Key Benefits:
Original text
(Status on 19 March 2014)
The States Parties to this Protocol,
Parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 3
Recognizing that the reasons for the development of the Convention also apply to fixed platforms located on the continental shelf,
Taking into account the provisions of the said Convention,
Affirming that matters not regulated by this Protocol will continue to be governed by the rules and principles of general international law,
Agreed to the following:
1. 1 The provisions of s. 1 (c), (d), (e), (f), (g), (h) and (2) (a). 1, those of s. 2 Bis , 5, 5 Bis And 7 and art. 10 to 16, including art. 11 Bis , 11 Ter And 12 Bis The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, as amended by the 2005 Protocol on the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, Also apply Mutatis mutandis Offences referred to in s. 2, 2 Bis And 2 Ter Of this Protocol where such offences are committed on board or against fixed platforms located on the continental shelf.
2. In cases where this Protocol is not applicable in accordance with par. 1, its provisions shall, however, apply if the alleged offender or author of the offence is discovered in the territory of a State Party other than the State in the inland waters or in the territorial sea from which the fixed platform is situated.
3. For the purposes of this Protocol, "fixed platform" means an artificial island, facility or structure permanently attached to the seabed for the purpose of exploration or exploitation of resources or for other economic purposes.
1 New content according to Art. 2 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
1. Every person who, unlawfully and intentionally, is guilty of a criminal offence:
2. 3 Any person who threatens to commit any of the offences referred to in s. 1 (b) and (c), if that threat is such as to compromise the security of the fixed platform, whether or not the threat is accompanied by a requirement under domestic law in order to compel a natural or legal person to perform or refrain from doing so To perform any act.
1 New content according to Art. 3 para. 1 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
2 Repealed by Art. 3 para. 2 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and with effect from 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
3 New content according to Art. 3 para. 3 of the Prot. Of 14 Oct. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
Any person who unlawfully and deliberately, when that act, by his or her nature or context, is guilty of an offence under this Protocol is intended to intimidate a population or to compel a government or an international organization to Perform or refrain from doing any of the following:
1 Introduced by Art. 4. 1 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
A person also commits an offence within the meaning of this Protocol any person who:
1 Introduced by Art. 4. 2 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
1. 1 Each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing the offences referred to in s. 2, 2 Bis And 2 Ter When the offence is committed:
(2) A State Party may also establish its jurisdiction for the purpose of knowing any of these offences:
3. 2 Any State Party which has established its jurisdiction for the cases referred to in s. 2 informs the Secretary-General. If that State Party subsequently cancels that jurisdiction, it shall inform the Secretary-General.
4. 3 Each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing the offences referred to in s. 2, 2 Bis And 2 Ter In cases where the alleged offender is in his territory and where he does not extradite him to any of the States Parties which have established their jurisdiction in accordance with s. 1 and 2.
5. This Protocol shall not preclude any criminal jurisdiction exercised in accordance with national law.
1 New content according to Art. 5 al. 1 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
2 New content according to Art. 5 al. 2 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
3 New content according to Art. 5 al. 3 of the Prot. Of 14 Oct. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
Nothing in this Protocol shall affect in any way the rules of international law relating to fixed platforms located on the continental shelf.
The final clauses of the 2005 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf are Art. 8 to 13 of the 2005 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. References in this Protocol to the States Parties shall be considered as references to the States Parties to the 2005 Protocol.
1 Introduced by Art. 7 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
1. This Protocol shall be open on 10 March 1988 in Rome and, from 14 March 1988 to 9 March 1989, at the Headquarters of the International Maritime Organization (hereinafter referred to as " the Organization) , at the signature of any State which has signed the Convention. It then remains open for accession.
2. States may express their consent to be bound by this Protocol by:
3. The ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.
4. Only a State which has signed the Convention without reservation as to ratification, acceptance or approval or which has ratified, accepted, approved or acceded to the Convention may become a Party to this Protocol.
(1) This Protocol shall enter into force ninety days after the date on which three States have either signed the Protocol without reservation as to ratification, acceptance or approval, or deposited an instrument of ratification, Acceptance, approval or accession. However, this Protocol shall not enter into force before the entry into force of the Convention.
2. For a State which deposits an instrument of ratification, acceptance or approval of this Protocol or of accession to it after the conditions governing its entry into force have been fulfilled, ratification, acceptance, approval Or accession takes effect ninety days after the date of filing.
1. This Protocol may be denounced by any of the States Parties at any time after the expiration of a period of one year from the date on which this Protocol enters into force with respect to that State.
2. Denunciation shall be effected by means of the deposit of an instrument of denunciation with the Secretary-General.
(3) Denunciation shall take effect one year after the date on which the Secretary-General has received the instrument of denunciation or upon the expiration of any longer period laid down in that instrument.
4. A denunciation of the Convention by a State Party shall be deemed to be a denunciation of this Protocol by that Party.
1. A conference may be convened by the Organization with a view to revising or amending this Protocol.
2. The Secretary-General shall convene a conference of the States Parties to this Protocol to revise or amend the Protocol, at the request of one third of the States Parties or of five States Parties, if the latter number is higher.
3. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to this Protocol shall be deemed to apply to the Protocol as amended.
This Protocol shall be deposited with the Secretary-General.
2. The Secretary-General:
3. Upon the entry into force of this Protocol, a certified copy shall be transmitted by the Depositary to the Secretary-General of the United Nations to be registered and published in accordance with art. 102 of the United Nations Charter 1 .
This Protocol shall be established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.
In witness whereof, The undersigned, duly authorized to that effect by their respective Governments, have signed this Protocol.
Done at Rome this 10th day of March, nine hundred and eighty-eight.
(Suivent signatures)
States Parties |
Ratification Accession (A) |
Entry into force |
||
Afghanistan |
23 September |
2003 A |
22 December |
2003 |
South Africa |
July 8 |
2005 A |
6 October |
2005 |
Albania |
19 June |
2002 A |
September 17 |
2002 |
Algeria |
30 June |
2006 A |
28 September |
2006 |
Germany |
6 November |
1990 A |
1 Er March |
1992 |
Andorra |
17 July |
2006 A |
15 October |
2006 |
Antigua and Barbuda |
12 October |
2009 A |
10 January |
2010 |
Saudi Arabia |
2 February |
2006 A |
3 May |
2006 |
Argentina |
26 November |
2003 |
24 February |
2004 |
Armenia |
8 June |
2005 A |
September 6 |
2005 |
Australia |
19 February |
1993 A |
20 May |
1993 |
Austria |
28 December |
1989 A |
1 Er March |
1992 |
Azerbaijan |
26 January |
2004 A |
April 25 |
2004 |
Bahamas |
25 October |
2005 |
23 January |
2006 |
Bahrain |
21 October |
2005 A |
19 January |
2006 |
Bangladesh |
9 June |
2005 A |
7 September |
2005 |
Barbados |
6 May |
1994 A |
August 4 |
1994 |
Belarus |
4 December |
2002 A |
March 4 |
2003 |
Belgium |
April 11 |
2005 |
10 July |
2005 |
Benin |
August 31 |
2006 A |
29 November |
2006 |
Bolivia |
13 February |
2002 A |
14 May |
2002 |
Bosnia and Herzegovina |
28 July |
2003 A |
26 October |
2003 |
Botswana |
September 14 |
2000 A |
13 December |
2000 |
Brazil * |
25 October |
2005 |
23 January |
2006 |
Brunei |
4 December |
2003 |
3 March |
2004 |
Bulgaria |
July 8 |
1999 |
6 October |
1999 |
Burkina Faso |
15 January |
2004 A |
April 14 |
2004 |
Cambodia |
August 18 |
2006 A |
16 November |
2006 |
Canada |
18 June |
1993 |
16 September |
1993 |
Cape Verde |
3 January |
2003 A |
3 April |
2003 |
Chile |
22 April |
1994 |
July 21 |
1994 |
China * |
August 20 |
1991 |
1 Er March |
1992 |
Cyprus |
2 February |
2000 A |
2 May |
2000 |
Comoros |
6 March |
2008 A |
4 June |
2008 |
Korea (South) |
10 June |
2003 |
8 September |
2003 |
Costa Rica |
25 March |
2003 |
23 June |
2003 |
Côte d' Ivoire |
23 March |
2012 A |
21 June |
2012 |
Croatia |
18 March |
2005 A |
16 November |
2005 |
Cuba * |
20 November |
2001 A |
18 February |
2002 |
Denmark * |
August 25 |
1995 |
23 November |
1995 |
Djibouti |
9 June |
2004 A |
7 September |
2004 |
Dominica |
12 October |
2004 A |
10 January |
2005 |
Egypt * |
8 January |
1993 |
April 8 |
1993 |
El Salvador |
7 December |
2000 A |
7 March |
2001 |
United Arab Emirates * |
September 15 |
2005 A |
14 December |
2005 |
Ecuador |
10 March |
2003 A |
8 June |
2003 |
Spain |
7 July |
1989 |
1 Er March |
1992 |
Estonia |
28 January |
2004 A |
April 27 |
2004 |
United States |
6 December |
1994 |
6 March |
1995 |
Fiji |
21 May |
2008 A |
19 August |
2008 |
Finland |
28 April |
2000 A |
27 July |
2000 |
France * |
2 December |
1991 |
1 Er March |
1992 |
Georgia |
1 Er August |
2006 A |
9 November |
2006 |
Ghana |
1 Er November |
2002 A |
30 January |
2003 |
Greece |
11 June |
1993 |
9 September |
1993 |
Grenada |
9 January |
2002 A |
April 9 |
2002 |
Guatemala |
26 August |
2009 A |
24 November |
2009 |
Guinea |
1 Er February |
2005 A |
2 May |
2005 |
Equatorial Guinea |
14 January |
2004 A |
13 April |
2004 |
Guinea-Bissau |
14 October |
2008 A |
12 January |
2009 |
Guyana |
30 January |
2003 A |
April 30 |
2003 |
Honduras |
17 May |
2005 A |
August 15 |
2005 |
Hungary |
9 November |
1989 |
1 Er March |
1992 |
Marshall Islands |
October 16 |
1995 A |
14 January |
1996 |
India |
15 October |
1999 A |
13 January |
2000 |
Iran * |
30 October |
2009 A |
28 January |
2010 |
Ireland |
10 September |
2004 A |
9 December |
2004 |
Iceland |
28 May |
2002 A |
26 August |
2002 |
Israel |
6 January |
2009 |
April 6 |
2009 |
Italy |
26 January |
1990 |
1 Er March |
1992 |
Jamaica * |
19 August |
2005 |
17 November |
2005 |
Japan |
24 April |
1998 A |
July 23 |
1998 |
Jordan |
July 2 |
2004 |
September 30 |
2004 |
Kazakhstan |
24 November |
2003 A |
24 February |
2004 |
Kenya |
21 January |
2002 A |
April 21 |
2002 |
Kiribati |
17 November |
2005 A |
February 16 |
2006 |
Kuwait |
30 June |
2003 A |
28 September |
2003 |
Laos |
20 March |
2012 A |
18 June |
2012 |
Lesotho |
25 June |
2013 A |
23 September |
2013 |
Latvia |
4 December |
2002 A |
March 4 |
2003 |
Lebanon |
16 December |
1994 A |
March 16 |
1995 |
Liberia |
5 October |
1995 |
3 January |
1996 |
Libya |
8 August |
2002 A |
6 November |
2002 |
Liechtenstein |
8 November |
2002 A |
February 6 |
2003 |
Lithuania |
30 January |
2003 A |
April 30 |
2003 |
Luxembourg |
5 January |
2011 A |
5 April |
2011 |
Macedonia |
August 5 |
2007 A |
5 November |
2007 |
Madagascar |
September 15 |
2006 A |
14 December |
2006 |
Malawi |
10 January |
2014 A |
10 April |
2014 |
Maldives |
25 February |
2014 A |
26 May |
2014 |
Mali |
29 April |
2002 A |
28 July |
2002 |
Malta |
20 November |
2001 A |
18 February |
2002 |
Morocco |
8 January |
2002 |
April 8 |
2002 |
Mauritius |
August 3 |
2004 A |
1 Er November |
2004 |
Mauritania |
17 January |
2008 |
April 16 |
2008 |
Mexico * |
13 May |
1994 A |
August 11 |
1994 |
Moldova * |
11 October |
2005 A |
9 January |
2006 |
Monaco |
25 January |
2002 A |
April 25 |
2002 |
Mongolia |
22 November |
2005 A |
20 February |
2006 |
Montenegro |
3 June |
2006 S |
3 June |
2006 |
Mozambique |
8 January |
2003 A |
April 8 |
2003 |
Myanmar |
19 September |
2003 A |
18 December |
2003 |
Namibia |
7 September |
2005 A |
6 December |
2005 |
Nauru |
August 11 |
2005 A |
9 November |
2005 |
Nicaragua |
4 July |
2007 A |
2 October |
2007 |
Niger |
August 30 |
2006 A |
28 November |
2006 |
Niue |
22 June |
2009 A |
September 20 |
2009 |
Norway |
18 April |
1991 |
1 Er March |
1992 |
New Zealand |
10 June |
1999 |
8 September |
1999 |
Oman |
24 September |
1990 A |
1 Er March |
1992 |
Uzbekistan |
September 25 |
2000 A |
24 December |
2000 |
Pakistan |
September 20 |
2000 A |
19 December |
2000 |
Palau |
4 December |
2001 A |
March 4 |
2002 |
Panama |
3 July |
2002 A |
1 Er October |
2002 |
Paraguay |
12 November |
2004 A |
10 February |
2005 |
Netherlands * |
March 5 |
1992 |
3 June |
1992 |
Peru |
19 July |
2001 A |
17 October |
2001 |
Philippines |
6 January |
2004 |
5 April |
2004 |
Poland |
25 June |
1991 |
1 Er March |
1992 |
Portugal |
5 January |
1996 A |
April 4 |
1996 |
Qatar |
18 September |
2003 A |
17 December |
2003 |
Dominican Republic |
August 12 |
2009 A |
10 November |
2009 |
Czech Republic |
10 December |
2004 |
10 March |
2005 |
Romania |
2 June |
1993 A |
August 31 |
1993 |
United Kingdom |
3 May |
1991 |
1 Er March |
1992 |
Isle of Man |
February 8 |
1999 |
7 May |
1999 |
Russia |
4 May |
2001 |
2 August |
2001 |
Saint Lucia |
20 May |
2004 A |
August 18 |
2004 |
Saint Vincent and the Grenadines |
9 October |
2001 A |
7 January |
2002 |
Sao Tome and Principe |
5 May |
2006 A |
August 3 |
2006 |
Senegal |
August 9 |
2004 A |
7 November |
2004 |
Serbia |
2 March |
2005 A |
May 31 |
2005 |
Seychelles |
24 January |
1989 |
1 Er March |
1992 |
Slovakia |
8 December |
2000 A |
8 March |
2000 |
Slovenia |
18 July |
2003 A |
October 16 |
2003 |
Sudan |
22 May |
2000 A |
August 20 |
2000 |
Sweden |
13 September |
1990 |
1 Er March |
1992 |
Switzerland |
12 March |
1993 |
10 June |
1993 |
Swaziland |
April 17 |
2003 A |
July 16 |
2003 |
Syria |
24 March |
2003 A |
22 March |
2003 |
Tajikistan |
August 12 |
2005 A |
10 November |
2005 |
Togo |
10 March |
2003 A |
8 June |
2003 |
Tonga |
6 December |
2002 A |
6 March |
2003 |
Trinidad and Tobago |
27 July |
1989 A |
1 Er March |
1992 |
Tunisia |
6 March |
1998 A |
4 June |
1998 |
Turkmenistan |
8 June |
1999 A |
September 6 |
1999 |
Turkey * |
6 March |
1998 |
4 June |
1998 |
Ukraine |
April 21 |
1994 |
July 20 |
1994 |
Uruguay |
10 August |
2001 A |
8 November |
2001 |
Vanuatu |
18 February |
1999 A |
19 May |
1999 |
Vietnam |
July 12 |
2002 A |
10 October |
2002 |
Yemen |
30 June |
2000 A |
28 September |
2000 |
* |
Reservations and declarations. Reservations and declarations are not published in the RO. English texts can be found at the International Maritime Organization (IMO) website: www.imo.org/ or obtained at DDIP/DFAE, International Treaty Section, 3003 Berne. |
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1 The Am. 14 Oct. 2005 (RS 0.747.711.1 ; RO 2010 3345 ) Are inserted in this text. These Am. Govern only the relations between the states that have ratified them. See therefore their own scope.
2 Art. 1 al. 1 let. B of the FY 28. 1992 (RO 1993 1909).
3 RS 0.747.71
4 RO 1993 1928 , 2002 3839, 2004 2755, 2005 4441, 2008 101, 2010 2297, 2014 765. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).