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Verdrag tot bestrijding van wederrechtelijke gedragingen gericht tegen de veiligheid van de zeevaart

Geldig vanaf 30 mei 2011
Geldig vanaf 30 mei 2011

Verdrag tot bestrijding van wederrechtelijke gedragingen gericht tegen de veiligheid van de zeevaart

Opschrift

[Tekst geldig vanaf 30-05-2011]

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

Preambule

The States Parties to this Convention,

Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly relations and co-operation among States,

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

Deeply concerned about the world-wide escalation of acts of terrorism in all its forms, which endanger or take innocent human lives, jeopardize fundamental freedoms and seriously impair the dignity of human beings,

Considering that unlawful acts against the safety of maritime navigation jeopardize the safety of persons and property, seriously affect the operation of maritime services, and undermine the confidence of the peoples of the world in the safety of maritime navigation,

Considering that the occurrence of such acts is a matter of grave concern to the international community as a whole,

Being convinced of the urgent need to develop international co-operation between States in devising and adopting effective and practical measures for the prevention of all unlawful acts against the safety of maritime navigation, and the prosecution and punishment of their perpetrators,

Recalling resolution 40/61 of the General Assembly of the United Nations of 9 December 1985 which, inter alia, "urges all States unilaterally and in co-operation with other States, as well as relevant United Nations organs, to contribute to the progressive elimination of causes underlying international terrorism and to pay special attention to all situations, including colonialism, racism and situations involving mass and flagrant violations of human rights and fundamental freedoms and those involving alien occcupation, that may give rise to international terrorism and may endanger international peace and security",

Recalling further that resolution 40/61 "unequivocally condemns, as criminal, all acts, methods and practices of terrorism wherever and by whomever committed, including those which jeopardize friendly relations among States and their security",

Recalling also that by resolution 40/61, the International Maritime Organization was invited to "study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures",

Having in mind resolution A.584(14) of 20 November 1985, of the Assembly of the International Maritime Organization, which called for development of measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crews,

Noting that acts of the crew which are subject to normal shipboard discipline are outside the purview of this Convention,

Affirming the desirability of monitoring rules and standards relating to the prevention and control of unlawful acts against ships and persons on board ships, with a view to updating them as necessary, and, to this effect, taking note with satisfaction of the Measures to Prevent Unlawful Acts against Passengers and Crews on Board Ships, recommended by the Maritime Safety Committee of the International Maritime Organization,

Affirming further that matters not regulated by this Convention continue to be governed by the rules and principles of general international law,

Recognizing the need for all States, in combating unlawful acts against the safety of maritime navigation, strictly to comply with rules and principles of general international law,

Have agreed as follows:

Article 1

1.

For the purposes of this Convention:

  1. “ship” means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft.

  2. “transport” means to initiate, arrange or exercise effective control, including decision-making authority, over the movement of a person or item.

  3. “serious injury or damage” means:

    1. (i)

      serious bodily injury; or

    2. (ii)

      extensive destruction of a place of public use, State or government facility, infrastructure facility, or public transportation system, resulting in major economic loss; or

    3. (iii)

      substantial damage to the environment, including air, soil, water, fauna, or flora.

  4. “BCN weapon” means:

    1. (i)

      “biological weapons”, which are:

      1. (1)

        microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; or

      2. (2)

        weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict.

    2. (ii)

      “chemical weapons”, which are, together or separately:

      1. (1)

        toxic chemicals and their precursors, except where intended for:

        1. (A)

          industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; or

        2. (B)

          protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons; or

        3. (C)

          military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or

        4. (D)

          law enforcement including domestic riot control purposes,

        as long as the types and quantities are consistent with such purposes;

      2. (2)

        munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (ii)(1), which would be released as a result of the employment of such munitions and devices;

      3. (3)

        any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (ii)(2).

    3. (iii)

      nuclear weapons and other nuclear explosive devices.

  5. “toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.

  6. “precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. This includes any key component of a binary or multicomponent chemical system.

  7. “Organization” means the International Maritime Organization (IMO).

  8. “Secretary-General” means the Secretary-General of the Organization.

2.

For the purposes of this Convention:

  1. the terms “place of public use”, “State or government facility”, “infrastructure facility”, and “public transportation system” have the same meaning as given to those terms in the International Convention for the Suppression of Terrorist Bombings, done at New York on 15 December 1997; and

  2. the terms “source material” and “specific fissionable material” have the same meaning as given to those terms in the Statute of the International Atomic Energy Agency (IAEA), done at New York on 26 October 1956.

Article 2

Article 2bis

Article 3

Article 3bis

Article 3ter

Article 3quater

Article 4

Article 5

Article 5bis

Article 6

Article 7

Article 8

Article 8bis

Article 9

Article 10

Article 11

Article 11bis

Article 11ter

Article 12

Article 12bis

Article 13

Article 14

Article 15

Article 16

Article 16bis. Final clauses of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

ANNEX

Verdrag tot bestrijding van wederrechtelijke gedragingen gericht tegen de veiligheid van de zeevaart

Preambule

Artikel 1

Artikel 2

Artikel 2bis

Artikel 3

Artikel 3bis

Artikel 3ter

Artikel 3quater

Artikel 4

Artikel 5

Artikel 5bis

Artikel 6

Artikel 7

Artikel 8

Artikel 8bis

Artikel 9

Artikel 10

Artikel 11

Artikel 11bis

Artikel 11ter

Artikel 12

Artikel 12bis

Artikel 13

Artikel 14

Artikel 15

Artikel 16

Artikel 16bis. Slotbepalingen van het Verdrag tot bestrijding van wederrechtelijke gedragingen gericht tegen de veiligheid van de zeevaart van 2005

Artikel 17

Artikel 18

Artikel 19

Artikel 20

Artikel 21

Artikel 22

Bijlage