Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2013-327 of 19 April 2013 authorizing the ratification of the International Convention for the Suppression of Acts of Nuclear Terrorism;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 92-110 of 3 February 1992 publication of the Convention on the Physical Protection of Nuclear Material, open for signature at Vienna and New York on 3 March 1980 (two annexes),
Decrete:
The International Convention for the Suppression of Acts of Nuclear Terrorism, signed in New York on 14 September 2005, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N I N T E R N A T I O N A L
FOR THE RESSION OF NUCLEAR TERRORISM ACTS
States Parties to this Convention,
Bearing 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,
Recalling the Declaration of the Fiftieth Anniversary of the United Nations of 24 October 1995,
Considering that all States have the right to develop and use nuclear energy for peaceful purposes and that they have a legitimate interest in enjoying the benefits that can be gained from the peaceful use of nuclear energy,
Bearing in mind the 1980 Convention on the Physical Protection of Nuclear Material,
Deeply concerned at the growing number of terrorist acts worldwide in all its forms and manifestations,
Recalling the Declaration on Measures to Eliminate International Terrorism, annexed to General Assembly resolution 49/60 of 9 December 1994, in which, inter alia, the States Members 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 General Assembly resolution 51/210 of 17 December 1996, and the Declaration supplementing the 1994 Declaration on Measures to Eliminate International Terrorism annexed thereto,
Recalling also that, in accordance with General Assembly resolution 51/210, an ad hoc committee was established to elaborate, inter alia, an international convention for the suppression of acts of nuclear terrorism in order to complement existing international instruments in this regard,
Noting that acts of nuclear terrorism may have the most serious consequences and may constitute a threat to international peace and security,
Noting also that existing multilateral legal instruments do not adequately address these attacks,
Convinced of the urgent need to strengthen international cooperation among States in the development and adoption of effective and practical measures to prevent and prosecute such terrorist acts,
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
For the purposes of this Convention:
1. "Radioactive material" means any nuclear material or other radioactive substance containing nuclides that spontaneously disintegrate (process accompanied by the issuance of one or more types of ionizing radiation, such as alpha, beta, gamma and neutron radiation), and that could, by virtue of their radiological or fissile properties, cause death, serious bodily harm or substantial damage to the environment
2. "Nuclear matter" means plutonium, with the exception of plutonium whose isotopic concentration in plutonium 238 exceeds 80%; uranium 233; uranium enriched in isotope 235 or 233; uranium containing the mixture of isotopes found in nature other than in the form of ore ore residue; or any other material containing one or more of the above-mentioned elements;
"Uranium enriched in isotope 235 or 233" means uranium containing either isotope 235, or isotope 233, or both isotopes, in such a quantity as the ratio between isotope content for the sum of these two isotopes and isotope 238 is higher than the ratio between isotope 235 and isotope 238 in isotope 238.
3. "Nuclear Installation" means:
(a) Any nuclear reactor, including a reactor on board a vessel, vehicle, aircraft or spacecraft as a source of energy to propel the vessel, vehicle, aircraft or spacecraft, or any other purpose;
(b) Any transport device or equipment to produce, store, reprocess or transport radioactive material.
4. "Engine" means:
(a) Any nuclear explosive device; or
(b) Any equipment dispersing radioactive material or any equipment emitting radiation that, due to its radiological properties, causes death, serious bodily harm or substantial damage to property or the environment.
5. "Government or public installation" means any equipment or means of movement 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.
6. "Armed Forces of a State" means the forces that a State organizes, trains and equips in accordance with its domestic law, mainly 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.
Article 2
1. A person who unlawfully and intentionally commits an offence within the meaning of this Convention shall:
(a) Contains radioactive material, manufactures or holds an equipment:
(i) In the intention of causing the death of a person or causing serious bodily harm to him; or
(ii) In the intention of causing substantial damage to property or the environment.
(b) Use, in any way, radioactive material or equipment, or use or damage a nuclear facility in order to release or risk the release of radioactive material:
(i) In the intention of causing the death of a person or causing serious bodily harm to him; or
(ii) In the intention of causing substantial damage to property or the environment; or
(iii) In order to compel a natural or legal person, an international organization or a government to perform or refrain from an act.
2. Also commits an offence who:
(a) Threat, in circumstances that make the threat credible, of committing an offence referred to in paragraph 1 (b) of this article; or
(b) Illegally and intentionally require the surrender of radioactive materials or equipment or nuclear facilities using the threat, in circumstances that make it credible, or the use of force.
3. An offence is also committed by anyone who tries to commit an offence referred to in paragraph 1 of this article.
4. Also commits an offence who:
(a) is complicit in an offence referred to in paragraphs 1, 2 or 3 of this article; or
(b) Organizes the commission of an offence referred to in paragraphs 1, 2 or 3 of this article or orders other persons to commit it; or
(c) Contributes in any other way to the commission of one or more of the offences referred to in paragraphs 1, 2 or 3 of this article by a group of persons acting in concert if it deliberately does so and either to facilitate the general criminal activity of the group or to serve the purposes of the group, or knowing the intention of the group to commit the offence or the offences concerned.
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 any reason, under paragraph 1 or paragraph 2 of Article 9, to exercise its jurisdiction, on the understanding that the provisions of Articles 14,
Article 4
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 not governed either by this Convention.
3. The provisions of paragraph 2 of this article shall not be interpreted as excusing or making lawful otherwise unlawful acts, nor as excluding the exercise of prosecution under other laws.
4. This Convention shall not address or be construed as addressing in any way the issue of the legality of the use or threat of use of nuclear weapons by States.
Article 5
Each State Party shall take such measures as may be necessary to:
(a) Conduct as a criminal offence under national legislation the offences referred to in article 2 of this Convention;
(b) Repressing such offences by penalties that take due account of their seriousness.
Article 6
Each State Party shall adopt such measures as may be necessary, including, where appropriate, national 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 political, philosophical, ideological, racial, ethnic, religious or other seriousness of a similar nature, and
Article 7
1. States Parties shall cooperate:
(a) By taking all possible measures, including, where appropriate, adapting their national legislation, in order to prevent or contradict the preparation, on their respective territories, of the offences referred to in Article 2 intended to be committed within or outside their territories, including measures prohibiting the illegal activities of individuals, groups and organizations that encourage, promote, organize, fund, fund or otherwise finance
(b) By exchanging accurate and verified information in accordance with the provisions of their national legislation and in accordance with the terms and conditions set out in these provisions and coordinating administrative and other measures, as appropriate, to detect, prevent and combat the offences listed in Article 2 of this Convention, and to investigate and prosecute alleged perpetrators of such crimes. In particular, any State Party shall make the necessary steps to inform, without delay, the other States referred to in Article 9 of any offence referred to in Article 2 and of all preparations for such offences, as well as to inform, where appropriate, international organizations.
2. States Parties shall take appropriate measures in accordance with their national legislation to preserve the confidential nature of any information received in confidence from another State Party pursuant to the provisions of this Convention or obtained as a result of their participation in activities carried out under this Convention. If States Parties disclose confidential information to international organizations, they shall do the necessary to ensure that the confidential nature of the information is preserved.
3. The provisions of this Convention do not require a State Party to disclose information that it would not have the right to disclose under its national legislation, or that would endanger its security or physical protection of nuclear material.
4. The States Parties shall communicate to the Secretary-General of the United Nations the name of their competent bodies and focal points to communicate and receive the information referred to in this article. The Secretary-General of the United Nations shall communicate information on the relevant bodies and focal points to all States Parties and the International Atomic Energy Agency. Access to these bodies and centres must be open continuously.
Article 8
In order to prevent the offences referred to in this Convention, States Parties shall endeavour to adopt appropriate measures to ensure the protection of radioactive materials, taking into account the recommendations and functions of the International Atomic Energy Agency applicable in this regard.
Article 9
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 is committed in its territory; or
(b) The offence is committed on board a vessel flying its flag or an aircraft registered in accordance with its legislation at the time the offence was committed; or
(c) The offence is 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; or
(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; or
(c) The offence is committed by a stateless person who has his habitual residence on his territory; or
(d) The purpose of the offence is to compel the said State to perform or refrain from any act; or
(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 national legislation in accordance with paragraph 2 of this Article. 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 and 2 of this Article.
5. This Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its national legislation.
Article 10
1. Where the State Party is informed that an offence referred to in Article 2 has been committed or is committed in its territory or that the perpetrator or alleged perpetrator of such an offence may be in its territory, the State Party concerned shall take such measures as may be necessary under its national legislation to investigate the facts brought to its knowledge.
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 national 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 the visit of a representative of this State;
(c) To be informed of the rights conferred by subparagraphs (a) and (b).
4. The rights referred to in paragraph 3 of this article 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 of this article shall be without prejudice to the right of any State Party having established its jurisdiction, in accordance with paragraph 1 (c) or article 9, paragraph 2 (c), to invite the International Committee of the Red Cross to communicate with the alleged perpetrator of the offence and to visit it.
6. Where 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 Article 9, paragraphs 1 and 2, directly or through the Secretary-General of the United Nations and, if it deems it appropriate, all other States Parties concerned. The State that conducts the investigation referred to in paragraph 1 of this article shall promptly communicate the findings to the said States Parties and indicate whether it intends to exercise its jurisdiction.
Article 11
1. In cases where the provisions of Article 9 are applicable, the State Party in the territory of which is the author, presumed of the offence, shall, if it does not extradite him, submit the case, without excessive 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 under the laws of that State.
2. Every time, under its national 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 at the end of the trial or procedure for which the extradition or surrender has been requested, and that that State and the requesting State accept the extradition shall take such form and other conditions as may be provided by the State
Article 12
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 13
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 Article 9, paragraphs 1 and 2.
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 14
1. The States Parties shall accord the widest possible mutual legal assistance for any investigation, 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 comply with their obligations under paragraph 1 of this article in accordance 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 national legislation.
Article 15
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, or related to a political offence, or 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 16
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 17
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 establishment of the facts in the course of an 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; and
(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 render the person concerned to the custody of the State from which the transfer was made, in accordance with what was previously agreed or that the competent authorities of the two States have otherwise decided;
(c) The State to which the transfer is made shall not require the State from which the transfer is carried out that it initiates an extradition procedure concerning the person concerned;
(d) It shall be taken into account the period that the person who was detained in the State to which he was transferred for the purpose of counting the sentence to be served in the State from which he was transferred.
3. Unless the State Party from which a person is to be transferred, in accordance with the provisions of this article, gives its consent, such person, irrespective of nationality, may not be prosecuted, detained or subject to other restrictions affecting his freedom of movement in the territory of the State to which he is transferred on account of acts or convictions prior to his departure from the territory of the State from which he has been transferred.
Article 18
1. After seizing radioactive materials or equipment or nuclear facilities or otherwise taking control of such materials, equipment or facilities after the commission of an offence under Article 2, the State Party which holds them shall:
(a) Take the necessary measures to neutralize radioactive materials or equipment, or nuclear facilities;
(b) Ensure that nuclear materials are held in a manner consistent with the applicable safeguards of the International Atomic Energy Agency; and
(c) Take into account the recommendations applicable to physical protection and health and safety standards published by the International Atomic Energy Agency.
2. Upon completion of the instruction relating to an offence referred to in Article 2 or earlier if international law so requires, radioactive materials or equipment or nuclear facilities shall be returned, after consultation (in particular with regard to the modalities of restitution and storage) with the States Parties concerned, to the State Party to which they belong, to the State Party to which the natural or legal person owner of such materials, equipment or facilities is a national or
3. (a) If domestic law or international law prohibits a State Party from returning or accepting such radioactive materials or devices or such nuclear facilities, or if the States Parties concerned so decide, subject to the provisions of paragraph 1 (b) of this paragraph, the State Party which holds radioactive materials or equipment or nuclear facilities shall continue to take the measures described in paragraph 1 of this article; these radioactive materials or equipment or nuclear facilities shall be used only for peaceful purposes;
3. (b) If it is not lawful for a State Party that holds radioactive materials or equipment or nuclear facilities to have them in its possession, that State shall ensure that they are, as soon as possible, entrusted to a State which may hold them in a lawful manner and which, as appropriate, has provided for their neutralization of assurances in accordance with the requirements of paragraph 1 of this article in consultation with that State; these radioactive materials or equipment or nuclear facilities shall be used for peaceful purposes only.
4. If the radioactive material or equipment referred to in paragraphs 1 and 2 of this article is not owned by any State Party or is not owned by a national or a resident of a State Party and has not been unlawfully stolen or otherwise obtained in the territory of a State Party, or if no State is prepared to receive such material, equipment or facilities in accordance with paragraph 3 of this Article,
5. For the purposes of paragraphs 1, 2, 3 and 4 of this Article, the State Party which holds radioactive materials or equipment or nuclear facilities may request the assistance and cooperation of other States Parties, in particular the States Parties concerned, and relevant international organizations, in particular the International Atomic Energy Agency. States Parties and relevant international organizations are encouraged to provide, to the extent possible, assistance in accordance with the provisions of this paragraph.
6. States Parties that decide on the fate or possession of radioactive materials or nuclear facilities in accordance with this Article shall inform the Director General of the International Atomic Energy Agency of the fate or manner in which they have reserved for such substances, equipment or facilities. The Director General of the International Atomic Energy Agency transmits this information to other States Parties.
7. If there has been dissemination in relation to an offence under Article 2, no provision of this Article shall in no way alter the rules of international law governing liability for nuclear damage or other rules of international law.
Article 19
The State Party where proceedings have been instituted against the alleged perpetrator of the offence shall, under the conditions provided for by its national 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.
Rule 20
States Parties shall consult directly or through the Secretary-General of the United Nations, as appropriate with the assistance of international organizations, to ensure the effective implementation of this Convention.
Article 21
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 22
No provision of this Convention shall empower a State Party to exercise in the territory of another State Party any competence or functions which are exclusively reserved to the authorities of that other State Party by its national legislation.
Article 23
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 of this article. 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 of this article may at any time withdraw this reservation by a notification addressed to the Secretary-General of the United Nations.
Article 24
1. This Convention is open for signature by all States from 14 September 2005 to 31 December 2006, at United Nations Headquarters in New York.
2. This Convention shall be ratified, accepted or approved. Instruments of ratification, acceptance or approval will 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.
Rule 25
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.
Rule 26
1. A State Party may propose an amendment to this Convention. The proposed amendment shall be sent to the depositary, who shall immediately communicate it to all States Parties.
2. If the majority of the States Parties request the depositary to convene a conference for the consideration of the proposed amendment, the depositary shall invite all States Parties to a conference, which shall not be opened until three months after the convocations are sent.
3. The Conference made every effort to ensure that amendments were adopted by consensus. If it cannot do so, the amendments shall be adopted by a two-thirds majority of all States Parties. Any amendment adopted at the Conference shall be immediately communicated by the depositary to all States Parties.
4. The amendment adopted in accordance with paragraph 3 of this Article shall enter into force for each State Party that deposits its instrument of ratification, acceptance or approval of the amendment, or of accession to the amendment, on the thirtieth day after the date on which two thirds of the States Parties have deposited their relevant instrument. Subsequently, the amendment shall enter into force for any State Party on the thirtieth day after the date on which it deposits its relevant instrument.
Rule 27
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.
Rule 28
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 the spirit of which the undersigned, duly authorized for this purpose by their respective Governments, have signed this Convention, which was opened for signature at United Nations Headquarters in New York on 14 September 2005.
Done on March 4, 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Foreign Affairs,
Laurent Fabius
