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RS 0.351.4 International Convention of 17 December 1979 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

Conclue in New York on 17 December 1979

Approved by the Federal Assembly on November 29, 1984 1

Instrument of ratification deposited by Switzerland on 5 March 1985

Entry into force for Switzerland on 4 April 1985

(Status on 5 March 2015)

The States Parties to this Convention,

Bearing in mind the purposes and principles of the Charter of the United Nations 2 Concerning the maintenance of international peace and security and the development of friendly relations and cooperation among States,

Recognizing in particular that everyone has the right to the life, liberty and security of his person as provided for in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,

Reaffirming the principle of equal rights of peoples and their right to self-determination in the Charter of the United Nations and in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation between States in accordance with the Charter of the United Nations, as well as in other relevant resolutions of the General Assembly,

Whereas the taking of hostages is an offence which is of grave concern to the international community and that, in accordance with the provisions of this 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 in the development and adoption of effective measures to prevent, suppress and punish all acts of hostage-taking as Manifestations of international terrorism,

Agreed to the following:

Art. 1

1. The offence of taking hostages within the meaning of this Convention, any person who takes possession of a person (hereinafter referred to as "hostage"), or holds it and threatens to kill, injure or continue to hold the person in order to compel a third party Party, namely a State, an international intergovernmental organization, a natural or legal person or a group of persons, to perform any act or to refrain from doing so as an explicit or implicit condition of the release of The hostage.

2. Any person who is guilty of an offence for the purposes of this Convention:

(a)
Attempts to commit an act of taking a otages; or
(b)
Is complicit in a person who commits or attempts to commit an act of hostage-taking.
Art. 2

Each State Party shall reprimand the offences provided for in the first article of appropriate penalties which take into account the serious nature of such offences.

Art. 3

(1) The State Party on whose territory the hostage is held by the offender shall take any measures it deems appropriate to improve the fate of the hostage, in particular to ensure his release and, if necessary, facilitate his departure after his Release.

2. If an object obtained by the perpetrator of the offence of the taking of hostages is to be held by a State Party, the State Party shall return it as soon as possible to the hostage or to the third party referred to in Article 1, as the case may be, or to their authorities Appropriate.

Art. 4

The States Parties shall cooperate in the prevention of the offences provided for in Article 1, in particular:

(a)
Taking all possible measures to prevent the preparation, in their respective territories, of such offences intended to be committed within or outside their territory, including measures to prohibit them Territory the illegal activities of individuals, groups and organizations that encourage, foment, organize or carry out key acts of hostage-taking;
(b)
Exchanging information and coordinating administrative and other measures, where appropriate, to prevent the commission of such offences.
Art. 5

1. Each State Party shall take the necessary measures to establish its jurisdiction for the purposes of the offences set out in Article 1, which are committed:

(a)
On its territory or on board a ship or aircraft registered in that State;
(b)
By any of its nationals, or, if the State considers it appropriate, by stateless persons who have their habitual residence in its territory;
(c)
To compel him to perform any act or to refrain from doing so; or
(d)
Against a hostage who is a national of that State when the latter considers it appropriate.

2. Likewise, any State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing the offences provided for in Article 1 in the case where the alleged offender is on its territory and where the State does not extradite him Not to any of the States referred to in paragraph 1 of this Article.

(3) This Convention does not exclude criminal jurisdiction exercised under domestic law.

Art. 6

1. If it considers that the circumstances so warrant, any State Party on whose territory the alleged offender is located shall, in accordance with its law, ensure that the person is detained or takes any other measures necessary for the Ensure the person, during the time required for the initiation of criminal proceedings or extradition proceedings. The State Party shall immediately carry out a preliminary investigation with a view to establishing 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 United Nations:

(a)
The State in which the offence was committed;
(b)
To the State which has been the subject of the constraint or attempt at constraint;
(c)
To the State of which the natural or legal person who has been the subject of coercion or attempted coercion has nationality;
(d)
To the State of which the hostage is a national or in whose territory he has his habitual residence;
(e)
To the State where the alleged offender has the nationality or, if the latter is stateless, to the State in whose territory he has his habitual residence;
(f)
The international intergovernmental organization that has been the subject of coercion or attempted coercion;
(g)
To all other interested States.

(3) Any person in respect of whom the measures referred to in paragraph 1 of this Article are taken shall be entitled:

(a)
To communicate without delay with the competent representative closest to the State of which it is a national or otherwise entitled to establish such communication or, if it is a stateless person, of the State in whose territory it has its own Usual residence;
(b)
To receive a visit from a representative of that State.

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 whose territory the alleged offender 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 of this Article.

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 Article 5 (b), to invite the International Committee of the Red Cross to communicate With the alleged offender and to visit him.

(6) The State conducting the preliminary inquiry referred to in paragraph 1 of this article shall promptly communicate its findings to the States or the organization referred to in paragraph 2 of this article and shall indicate whether it intends to exercise its jurisdiction.

Art. 7

The State Party in which criminal proceedings have been instituted against the alleged offender shall communicate in accordance with its laws the final result to the Secretary-General of the United Nations, who shall inform the other States Interested parties and international intergovernmental organizations concerned.

Art. 8

The State Party in whose territory the alleged offender is found, if it does not extradite the alleged offender, submits the case, without any exception, and whether or not the offence has been committed in its territory, has its competent authorities For the exercise of criminal proceedings in accordance with a procedure in accordance with the law of that State. These authorities shall take their decision under the same conditions as for any infringement of a common law of a serious nature in accordance with the laws of that State.

(2) Any person against whom proceedings are instituted on the basis of one of the offences provided for in Article 1 shall enjoy the guarantee of equitable treatment at all stages of the proceedings, including the enjoyment of all rights and Guaranteed by the law of the State in whose territory it is located.

Art.

It shall not be entitled to an extradition request submitted under this Convention in respect of an alleged offender of the offence if the requested State Party has substantial grounds to believe:

(a)
That the request for extradition in respect of an offence under article 1 has been made for the purpose of prosecuting or punishing a person in respect of his or her race, religion, nationality, ethnic origin or opinions Policies; or
(b)
The position of that person is likely to be prejudicable:
(i)
For any of the reasons referred to in paragraph (a) of this paragraph, or
(ii)
For the reason that the competent authorities of the State having the right to exercise the rights of protection cannot communicate with it.

2. In relation to the offences defined in this Convention, the provisions of all treaties and extradition arrangements applicable between States Parties shall be amended between those States Parties in so far as they are incompatible with This Convention.

Art. 10

1. The offences provided for in Article 1 shall be fully understood as extraditable offences in any extradition treaty between States Parties. States Parties undertake to understand these offences as extraditable offences in any extradition treaty to be concluded between them.

(2) If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition by another State Party with which it is not bound by an extradition treaty, the requested State shall have the discretion to consider the present Convention as the legal basis for extradition in respect of the offences set out in Article 1.

Extradition shall be subject to the other conditions laid down by the law of the requested State.

States Parties which do not make extradition conditional on the existence of a treaty shall recognise the offences provided for in Article 1 as extraditable offences between them under the conditions laid down by the law of the requested State.

4. Between States Parties, the offences provided for in Article 1 shall be considered for the purposes of extradition as having been committed both in the place of their commission and in the territory of the States required to establish their jurisdiction under paragraph 1. Article 5.

Art. 11

1. States Parties shall afford the widest measure of mutual legal assistance in any criminal proceedings relating to the offences provided for in Article 1, including the communication of all the evidence before them And are necessary for the purposes of the procedure.

2. The provisions of paragraph 1 of this article shall not affect the obligations relating to mutual legal assistance stipulated in any other treaty.

Art. 12

To the extent that the Geneva Conventions of 1949 1 For the protection of war victims or the Additional Protocols 2 To such agreements shall apply to an act of special hostage-taking, and to the extent that the States party to this Convention are obliged, by virtue of those conventions, to prosecute or surrender the author of the hostage-taking, the present Convention does not apply to acts of hostage-taking during armed conflicts within the meaning of the Geneva Conventions of 1949 and the Protocols thereto, including armed conflicts referred to in article 1, paragraph 4, of the Protocol Additional I of 1977, in which the peoples struggle against colonial domination and occupation And against racist regimes, in the exercise of the right of peoples to self-determination, enshrined in the Charter of the United Nations and in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation between States in accordance with the Charter of the United Nations.


1 RS 0.518.12 , 0.518.23, 0.518.42, 0.518.51
2 RS 0.518.521 , 0.518.522

Art. 13

This Convention shall not apply where the offence is committed in the territory of a single State, that the hostage and the alleged offender have the nationality of that State and that the alleged offender is discovered on the Territory of that State.

Art. 14

Nothing in this Convention shall be construed 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 Convention shall not affect the application of the treaties on asylum, in force on the date of adoption of the said Convention, with regard to the States which are party to those treaties; but a State Party to the present Convention may not invoke those treaties in respect of another State Party to the present Convention, which is not a party to those 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 shall be submitted to arbitration at the request of one of them. If, within six months after the date of the request for arbitration, the parties fail to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice, in Filing a request in accordance with the Statute of the Court.

(2) Any State may, at the time of signing this Convention, ratify or accede to it, declare that it does not consider itself bound by the provisions of paragraph 1 of this article. The other States Parties shall not be bound by those provisions to a State Party which has formulated 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 withdraw that reservation by a notification addressed to the Secretary-General of the United Nations.

Art. 17

(1) This Convention shall be open for signature by all States until 31 December 1980 at United Nations Headquarters in New York.

2. This Convention shall be ratified. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

(3) This Convention shall be open for accession by any State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Art. 18

(1) This Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force 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 this Convention by written notification addressed to the Secretary-General of the United Nations.

(2) Denunciation shall take effect one year after the date on which the notification has been received by the Secretary-General of the United Nations.

Art.

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 transmit certified copies thereof to all States.

In witness 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.

(Suivent signatures)

Scope of application on 5 March 2015 3

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

Afghanistan

24 September

2003 A

24 October

2003

South Africa

23 September

2003 A

23 October

2003

Albania

22 January

2002 A

21 February

2002

Algeria *

18 December

1996 A

17 January

1997

Germany *

15 December

1980

3 June

1983

Andorra

23 September

2004 A

23 October

2004

Antigua and Barbuda

August 6

1986 A

September 5

1986

Saudi Arabia *

8 January

1991 A

7 February

1991

Argentina

18 September

1991 A

18 October

1991

Armenia

March 16

2004 A

15 April

2004

Australia

21 May

1990 A

20 June

1990

Austria

22 August

1986

21 September

1986

Azerbaijan

29 February

2000 A

30 March

2000

Bahamas

4 June

1981 A

3 June

1983

Bahrain

16 September

2005 A

October 16

2005

Bangladesh

20 May

2005 A

19 June

2005

Barbados

March 9

1981 A

3 June

1983

Belarus *

1 Er July

1987 A

July 31

1987

Belgium

April 16

1999

May 16

1999

Belize

14 November

2001 A

14 December

2001

Benin

July 31

2003 A

August 30

2003

Bhutan

August 31

1981 A

3 June

1983

Bolivia

7 January

2002

February 6

2002

Bosnia and Herzegovina *

1 Er September

1993 S

6 March

1992

Botswana

8 September

2000 A

8 October

2000

Brazil *

8 March

2000 A

7 April

2000

Brunei

18 October

1988 A

17 November

1988

Bulgaria *

10 March

1988 A

April 9

1988

Burkina Faso

1 Er October

2003 A

October 31

2003

Cambodia

27 July

2006 A

26 August

2006

Cameroon

March 9

1988 A

April 8

1988

Canada

4 December

1985

3 January

1986

Cape Verde

10 September

2002 A

10 October

2002

Chile *

12 November

1981

3 June

1983

China *

26 January

1993 A

25 February

1993

Hong Kong * A

6 June

1997

1 Er July

1997

Macao B

3 December

1999

20 December

1999

Cyprus

13 September

1991 A

13 October

1991

Colombia *

April 14

2005 A

14 May

2005

Comoros

September 25

2003 A

25 October

2003

Korea (North) *

12 November

2001 A

12 December

2001

Korea (South)

4 May

1983 A

3 June

1983

Costa Rica

24 January

2003 A

23 February

2003

Côte d' Ivoire

22 August

1989 A

21 September

1989

Croatia

23 September

2003 S

8 October

1991

Cuba *

15 November

2001 A

15 December

2001

Denmark

August 11

1987 A

10 September

1987

Djibouti

1 Er June

2004 A

1 Er July

2004

Dominica *

9 September

1986 A

9 October

1986

Egypt

2 October

1981

3 June

1983

El Salvador *

12 February

1981

3 June

1983

United Arab Emirates

24 September

2003 A

24 October

2003

Ecuador

2 May

1988 A

1 Er June

1988

Spain **

26 March

1984 A

April 25

1984

Estonia

8 March

2002 A

7 April

2002

United States

7 December

1984

6 January

1985

Ethiopia *

April 16

2003 A

May 16

2003

Fiji

15 May

2008 A

14 June

2008

Finland

April 14

1983

3 June

1983

France * **

9 June

2000 A

July 9

2000

Gabon

19 April

2005

19 May

2005

Georgia

18 February

2004 A

19 March

2004

Ghana

10 November

1987 A

10 December

1987

Greece

18 June

1987

18 July

1987

Grenada

10 December

1990 A

9 January

1991

Guatemala

March 11

1983

3 June

1983

Guinea

22 December

2004 A

21 January

2005

Guinea-Bissau

August 6

2008 A

September 5

2008

Equatorial Guinea

7 February

2003 A

March 9

2003

Guyana

12 September

2007 A

12 October

2007

Haiti

17 May

1989

June 16

1989

Honduras

1 Er June

1981

3 June

1983

Hungary

2 September

1987 A

2 October

1987

Marshall Islands

27 January

2003 A

26 February

2003

India *

7 September

1994 A

7 October

1994

Iraq

26 August

2013

September 25

2013

Iran *

20 November

2006 A

20 December

2006

Ireland

30 June

2005 A

July 30

2005

Iceland

July 6

1981 A

3 June

1983

Italy * **

20 March

1986

19 April

1986

Jamaica

August 9

2005

8 September

2005

Japan

8 June

1987

July 8

1987

Jordan

19 February

1986 A

21 March

1986

Kazakhstan

21 February

1996 A

22 March

1996

Kenya *

8 December

1981 A

3 June

1983

Kyrgyzstan

2 October

2003 A

1 Er November

2003

Kiribati

September 15

2005 A

15 October

2005

Kuwait *

February 6

1989 A

8 March

1989

Laos *

22 August

2002 A

21 September

2002

Lesotho

5 November

1980

3 June

1983

Latvia **

14 November

2002 A

14 December

2002

Lebanon *

4 December

1997 A

3 January

1998

Liberia

March 5

2003

April 4

2003

Libya

September 25

2000 A

25 October

2000

Liechtenstein *

28 November

1994 A

28 December

1994

Lithuania

2 February

2001 A

March 4

2001

Luxembourg

29 April

1991

29 May

1991

Macedonia

12 March

1998 S

17 November

1991

Madagascar

24 September

2003 A

24 October

2003

Malaysia *

29 May

2007 A

28 June

2007

Malawi *

March 17

1986 A

April 16

1986

Mali

February 8

1990 A

10 March

1990

Malta

11 November

2001 A

11 December

2001

Morocco

9 May

2007 A

8 June

2007

Mauritius

17 October

1980

3 June

1983

Mauritania

13 March

1998 A

12 April

1998

Mexico *

28 April

1987 A

28 May

1987

Micronesia

July 6

2004 A

August 5

2004

Moldova *

10 October

2002 A

9 November

2002

Monaco

October 16

2001 A

15 November

2001

Mongolia

9 June

1992 A

July 9

1992

Montenegro *

23 October

2006 S

3 June

2006

Mozambique *

14 January

2003 A

13 February

2003

Myanmar *

4 June

2004 A

4 July

2004

Nauru

2 August

2005 A

1 Er September

2005

Nepal

March 9

1990 A

April 8

1990

Nicaragua

24 September

2003 A

24 October

2003

Niger

26 October

2004 A

25 November

2004

Nigeria

24 September

2013 A

24 October

2013

Niue

22 June

2009 A

July 22

2009

Norway

July 2

1981

3 June

1983

New Zealand

12 November

1985

12 December

1985

Cook Islands

12 November

1985

12 December

1985

Oman

July 22

1988 A

August 21

1988

Uganda

5 November

2003

5 December

2003

Uzbekistan

19 January

1998 A

18 February

1998

Pakistan

8 September

2000 A

8 October

2000

Palau

14 November

2001 A

14 December

2001

Panama

19 August

1982

3 June

1983

Papua New Guinea

September 30

2003 A

30 October

2003

Paraguay

22 September

2004 A

22 October

2004

Netherlands *

Curaçao

6 December

1988

5 January

1989

Caribbean (Bonaire, Sint Eustatius and Saba)

6 December

1988

5 January

1989

Sint Maarten

6 December

1988

5 January

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 * *

July 6

1984

August 5

1984

Qatar *

11 September

2012 A

11 October

2012

Central African Republic

July 9

2007 A

8 August

2007

Dominican Republic

3 October

2007

2 November

2007

Czech Republic

22 February

1993 S

1 Er January

1993

Romania

17 May

1990 A

June 16

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

11 June

1987 A

July 11

1987

Rwanda

13 May

2002 A

12 June

2002

Saint Kitts and Nevis

17 January

1991 A

February 16

1991

San Marino

16 December

2014 A

15 January

2015

Saint Vincent and the Grenadines

12 September

2000 A

12 October

2000

Saint Lucia *

17 October

2012 A

16 November

2012

Sao Tome and Principe

August 23

2006 A

22 September

2006

Senegal

10 March

1987

April 9

1987

Serbia *

12 March

2001 S

April 27

1992

Seychelles

12 November

2003 A

12 December

2003

Sierra Leone

26 September

2003 A

26 October

2003

Singapore *

22 October

2010 A

21 November

2010

Slovakia

28 May

1993 S

1 Er January

1993

Slovenia

July 6

1992 S

25 June

1991

Sudan

19 June

1990 A

19 July

1990

Sri Lanka

8 September

2000 A

8 October

2000

Sweden

15 January

1981

3 June

1983

Switzerland *

March 5

1985

April 4

1985

Suriname

5 November

1981

3 June

1983

Swaziland

April 4

2003 A

4 May

2003

Tajikistan

6 May

2002 A

5 June

2002

Thailand *

2 October

2007 A

1 Er November

2007

Tanzania

22 January

2003 A

21 February

2003

Chad

1 Er November

2006 A

1 Er December

2006

Togo

July 25

1986

August 24

1986

Tonga

9 December

2002 A

8 January

2003

Trinidad and Tobago

1 Er April

1981 A

3 June

1983

Tunisia *

18 June

1997 A

18 July

1997

Turkmenistan

25 June

1999 A

July 25

1999

Turkey *

August 15

1989 A

September 14

1989

Ukraine *

19 June

1987 A

19 July

1987

Uruguay

March 4

2003 A

3 April

2003

Venezuela *

13 December

1988 A

12 January

1989

Vietnam *

9 January

2014 A

February 8

2014

Yemen

July 14

2000 A

13 August

2000

*
Reservations and declarations.
**
Objections.
Reservations, declarations and objections, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.
A
From 3 June 1983 to 30 June 1997, the Convention was applicable to Hong Kong on the basis of a territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 10 June 1997, the Convention is also applicable to the Hong Kong SAR from 1 Er July 1997.

B From 28 June 1999 to 19 Dec. 1999, the Convention was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. Under the Chinese declaration of Dec. 3. 1999, the Convention is also applicable to the Macao SAR from 20 Dec. 1999.

Reservations and declarations

Switzerland 4

The Swiss Federal Council interprets Article 4 of the Convention in the sense that Switzerland undertakes to fulfil the obligations contained therein under the conditions laid down in its domestic legislation.


RO 1985 429; FF 1984 I 689


1 RO 1985 428
2 RS 0.120
3 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 updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
4 Art. 1 al. 1 of the FY 29 Nov 1984 (RO 1985 428).


Status March 5, 2015