Rs 0.351.4 On December 17, 1979 International Convention Against The Taking Of Hostages

Original Language Title: RS 0.351.4 Convention internationale du 17 décembre 1979 contre la prise d’otages

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0.351.4 original text International Convention against the taking of hostages, signed in New York on 17 December 1979 approved by the Federal Assembly on November 29, 1984, Instrument of ratification deposited on 5 March 1985 entry into force for the Switzerland by the Switzerland on 4 April 1985 (report 5 March 2015) for States parties to the Convention, bearing in mind the purposes and principles of the United Nations Charter regarding the maintenance of peace and Security international and the development of the relations of friendly and cooperation between States, recognizing in particular that everyone has right to life, liberty and security of the person as provided for in the Universal Declaration of the rights of man and in the international Covenant on Civil and political rights, reaffirming the principle of equal rights of peoples and their right to self-determination enshrined in the Charter of United Nations and in the Declaration on principles of international law on friendly relations and cooperation among States in accordance with the Charter of the United Nations, as well as in other resolutions of the General Assembly, considering that the taking of hostages is an offence which concerns the international community seriously and that, in accordance with the provisions of the present Convention Anyone who commits an act of hostage-taking must be prosecuted or extradited, convinced of the urgent need to develop international cooperation among States regarding the development and adoption of effective measures to prevent, repress and punish all acts of taking hostages as manifestations of international terrorism, have agreed to the following: art. 1-1. Commits the offence of taking of hostages in the sense of the present Convention, anyone who seizes a person (hereinafter referred to as the "hostage"), or has her and threatening to kill her, hurt her or to continue to hold it in order to compel a third party, namely, a State, an international intergovernmental organization, a natural or legal person or group of people, to perform an act any or to abstain as a condition explicitly or implicitly to the release of the hostage.
2. is also an offence for the purposes of this Convention, anyone: a) attempts to commit an act of hostage taking; or (b) is an accomplice of a person who commits or attempts to commit an act of hostage-taking.

Art. 2. each State party represses offences provided for in article first of appropriate penalties which take into account the grave nature of these offences.

Art. 3-1. The State party in the territory of which the hostage is held by the author of the offence takes all measures it considers appropriate to improve the fate of the hostage, including to ensure his release and, if necessary, facilitate his departure after his release.
2. If an object obtained by the author of the offence of taking of hostages comes to be owned by a State party, the latter shall return it as soon as possible to the hostage or the third party referred to in article 1, according to the case, or to their appropriate authorities.

Art. (4 States parties work together in the prevention of the offences provided for in article 1, including: has) by taking all possible measures to prevent preparation in their respective territories, of those offences intended to be committed inside or outside their own territory, including measures to prohibit on their territories illegal of individuals (groups and organizations that encourage, instigate, organize or commit key acts of hostage-taking; b) by exchanging information and coordinating administrative measures and others to take, as appropriate, in order to prevent the Commission of these offences.

Art. 5-1. State party take the necessary measures to establish its jurisdiction for the purposes of offences provided for in article first, which are committed: a) in its territory or on board a ship or aircraft registered in that State; b) by one any of its nationals or, if that State considers it appropriate, by stateless persons who have their habitual residence in its territory; c) to compel him to act any or to abstain. Oud) against a hostage who is a national of that State when the latter deems appropriate.

2. Similarly, any State party take the necessary measures to establish its jurisdiction for the purposes of offences provided for in article first in the case where the alleged perpetrator of the offence is located on its territory, and where the State him not extradite to one any of the States referred to in paragraph 1 of this article.
3. this Convention does not exclude a criminal jurisdiction under domestic legislation.

Art. 6-1. If he considers that the circumstances so warrant, any State party in the territory of which the alleged perpetrator of the offence is ensures, in accordance with its law, the detention of this person or take all other necessary steps to ensure that his person during the time required for criminal prosecution or extradition proceedings. The State party should immediately proceed to a preliminary investigation to establish the facts.
2. the detention or other measures referred to in paragraph 1 of this article shall be notified without delay directly or through the Secretary-General of the Organization of the United Nations: a) to the State where the offence has been committed; b) to the State which has been the subject of constraint or coercion attempt; c) to the State of the physical or legal person who has been the subject of constraint or coercion attempt nationality; d). the State which the hostage is a national or in the territory of which he has his usual; e residence) to the State of which the alleged perpetrator of the offence is a national or, if stateless, the State on the territory of which he has his habitual residence; f) intergovernmental international organization that has been the subject of coercion or attempted coercion; g) to all interested States.

((3. any person in respect of which measures referred to in paragraph 1 of this article are taken is entitled: a) to communicate without delay with the nearest appropriate representative of the State whose nationality or who is otherwise entitled to establish such communication or, if he is a person stateless, the State on whose territory it has its habitual residence; b) to be visited by a representative of that State.

4. the rights referred to in paragraph 3 of this article must be exercised within the laws and regulations of the State is on the territory of which the alleged perpetrator of the offence, provided, however, that these laws and regulations must enable the full realization of the purposes for which the rights are granted under paragraph 3 of this article.
(5. the provisions of paragraphs 3 and 4 of this article are without prejudice to the right of any State party, having established its jurisdiction in accordance with paragraph 1 b) of article 5, to invite the international Committee of the Red Cross to communicate with the alleged perpetrator of the offence and to visit him.
6. the State which makes the preliminary inquiry referred to in paragraph 1 of this article quickly communicate the findings to the States or organization referred to in paragraph 2 of this article and tells them whether it intends to exercise jurisdiction.

Art. 7. the State party in which a criminal action was initiated against the alleged perpetrator of the offence shall communicate in accordance with its laws the final result to the Secretary-General of the United Nations, who shall inform other interested States and international intergovernmental organizations.

Art. 8-1. The State party on the territory of which the alleged perpetrator of the offence is discovered, if it extradites the latter, submit the case, without exception, and that whether or not the offence was committed in its territory, its competent authorities for the exercise of criminal action according to a procedure pursuant to the legislation of that State. These authorities make their decision in the same conditions for all common crime of serious nature in accordance with the laws of this State.
2. any person against whom proceedings are taken due to one of the offences provided for in article 1 has the guarantee of fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the law of the State on whose territory it is located.

Art. 9-1. It will not be done right to a request for extradition submitted under this Convention about an alleged perpetrator of the offence if the requested State party has substantial to believe reason: has) presented the extradition request relating to an offence under article 1 for the purpose to prosecute or punish a person consider his race religion, nationality, ethnic origin or political opinions; or (b) that that person's position may be prejudiced:


((i) for one any reason referred to in clause a) of this paragraph, yes) for the reason that the competent authorities of the State entitled to exercise rights of protection cannot communicate with it.

2. respect to the offences defined in this Convention, the provisions of all treaties and arrangements for extradition applicable between States parties are modified between these States parties insofar as they are inconsistent with this Convention.

Art. 10-1. The offences provided for in article 1 are understood as extradition cases in any extradition treaty concluded between States parties. States parties undertake to include such offences as extradition cases in all treaty for extradition to be concluded between them.
2. If a State party that makes extradition to the existence of a treaty receives a request for extradition from another State party with which it is not bound by an extradition treaty, the requested State has the latitude to consider this Convention as the legal basis for extradition with respect to the offences provided for in article 1.
Extradition is subject to the other conditions provided by the law of the requested State.
3. States parties which shall not make extradition to the existence of a treaty recognizing the offences provided for in article first as cases for extradition between them in accordance with the law of the requested State.
4. between States parties, the offences provided for in article 1 are considered for the purposes of extradition as having been committed not only in the territory of the States required to establish their jurisdiction under paragraph 1 of article 5 place.

Art. 11-1. States parties agree the broadest possible legal assistance in all criminal proceedings relating to the offences provided for in article 1, including in what concerns the communication of all the evidence available to them and are necessary for the purposes of the procedure.
2. the provisions of paragraph 1 of this article do not affect mutual legal assistance obligations stipulated in any other treaty.

Art. 12. insofar as the Geneva Conventions of 1949 for the protection of victims of war and the additional protocols to these conventions are applicable to a particular Act of hostage-taking, and insofar as States parties to the present Convention are required, under the said conventions, to continue or to the author of the taking of hostages , this Convention does not apply to an act of hostage-taking committed during armed conflict within the meaning of the Geneva Conventions of 1949 and the protocols are related, including armed conflicts referred to in paragraph 4 of article 1 of the additional Protocol I of 1977, in which peoples are fighting against colonial domination and foreign occupation and against racist regimes in the exercise of the right of peoples to self-determination, dedicated in the United Nations Charter and in the Declaration on principles of international law on friendly relations and cooperation among States in accordance with the Charter of the United Nations.

RS 0.518.12, 0.518.23, 0.518.42, 0.518.51 RS 0.518.521, 0.518.522 art. 13. the present Convention is not applicable when the offence is committed in the territory of a single State, the hostage and the alleged perpetrator of the offence to have the nationality of that State and the alleged perpetrator of the offence is discovered on the territory of that State.

Art. 14. nothing in this Convention may be interpreted as justifying the violation of the territorial integrity or political independence of a State in contravention of the Charter of the United Nations.

Art. 15. the provisions of this agreement will not affect the application of the treaties on asylum, in force at the date of adoption of the Convention, with regard to States that are parties to those treaties; but a State party to this Convention will not invoke those treaties with respect to another State party to this Convention which laughed, is not a party to these treaties.

Art. 16-1. Any dispute between two or more States parties concerning the interpretation or application of this Convention which is not settled by negotiation flies is subject to arbitration at the request of one of them. If, within six months following the date of the request for arbitration, the parties are unable to agree on the Organization of the arbitration, one any of them can 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 where he will sign this Convention, will ratify or there will adhere, declare that he not consider itself bound by the provisions of paragraph 1 of this article. Other States parties will not be bound by those provisions to a State party which has made such a reservation.
3. any State party which has made a reservation in accordance with the provisions of paragraph 2 of this article may, at any time, lift this reservation by notification to the Secretary-General of the United Nations.

Art. 17-1. This Convention is open to signature by all States, until December 31, 1980, at the headquarters of the United Nations, in New York.
2. the present Convention will be ratified. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
3. this Convention is open to accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Art. 18-1. This agreement will take effect on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification or accession.
2. for each of the States that ratify the Convention or there will join after the deposit of the twenty-second instrument of ratification or accession, the Convention will take effect on the thirtieth day after the deposit by that State of its instrument of ratification or accession.

Art. 19-1. Any State party may denounce the present Convention by flies of written notification to the Secretary-General of the United Nations.
2. the denunciation shall take effect one year after the date on which the notification is received by the Secretary-General of the United Nations.

Art. 20. the original of this Convention, of which the English, Arabic, Chinese, English, french and Russian texts are equally authentic, will be deposited with the Secretary-General of the United Nations, which will hold certified copy to all States.
In faith whereof, the undersigned, duly authorized to that effect by their respective Governments, have signed this Convention, which was opened for signature in New York on 18 December 1979.
(Follow signatures)

Scope 5 March 2015 States parties Ratification, accession (A) Declaration of estate (S) entry into force September 24, 2003 Afghanistan's October 24, 2003 South Africa from September 23 2003-23 October 2003 Albania 22 January 2002-21 February Algeria 18 December 2002 1996 to 17 January Germany 15 December 1997 1980 3 June Andorra 23 September 1983 2004-23 October 2004 Antigua and Barbuda 6 August 1986 to 5 September 1986 Saudi Arabia 8 January 1991 At February 7, 1991 Argentina September 18, 1991 at October 18, 1991 Armenia March 16, 2004 to April 15, 2004 Australia 21 May 1990 at 20 June 1990 Austria 22 August 1986 September 21, 1986 Azerbaijan February 29, 2000 March 30, 2000 Bahamas 4 June 1981 was June 3, 1983 Bahrain September 16, 2005 at October 16, 2005 Bangladesh may 20, 2005 A Barbados June 19, 2005 March 9, 1981 at June 3, 1983 Belarus 1 July 1987 A

July 31, 1987 Belgium April 16, 1999 16 May 1999 Belize 14 November 2001 December 14, 2001 Benin July 31, 2003 was 30 August 2003 Bhutan 31 August 1981 3 June 1983 Bolivia January 7, 2002 February 6, 2002 Bosnia and Herzegovina 1 September 1993 S March 6, 1992 Botswana 8 September 2000 has October 8, 2000 Brazil 8 March 2000 April 7, 2000 Brunei A October 18, 1988 A November 17, 1988 Bulgaria 10 March 1988 A

9 April 1988 Burkina Faso 1 October 2003 October 31, 2003 Cambodia 27 July 2006 has 26 August 2006 Cameroon 9 March 1988 to April 8, 1988 Canada December 4, 1985 January 3, 1986 Cape - green 10 September 2002 was October 10, 2002 Chile November 12, 1981 3 June 1983 China January 26, 1993 A February 25, 1993 Hong Kong 6 June 1997 1 July 1997 Macao December 3, 1999 December 20, 1999 Cyprus 13 September 1991 A 13 October

1991 Colombia 14 April 2005 may 14, 2005 Comoros September 25, 2003 October 25, 2003 (North) Korea November 12, 2001 has December 12, 2001 (South) Korea 4 May 1983 3 June 1983 Costa Rica January 24, 2003 has 23 February 2003 side of ivory 22 August 1989 September 21, 1989 Croatia September 23, 2003 October 8, 1991 Cuba November 15, 2001 S has 15 December 2001 Denmark August 11, 1987 A September 10, 1987 Djibouti June 1

2004 July 1, 2004 September 9, 1986 Dominique has 9 October 1986 Egypt October 2, 1981 3 June 1983 El El Salvador 12 February 1981 3 June 1983


September 24, 2003 United Arab Emirates A 24 October 2003 Ecuador may 2, 1988 1 June 1988 Spain 26 March 1984 was April 25, 1984 Estonia 8 March 2002 to April 7, 2002 United States December 7, 1984 January 6, 1985 Ethiopia 16 April 2003 May 16, 2003 Fiji 15 May 2008 has 14 June 2008 Finland April 14, 1983 June 3, 1983 France 9 June 2000 has July 9, 2000 Gabon April 19, 2005 may 19, 2005 Georgia

February 18, 2004 March 19, 2004 Ghana November 10, 1987 has 10 December 1987 Greece 18 June 1987 18 July 1987 Granada 10 December 1990 has 9 January 1991 Guatemala March 11, 1983 June 3, 1983 Guinea 22 December 2004 January 21, 2005 Guinea - Bissau 6 August 2008 has 5 September 2008 Equatorial Guinea 7 February 2003 has March 9, 2003 Guyana 12 September 2007 October 12, 2007 Haiti 17 May 1989 June 16, 1989 Honduras June 1

1981 3 June 1983 Hungary September 2, 1987 October 2, 1987 Marshall Islands 27 January 2003 has 26 February 2003 India 7 September 1994 7 October 1994 Iraq August 26, 2013 September 25, 2013 Iran 20 November 2006 has December 20, 2006 Ireland 30 June 2005 has July 30, 2005 Iceland July 6, 1981 to June 3, 1983 Italy 20 March 1986 19 April 1986 Jamaica August 9, 2005 September 8, 2005 Japan June 8, 1987 July 8

Jordan 19 February 1987 1986 21 March 1986 Kazakhstan February 21, 1996 March 22, 1996 Kenya 8 December 1981 has 3 June 1983 Kyrgyzstan 2 October 2003 November 1, 2003 Kiribati 15 September 2005 October 15, 2005 Kuwait February 6, 1989 has 8 March 1989 Laos 22 August 2002 to September 21, 2002 Lesotho November 5, 1980 June 3, 1983 Latvia November 14, 2002 December 14, 2002 Lebanon 4 December 1997 has 3 January 1998

Liberia 5 March 2003 April 4, 2003 Libya 25 September 2000 October 25, 2000 Liechtenstein 28 November 1994 has 28 December 1994 Lithuania 2 February 2001 to March 4, 2001 Luxembourg 29 April 1991 29 May 1991 Macedonia 12 March 1998 S November 17, 1991 Madagascar 24 September 2003 has 24 October 2003 Malaysia 29 May 2007 June 28, 2007 Malawi March 17, 1986 April 16, 1986 Mali 8 February 1990 has 10 March 1990 Malta 11 November 2001 December 11, 2001 Morocco 9 May 2007 was June 8, 2007 Maurice 17 October 1980 3 June 1983 Mauritania March 13 1998 12 April 1998 Mexico April 28, 1987 may 28, 1987 Micronesian 6 July 2004 has August 5, 2004 Moldova 10 October 2002 to November 9, 2002 Monaco 16 October 2001 November 15, 2001 Mongolia June 9, 1992 has 9 July 1992 Montenegro 23 October 2006 S 3 June 2006 Mozambique 14 January

2003 February 13, 2003 Myanmar 4 June 2004 A July 4, 2004 Nauru 2 August 2005 has 1 September 2005 Nepal 9 March 1990 to April 8, 1990 Nicaragua September 24, 2003 October 24, 2003 Niger 26 October 2004 has 25 November 2004 Nigeria September 24, 2013 has 24 October 2013 Niue June 22, 2009 to July 22, 2009 Norway July 2, 1981 June 3, 1983 New Zealand 12 November 1985 12 December 1985 Cook Islands 12 November 1985

December 12, 1985 Oman July 22, 1988 has 21 August 1988 Uganda 5 November 2003 December 5, 2003 Uzbekistan 19 January 1998 February 18, 1998 Pakistan 8 September 2000 has 8 October 2000 Palau 14 November 2001 December 14, 2001 Panama August 19, 1982 to June 3, 1983 Papua New Guinea 30 September 2003 October 30, 2003 Paraguay September 22, 2004 has October 22, 2004 Curaçao Netherlands 6 December 1988 January 5, 1989 part Caribbean (Bonaire (, Sint Eustatius and Saba) 6 December 1988 January 5, 1989 Sint Maarten 6 December 1988 January 5, 1989 Peru July 6, 2001 A August 5, 2001 Philippines 14 October 1980 3 June 1983 Poland 25 May 2000 A 24 June 2000 Portugal * 6 July 1984 5 August 1984 Qatar * 11 September 2012 October 11, 2012 Central African Republic July 9, 2007 was August 8, 2007 Dominican Republic October 3, 2007 November 2, 2007 Czech Republic 22 February 1993 S 1 January 1993 Romania 17 May 1990 A 16 June 1990 United Kingdom 22 December 1982 3 June 1983 territories under the territorial sovereignty of the United Kingdom 22 December 1982 3 June 1983 Russia June 11, 1987 A July 11, 1987 Rwanda may 13, 2002 June 12, 2002 Saint - Kitts - and - Nevis 17 January 1991 16 February 1991 Saint - Marin December 16, 2014 has 15 January 2015 Saint - Vincent - and - the Grenadines 12 September 2000 October 12, 2000 St. - Lucia October 17, 2012 has 16 November 2012 Sao Tome and Principe, August 23, 2006 has September 22, 2006 South Africa March 10, 1987 April 9, 1987 Serbia March 12, 2001 27 April 1992 Seychelles November 12, 2003 was December 12, 2003 Sierra Leone 26 September 2003 has 26 October 2003 Singapore * October 22, 2010 November 21, 2010 Slovakia 28 May 1993 S January 1, 1993 Slovenia 6 July 1992 25 June 1991 Sudan 19 June 1990 was July 19, 1990 Sri Lanka 8 September 2000 has October 8

2000 Sweden 15 January 1981 3 June 1983 Switzerland 5 March 1985 April 4, 1985 Suriname 5 November 1981 3 June 1983 Swaziland 4 April 2003 has 4 May 2003 6 May 2002 Tajikistan's June 5, 2002 Thailand * October 2, 2007 November 1, 2007 Tanzania 22 January 2003 has 21 February 2003 Chad 1 November 2006 to December 1, 2006 Togo July 25, 1986 August 24, 1986 Tonga 9 December 2002 has January 8, 2003 Trinidad and Tobago 1 April

1981 June 3, 1983 Tunisia June 18, 1997 July 18, 1997 Turkmenistan 25 June 1999 has July 25, 1999 Turkey 15 August 1989 14 September 1989 Ukraine 19 June 1987 19 July 1987 Uruguay 4 March 2003 has 3 April 2003 Venezuela 13 December 1988 12 January 1989 Viet Nam 9 January 2014 A February 8, 2014 Yemen 14 July 2000 has 13 August 2000 * Reserves and declarations.* * Objections.Les reserves statements and objections, with the exception of Switzerland, are not published to the RO. Texts in french and English can be found at the address of the Internet site of the United Nations: http://treaties.un.org or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

June 3, 1983 to June 30, 1997, the Convention was applicable to Hong Kong on the basis of a declaration of territorial expansion of the United Kingdom. Starting from July 1, 1997, Hong Kong became a special administrative Region (SAR) of the People's Republic of China. Under the Chinese statement on 10 June 1997, the Convention is also applicable to the RAS Hong Kong from July 1, 1997.

June 28, 1999 to Dec. 19. 1999, the Convention was applicable in Macao on the basis of a declaration of territorial extension of the Portugal. From Dec. 20. 1999, Macao became a special administrative Region (SAR) of the People's Republic of China. Under the declaration Chinese Dec. 3. 1999, the Convention is also applicable to the Macao SAR from 20 dec. 1999 reservations and declarations Switzerland the Swiss federal Council interprets article 4 of the convention in the sense that the Switzerland undertakes to fulfil the obligations are contained in the conditions provided by its internal law.

1985 429 RO; FF 1984 I 689 RO 1985 428 RS 0.120 RO 1985-436, 1986 325, 1987-771, 1989-129, 1990-879, 2004 3605, 2005 4763, 2007 1381, 2008 659, 2010 3983, 2012 5381, 2015 829. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
Art. 1 al. the AF from 29 nov 1. 1984 (1985 428 RO).

State March 5, 2015

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