to which he or she is transferred on account of acts or convictions prior to his or her departure from the territory of the State from which he or she has been transferred.
Article 14
Any person held in custody or against whom any other action is taken or proceedings under this Convention shall be guaranteed fair treatment and all rights and guarantees in accordance with the law of the State in the territory of which it is located and the applicable provisions of international law, including those relating to human rights.
Article 15
States Parties shall cooperate in the prevention of offences under Article 2, in particular:
(a) By taking all possible measures, including, where appropriate, adapting their domestic legislation, in order to prevent or contradict the preparation, on their respective territories, of offences intended to be committed within or outside their territories, including measures prohibiting the illegal activities of individuals, groups and organizations that encourage, foment, organize, fund, finance in the knowledge of their territories or commit offences
(b) By exchanging accurate and verified information in accordance with the provisions of their domestic legislation and coordinating administrative and other measures, where appropriate, to prevent the commission of the offences referred to in Article 2;
(c) Where applicable, through research and development on methods for the detection of explosives and other hazardous substances that may cause death or cause bodily harm, consultations on the establishment of standards for the marking of explosives with a view to identifying their origin in the investigation of explosions, exchanges of information on preventive measures, cooperation and transfer of technology, equipment and related means.
Article 16
The State Party in which a criminal action has been instituted against the alleged perpetrator of the offence shall, under the conditions provided for by its domestic legislation or by the applicable procedures, provide the final result to the Secretary-General of the United Nations, who shall inform the other States Parties.
Article 17
States Parties shall fulfil their obligations under this Convention in accordance with the principles of sovereign equality and territorial integrity of States, as well as non-interference in the internal affairs of other States.
Article 18
Nothing in this Convention shall empower a State Party to exercise jurisdiction over the territory of another State Party. or functions which are exclusively reserved to the authorities of that other State Party by its domestic law.
Article 19
1. No provision of this Convention shall alter any other rights, obligations and responsibilities arising out of international law for States and individuals, in particular the purposes and principles of the Charter of the United Nations and international humanitarian law.
2. The activities of the armed forces in times of armed conflict, as defined in international humanitarian law, which are governed by this right are not governed by this Convention, and the activities carried out by the armed forces of a State in the exercise of their official functions, as governed by other rules of international law, are also not governed by this Convention,
Rule 20
1. Any dispute between States Parties concerning the interpretation or application of this Convention that cannot be settled by negotiation within a reasonable period of time shall be subject to arbitration at the request of one of these States. If, within six months after the date of the application for arbitration, the parties fail to agree on the organization of the arbitration, any of them may submit the dispute to the International Court of Justice, by filing a request in accordance with the Statute of the Court.
2. Any State may, at the time it signs, ratifies, accepts, approves or accedes to this Convention, declare that it does not consider itself bound by the provisions of paragraph 1^er. Other States Parties shall not be bound by such provisions to any State Party that has formulated such a reservation.
3. Any State that has made a reservation in accordance with the provisions of paragraph 2 may at any time withdraw that reservation by a notification addressed to the Secretary-General.
Article 21
1. This Convention is open for signature by all States from 12 January 1998 to 31 December 1999, at United Nations Headquarters, New York.
2. This Convention shall be ratified, accepted or approved. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.
3. This Convention is open to the accession of any State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 22
1. This Convention shall enter into force on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification, acceptance, approval or accession.
2. For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after the deposit by that State of its instrument of ratification, acceptance, approval or accession.
Article 23
1. Any State Party may denounce this Convention by means of a written notification addressed to the Secretary-General of the United Nations.
2. The denunciation shall take effect one year after the date on which the notification was received by the Secretary-General of the United Nations.
Article 24
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall have certified copies thereof to all States,
In faith, the undersigned, duly authorized for this purpose by their respective Governments, signed this Convention, which was opened for signature in New York on 12 January 1998.
For the consultation of the table, see image
DECLARATION OF THE BELGIUM TRAVEL ARTICLE 11
1. In exceptional circumstances, Belgium reserves the right to refuse extradition or mutual legal assistance for any offence referred to in Article 2 that it considers to be a political offence, a political offence or an offence inspired by political motives.
2. In case of application of paragraph 1^erBelgium recalls that it is held by the general principle of law aut dedere, aut judicare, in view of the rules of jurisdiction of its jurisdictions.