International Convention for the Suppression of Acts of Nuclear Terrorism
Parties with reservations, declarations and objections
Algeria
03-03-2011
The Government of the People’s Democratic Republic of Algeria does not consider itself
bound by the provisions of article 23, paragraph 1, of the International Convention
for the Suppression of Acts of Nuclear Terrorism.
The Government of the People’s Democratic Republic of Algeria declares that it deems
it essential in all cases that all parties to any dispute are in agreement over referring
the dispute to arbitration or to the International Court of Justice.
Argentina
08-04-2016
Pursuant to article 23, paragraph 2, the Republic of Argentina declares that it does
not consider itself bound by paragraph 1 of article 23 and, as a consequence, does
not recognize either the compulsory arbitration or the compulsory jurisdiction of
the International Court of Justice.
With regard to article 9, paragraph 3, the Argentine Republic declares that the jurisdictional
scope of its criminal law is set out in article 1 of the Argentine Criminal Code (Act
No. 11.729), which provides as follows:
‘This Code shall apply in respect of:
1. Offences committed or whose effects may be produced in the territory of the Argentine
Nation or in places subject to its jurisdiction;
2. Offences committed abroad by agents or employees of the Argentine authorities in
the performance of their duties.’
Accordingly, the Argentine Republic shall exercise jurisdiction over the offences
covered by article 9, paragraph 2, subparagraph (d), and over the offences covered
by paragraph 2, subparagraphs (a), (b) and (c), whenever they produce effects in the
territory of the Argentine Republic or in places subject to its jurisdiction, or when
committed abroad by agents or employees of the Argentine authorities in the performance
of their duties.
With respect to the offences mentioned in article 9, paragraph 2, subparagraph (e),
jurisdiction over them shall be exercised in accordance with the legal provisions
in force in the Argentine Republic. Account shall be taken in this regard of article
199 of the Argentine Aviation Code, which provides as follows:
Incidents caused, acts performed and offences committed in an Argentine private aircraft
over Argentine territory, its jurisdictional waters or where no State exercises sovereignty,
shall be governed by the laws of the Argentine Nation and shall be tried by its courts.
The Argentine courts shall also have jurisdiction and the laws of the Argentine Nation
shall also apply in the case of incidents caused, acts performed or offences committed
on board an Argentine private aircraft over foreign territory, where a legitimate
interest of the Argentine State or persons resident therein is harmed or where the
first landing subsequent to the incident, act or offence is made in the Argentine
Republic.’
Austria
02-03-2007
Bundesamt für Verfassungsschutz und Terrorismusbekämpfung (BTV)
(Federal Agency for State Protection and Counter Terrorism)
c/o Federal Ministry of the Interior
Herrengasse 7
A-1014 Vienna
Austria
Azerbaijan
15-09-2005
In accordance with paragraph 1 of Article 23 the Republic of Azerbaijan declares that
it does not consider itself bound by paragraph 1 of Article 23 of the Convention.
The Republic of Azerbaijan declares that it will be unable to guarantee compliance
with the provisions of the Convention in its territories occupied by the Republic
of Armenia until these territories are liberated from that occupation.
Objection Armenia, 22-09-2010
The Republic of Azerbaijan made a declaration on September 15, 2005 with regard to
the
International Convention for the Suppression of Acts of Nuclear Terrorism at the time
of signature and
confirmed when depositing the instrument of ratification. Given that the Republic
of Armenia declares:
The Republic of Azerbaijan deliberately misrepresents the essence of the Nagorno-Karabakh
issue, with respect to cause and effect of the conflict. The conflict arose due to
the policy of ethnic
cleansing by the Republic of Azerbaijan followed by the massive military aggression
against the selfdetermined Nagorno-Karabakh Republic - with the aim to repress the
free will of the Nagorno-Karabakh population. As a result, the Republic of Azerbaijan
has occupied several territories of the Nagorno- Karabakh Republic.
28-01-2009
Confirmation of reservation made upon signature:
In accordance with paragraph 2 of Article 23, the Republic of Azerbaijan declares
that it does not consider itself bound by paragraph 1 of Article 23 of the Convention.
Confirmation of declaration made upon signature:
The Republic of Azerbaijan declares that it will be unable to guarantee compliance
with the provisions of the Convention in its territories occupied by the Republic
of Armenia until these territories are liberated from that occupation.
Objection Armenia, 22-09-2010
The Republic of Azerbaijan made a declaration on September 15, 2005 with regard to
the International Convention for the Suppression of Acts ofNuclear Terrorism at the
time of signature and confirmed when depositing the instrument of ratification. Given
that the Republic of Armenia declares:
The Republic of Azerbaijan deliberately misrepresents the essence ofthe Nagorno-Karabakh
issue, with respect to cause and effect of the conflict. The conflict arose due to
the policy of ethnic cleansing by the Republic of Azerbaijan followed by the massive
military aggression against the selfdetermined Nagorno-Karabakh Republic - with the
aim to repress the free will ofthe Nagorno-Karabakh population. As a result, the Republic
of Azerbaijan has occupied several territories of the Nagorno-Karabakh Republic.
Bahrain
04-05-2010
The Kingdom of Bahrain does not consider itself bound by the provisions of article 23, paragraph 1, of this Convention.
Bangladesh
07-06-2007
Pursuant to Article 23, paragraph 2 of the Convention, [the] People's Republic of Bangladesh does not consider itself bound by the provisions of Article 23, paragraph 1 of the Convention.
Belarus
13-03-2007
Notification under article 7 (4)
The State Security Agency of the Republic of Belarus, the Prosecutor's Office of the
Republic of Belarus , the Ministry of the Interior of the Republic of Belarus, the
Ministry for Emergency Situations of the Republic of Belarus, the State Border Guard
Committee of the Republic of Belarus, the State Customs Committee of the Republic
of Belarus are the Competent authorities responsible for sending and receiving the
information refered to in article 7 of the Convention.
State Security Agency of the Republic of Belarus
17, Nezavisimosti av.,
220050, Minsk,
Republic of Belarus
tel: (+375 17) 219 92 21
fax: (+375 17) 226 00 38
Prosecutor's Office of the Republic of Belarus
22, Internacionalnaya str.,
220050, Minsk,
Republic of Belarus
tel: (+375 17) 227 31
fax: (+375 17) 226 42 52
Ministry of the Interior of the Republic of Belarus
4, Gorodskoy val str.,
220050, Minsk,
Republic of Belarus
tel: (+375 17) 218 78 95
Fax: (+375 17) 229 78 40
Ministry for Emergency Situations of the Republic of Belarus
5, Revolucionnaya str.,
220050, Minsk,
Republic of Belarus
tel: (+375 17) 203 88 00
Fax: (+375 17) 203 77 81
State Border Guard Committee of the Republic of Belarus
24, Volodarski str.,
220050, Minsk,
Republic of Belarus
tel: (+375 17) 206 54 06
fax: (+375 17) 227 70 03
State Customs Committee of the Republic of Belarus
45/1 Mogilevskaya str.,
220007, Minsk,
Republic of Belarus
tel: 218-90-00
fax: 218-91-97
Notification under article 9 (3)
The Republic of Belarus establishes its jurisdiction over the offences set forth in
article 2 in cases envisaged in paragraph 2 of article 9 of the Convention.
09-02-2012
Notification under article 7 (4)
The Investigation Committee of the Republic of Belarus was designated as a competent
authority and liaison point responsible for sending and receiving the information
referred to in the Article 7 of the International Convention in addition to prior
designated competent authorities of the Republic of Belarus.
Belgium
02-10-2009
The Kingdom of Belgium declares that the competent authorities and liaison points
designated in implementation of article 7, paragraph 4, are:
Agence fédérale de contrôle nucleaire/Federaal agentschap voor nucleaire controle
(Federal Agency for Nuclear Control)
Rue Ravenstein 36
B-1000 Brussels
Tel: +32 (02) 289.21.11
Fax: +32 (02) 289.21.12
Organe de coordination pour l'analyse de la menace/Coördinatieorgaan voor de dreigingsanalyse/Coordination
Unit for Threat Analysis
Rue de la Loi 62
B-1040 Brussels
Tel: +32 (02) 238.56.11
Fax: +32 (02) 217.57.29
Service Public Fédéral Interieur - Direction générale Centre de crise/Federale Overheidsdienst
Binnenlandse Zaken - Algemene Directie Crisiscentrum (Ministry of the Interior - Crisis
Centre)
Rue Ducale 53
B-1000 Brussels
Tel: +32 (02) 506.47.11
Fax: +32 (02) 506.47.09.
The Kingdom of Belgium declares that only nuclear materials and facilities containing
nuclear materials are covered by article 18, paragraph 1(b) and (c).
Canada
21-11-2013
The Government of Canada considers the application of Article 2 (4) (c) of the International Convention for the Suppression of Acts of Nuclear Terrorism to be limited to acts committed in furthering a conspiracy of two or more persons to commit a specific criminal offence contemplated in paragraph 1, 2, or 3 of Article 2.
Chile
27-09-2010
... the Government of Chile, ... informs that the competent authority ... for sending
and
receiving information referred to in this Article is :
La Comisión Chilena de Energía Nuclear
Dirección Ejecutiva
Amunátegui No 95
(56-2) 470 2500;
luis.ormazabal@cchen.cl
Santiago
Chile
China
08-11-2010
The People's Republic of China does not consider itself bound by paragraph 1 of article
23 of the Convention.
The Convention shall apply to the Macao Special Administrative Region of the People’s
Republic of China and, unless otherwise notified, shall not apply to the Hong Kong
Special Administrative Region of the People’s Republic of China.
In accordance with paragraph 3 of article 9 of the Convention, the People's Republic
of China has established the jurisdiction specified in paragraph 2 of article 9 of
the Convention.
Costa Rica
21-02-2013
Article 2 of the Act approving the Convention stipulates that "The Government of the
Republic of Costa Rica declares that it shall interpret, in respect of article 11,
paragraph 1, of the International Convention for the Suppression of Acts of Nuclear
Terrorism, that if extradition is not appropriate and the case is found to be time-barred,
the acts cannot be tried in national territory."
Article 3 of the Act approving the Convention establishes that "The Government of
Costa Rica affirms that article 15 of the Convention, in accordance with article 31
of the Political Constitution, shall be interpreted to mean that the State does not
relinquish its power to classify [an offence] in the specific case when a request
for extradition is reviewed."
Objection Netherlands, the Kingdom of the, 28-02-2014
The Government of the Kingdom of the Netherlands has carefully examined the interpretative
declaration made by Costa Rica upon ratification of the International Convention for
the Suppression of Acts of Nuclear Terrorism.
The Government of the Kingdom of the Netherlands considers that the interpretative
declaration made by Costa Rica regarding Article 15 of the Convention in substance
constitutes a reservation limiting the scope of the Convention.
The Government of the Kingdom of the Netherlands considers that with this reservation
the application of the Convention is made subject to national legislation in force
in Costa Rica.
The Government of the Kingdom of the Netherlands considers that reservations of this
kind must be regarded as incompatible with the object and purpose of the Convention
and would recall that, according to Article 19 (c) of the Vienna Convention on the
Law of Treaties, a reservation incompatible with the object and purpose of a treaty
shall not be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the reservation
of Costa Rica to Article 15 of the International Convention for the Suppression of
Acts of Nuclear Terrorism.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Costa Rica.
Côte d'Ivoire
25-10-2012
Article 9 (3):
The State of Côte d'Ivoire establishes its jurisdiction over the offences set forth
in article 9 (2).
Article 7 (4):
The competent authorities and liaison points responsible for sending information are:
1. Le Commandements Supérieur de la Gendarmerie;
2. La Direction Générale de la Police Nationale;
3. La Cellule Nationale de Traitement des Informations Financières (CENTIF).
Cuba
17-06-2009
The Republic of Cuba declares, pursuant to article 23, paragraph 2, that it does not
consider itself bound by the provisions of paragraph 1 of this article with respect
to the settlement of disputes arising between States Parties which, in its view, should
be resolved through amicable negotiations, and it also declares that it does not recognize
the compulsory jurisdiction of the International Court of Justice.
17-06-2009
The Republic of Cuba declares that nothing in article 4, paragraph 2, can be construed
as encouraging or condoning the use or threat of use of force in international relations
which should, in all circumstances, be strictly governed by the principles of international
law and the purposes and principles of the Charter of the United Nations.
Cuba also holds the view that the relations between States should be based on the
provisions of General Assembly resolution 2625 (XXV).
Furthermore, State terrorism has historically been a fundamental concern for Cuba,
which believes that its total eradication through mutual respect, friendly relations
and cooperation among States, and full respect for the principles of sovereignty,
territorial integrity, self-determination and non-interference in internal affairs
should constitute a priority for the international community.
Therefore, Cuba is firmly of the view that the improper use of the armed forces of
a State to commit aggression against another State is not countenanced by this Convention,
the purpose of which is specifically to combat one of the most deleterious scourges
facing the modern world.
To condone acts of aggression would effectively mean to condone breaches of international
law and the Charter, and to set off conflicts with unpredicatable consequences that
would undermine the necessary cohesion of the international community in the fight
against the real scourges afflicting the world.
Moreover, it is the understanding of the Republic of Cuba that the full extent of
the provisions of this Convention will apply to the activities conducted by the armed
forces of a state against another in the absence of an armed conflict between the
two.
Lastly, Cuba wishes to place on record that a United States naval base is located,
against the will of the Cuban people and Government, in the province of Guantanamo,
a portion of Cuban territory over which the Cuban State does not exercise its rightful
jurisdiction because of the unlawful occupation of such portion of its territory by
the United States of America. Consequently, the Government of Cuba assumes no responsibility
for that portion of its territory for the purposes of the Treaty, since it does not
know whether the United States of America has installed, possesses, maintains or intends
to install nuclear material, including nuclear weapons, on that portion of unlawfully
occupied Cuban territory.
Czech Republic
25-07-2006
In accordance with article 9, paragraph 3 of the Convention, the Czech Republic notifies
that it has established its jurisdiction over the offences set forth in article 2
of the Convention in cases referred to in article 9, subparagraph 2 (c) and 2 (d)
of the Convention.
....in accordance with article 7, paragraph 4 of the above-mentioned Convention, that
the competent authority and liaison point responsible for sending and receiving the
information refered to in article 7 of the Convention are:
Police of the Czech Republic
Organized Crime Detection Unit
Arms Traffic Division
P.O. Box 41 - V2
15680 Praha 5 - Zbraslav
Czech Republic
Tel.: + 420974842420
Fax: + 420974842596
e-mail: v2uuoz@mvcr.cz
24-hour phone service: - Operations Center: + 420974842690, + 420974842694
Cpt. Pavel Osvald: + 420603191064
Lt.Col. Jan Svoboda: + 420603190355
20-04-2009
The Permanent Mission of the Czech Republic to the United Nations, OSCE and other
International Organisations in Vienna presents its compliments to the United Nations
Office on Drugs and Crime and has the honour to refer to the Depositary Notification
Ref. C.N.647.2006.TREATIES-16 of 8 August 2006 containing, inter alia, the designation
of competent authorities of the Czech Republic responsible for sending and receiving
the information referred to in the article 7 of the International Convention for the
Suppression of Acts of Nuclear Terrorism of 13 April 2005.
The Permanent Mission of the Czech Republic to the United Nations, OSCE and other
International Organisations in Vienna has the honour to advise that the information
contained in the above notification needs to be partially actualized and revised.
Therefore, the Permanent Mission of the Czech Republic to the United Nations, OSCE
and other International Organisations in Vienna has the honour to inform, in accordance
with article 7, paragraph 4 of the International Convention for the Suppression of
Acts of Nuclear Terrorism of 13 April 2005, that the competent authority and liaison
point responsible for sending and receiving the information referred to in the article
7 of the Convention are:
Police of the Czech Republic
Organised Crime Detection Unit
Arms Traffic Division
P.O. Box 41 - V2
156 80 Praha 5 - Zbraslav
Czech Republic
Tel.: +420974842420
Fax: +420974842596
e-mail: v2uooz@mvcr.cz
Operations Center (24-hour phone service):
tel.: +420974842689, +420974842690, +420974842694
fax: +420974842586
Denmark
20-03-2007
...until further decision, the Convention shall not apply to the Faroe Islands and Greenland.
15-07-2016
Withdrawal of declaration relating to the territorial exclusion in respect of Greenland.
Egypt
20-09-2005
1. The Arab Republic of Egypt declares its commitment to article 4 of the Convention
provided that the armed forces of a State do not violate the rules and principles
of international law in the exercise of their duties under that article, and also
provided that the article is not interpreted as excluding the activities of armed
forces during an armed conflict from the scope of application of this Convention on
the grounds that the activities of States - under certain legal circumstances - are
not considered terrorist activities.
2. The Arab Republic of Egypt declares that it does not consider itself bound by paragraph
1 of article 23 of the Convention.
Objection Latvia, 06-12-2006
The Government of the Republic of Latvia has examined the reservation made by the
Arab Republic of Egypt to the International Convention on the Suppression of the Acts
of Nuclear Terrorism upon signature to the Convention regarding Article 4.
The Government of the Republic of Latvia is of the opinion that this reservation contradicts
to the objectives and purposes of the International Convention to suppress the acts
of nuclear terrorism wherever and by whomsoever they may be carried out.
The Government of the Republic of Latvia recalls that customary international law
as codified by Vienna Convention on the Law of Treaties, and in particular Article
19 (c), sets out that reservations that are incompatible with the object and purpose
of a treaty are not permissible.
The Government of the Republic of Latvia therefore objects to the aforesaid reservation
made by the Arab Republic of Egypt to the International Convention for the Suppression
of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the Convention
between the Republic of Latvia and the Arab Republic of Egypt. Thus, the International
Convention will become operative without the Arab Republic of Egypt benefiting from
its reservation.
Objection Italy, 27-03-2007
AThe Permanent Mission of Italy has the honor to refer to the reservation made by
the Arab
Republic of Egypt to article 4 of the Convention, which would extend the application
of the Convention
to include the armed forces of a State when they "violate the rules and principles
of international law in
the exercise of their duties." Such activities would otherwise be excluded from the
Convention by
article 4. It is the opinion of Italy that Egypt cannot unilaterally extend the obligations
of the other
States Parties under the Convention, without their express consent, beyond those set
out in the
Convention.
Italy wishes to make clear that it does not consent to this expansion of the scope
of application
of the Convention, and that it does not consider the Egyptian declaration to have
any effect on the
obligations of Italy under the Convention or on the application of the Convention
to the armed forces of
Italy.
Italy thus regards the unilateral declaration made by the Government of Egypt as applying
only to the obligations of Egypt under the Convention and only to the armed forces
of Egypt.
Objection Germany, 08-02-2008
... with regard to the reservation made by the Arab Republic of Egypt upon signature:
The Government of the Federal Republic of Germany has carefully examined the declaration,
described as a reservation, relating to article 4 ["paragraph 2 and paragraph 3"]
of the International Convention for the Suppression of Acts of Nuclear Terrorism made
by the Government of the Arab Republic of Egypt at the time of its ratification of
the Convention.
In this declaration the Government of the Arab Republic of Egypt declares its commitment
to article 4 of the Convention provided that the armed forces of a State do not violate
the rules and principles of international law in the exercise of their duties under
that article, and also provided that the article is not interpreted as excluding the
activities of armed forces during an armed conflict from the scope of application
of this Convention on the grounds that the activities of States - under certain legal
circumstances - are not considered terrorist activities.
However, article 4, paragraph 2, of the Convention states that the activities of armed
forces during an armed conflict, as those terms are understood under international
humanitarian law, which are governed by that law, as well as the activities undertaken
by military forces of a State in the exercise of their official duties, inasmuch as
they are governed by other rules of international law, are not governed by this Convention.
Moreover, and according to article 4, paragraph 3, the provisions of article 4, paragraph
2, shall not be interpreted as condoning or making lawful otherwise unlawful acts,
or precluding prosecution under other laws. The declaration by the Arab Republic of
Egypt thus aims to broaden the scope of the Convention.
The Government of the Federal Republic of Germany is of the opinion that the Government
of the Arab Republic of Egypt is only entitled to make such a declaration unilaterally
for its own armed forces, and it interprets the declaration as having binding effect
only on armed forces of the Arab Republic of Egypt. In the view of the Government
of the Federal Republic of Germany, such a unilateral declaration cannot apply to
the armed forces of other States Parties without their express consent. The Government
of the Federal Republic of Germany therefore declares that it does not consent to
the Egyptian declaration as so interpreted with regard to any armed forces other than
those of the Arab Republic of Egypt, and in particular does not recognize any applicability
of the Convention to the armed forces of the Federal Republic of Germany.
The Government of the Federal Republic of Germany also emphasizes that the declaration
by the Arab Republic of Egypt has no effect whatsoever on the Federal Republic of
Germany's obligations as State Party to the International Convention for the Suppression
of Acts of Nuclear Terrorism or on the Convention's applicability to armed forces
of the Federal Republic of Germany.
The Government of the Federal Republic of Germany regards the International Convention
for the Suppression of Acts of Nuclear Terrorism as entering into force between the
Federal Republic of Germany and the Arab Republic of Egypt subject to a unilateral
declaration made by the Government of the Arab Republic of Egypt, which relates exclusively
to the obligations of the Arab Republic of Egypt and to the armed forces of the Arab
Republic of Egypt.
El Salvador
27-11-2006
With reference to article 13 of this Convention, the Government of the Republic of El Salvador does not consider itself bound by the provisions of this article because it does not consider the Convention to be a legal basis for cooperation in extradition matters. Similarly, with reference to article 23 of the Convention, the Government of the Republic of El Salvador does not consider itself bound by the provisions of paragraph 1 of this article because it does not recognize the compulsory jurisdiction of the International Court of Justice.
France
17-09-2013
Article 7 (4)
Ministère de l'Écologie, du Développement durable, des Transports et du Logement
Service de Défense, de Sécurité et d'Intelligence économique
Arche Sud
92055 La Défense Cedex
Tel.: 0033140817908
Fax: 0033140818940
christian.riac@developpement-durable.gouv.fr
yves.souchet@developpement-durable.gouv.fr
Ministère des Affaires étrangères
37 Quai d'Orsay
F-75700 Paris 07SP
Tel.: 0033143175455
Fax: 0033143175410
Secretariat.dgp-asd-qa@diplomatie.gouv.fr
or:
Tel.: 0033153591100
Fax: 0033153591110
Gerard.tournier@diplomatie.gouv.fr
Qart-veille-cdc@diplomatie.gouv.fr
Article 9 (3)
Competence, as referred to in Article 9 of the Convention, is established under the
ratification
Act No. 2013-327 of the Convention of 19 April 2013.
Georgia
23-04-2010
.... the Government of Georgia makes reservation that it does not consider itself
bound by article 23, paragraph 1 of the International Convention for the Suppression
of Acts of Nuclear Terrorism to submit to arbitration disputes concerning the interpretation
or application of the Convention at the request of one of the State Party.
In accordance with article 9, paragraph 3 of the Convention, Georgia establishes its
jurisdiction over offences provided in article 9, paragraph 2, subparagraphs (a),
(b), (c) and (d) of the Convention;
In accordance with article 7, paragraph 4 of the Convention, Georgia designates as
the competent authority and liaison point:
Special Operations Center, the Ministry of Internal Affairs of Georgia
Vazha-Pshavela Ave N 72, Georgia 0186
Tel. +(995 32) 412382
Fax: +(995 32) 301029.
Germany
13-04-2005
...with reference to Article 9, paragraph 3 of the Convention, ...the Federal Republic
of Germany [makes] the following declaration:
German criminal law may be applicable in the situations specified in article 9, paragraph
2.
1. Article 9, paragraph 2 (a)
Whether German criminal law is applicable depends on the specific circumstances of
the individual case.
If offences under the Convention are committed against a German national abroad, German
criminal law is applicable in accordance with section 7 (1) of the Criminal Code,
provided the act is punishable at the place of its commission or the place of its
commission is not subject to any criminal jurisdiction.
If the objective or result of the offence is a relevant act within German territory,
section 9 of the Criminal Code may be applicable in certain cases. Pursuant to subsection
(1) of section 9, German criminal law is applicable if the perpetrator acted in Germany,
or if the result of his action is an element of the offence and occurs on German territory
or should occur there according to his understanding. Pursuant to subsection (2),
acts committed abroad by an accessory may also be covered if the principal act was
committed in Germany or should have been committed there according to the accessory's
understanding.
2. Article 9, paragraph 2 (b)
Here, too, whether German criminal law is applicable depends on the specific circumstances
of the individual case. German law may be applicable if one of the special circumstances
mentioned above with respect to subparagraph (a) or below with respect to subparagraph
(c) or (d) is given. In addition to those cases, German criminal law may also be applicable
pursuant to section 6, paragraph 9 of the Criminal Code in conjunction with the Convention
on the Prevention and Punishment of Crimes against Internationally Protected Persons,
including Diplomatic Agents, of 14 December 1973.
3. Article 9, paragraph 2 (c)
German criminal law is applicable pursuant to section 7 (2) paragraph 2, regardless
of the habitual residence of the stateless person, if he/she is found to be in Germany
and the act is punishable at the place of its commission or is not subject to any
criminal jurisdiction, if the perpetrator has not been extradited although the Extradition
Act would permit extradition for such an act, because a request for extradition was
not made within a reasonable period, has been rejected, or the extradition is not
practicable. German criminal jurisdiction is thus excluded for various types of offences,
in particular, minor offences, political offences and military offences (sections
3 (2) , 6 and 7 of the Act on International Legal Assistance in Criminal Matters respectively).
Stateless persons are foreigners within the meaning of section 7 (2) 2 of the Criminal
Code.
4. Article 9, paragraph 2 (d)
German criminal law is applicable pursuant to section 9 (1) of the Criminal Code,
if the compulsion is part of the result of the act, and such result is an element
of the crime.
5. Article 9, paragraph 2 (e)
Pursuant to section 4 of the Criminal Code, German criminal law is applicable to acts
committed in an aircraft which is entitled to fly the federal flag or the national
insignia of the Federal Republic of Germany (see also article 9, paragraph 1 (b),
of the Convention).
01-08-2008
[...] notification pursuant to article 7 (4) of the International Convention for the
Suppression of Acts of
Nuclear Terrorism as follows:
Bundeskriminalamt (BKA) (Federal Criminal Police Office)
Referat ST 23 (Division ST 23)
Paul-Dickopf-Str.2
D-53340 Meckenheim
Federal Republic of Germany
Contactability during working hours (from 7.30 hrs to 16.00 hrs on working days):
Referat ST 23
phone: +49 2225 89 22588/-23951; fax: +49 2225 89 45455
email: st23@bka.bund.de
Contactability outside working hours:
Kriminaldauerdienst (Permanent Criminal Police Service)
Phone: +49 2225 89 22042/-22043; fax: +49 611 5545424/-5545425
email: zd11kddmeckenheim@bka.bund.de.
Hungary
13-06-2007
According to Article 7 of the International Convention for Suppression of Acts of
Nuclear Terrorism,.... the Republic of Hungary hereby informs the Secretary-General
of the United Nations about the competent Hungarian authority and liaison point, as
follows:
International Law Enforcement Cooperation Centre
Message Response and International Telecommunication Division
Tel: + 36-1-443-5557
Fax: + 36-1-443-5815
email: intercom@orfk.police.hu
...the Republic of Hungary establishes its jurisdiction in cases mentioned in Article
9 (2) (b) and (e) of the Convention.
India
01-12-2006
India does not consider itself bound by the provision of Paragraph (1) of Article 23.
Indonesia
30-09-2014
The Government of the Republic of Indonesia does not consider itself bound by the
provision of Article 23 paragraph (1) of the Convention and takes the position that
any dispute relating to the interpretation or application of the Convention may only
be submitted to arbitration or to the International Court of Justice with the consent
of all the Parties to the dispute.
The Government of the Republic of Indonesia declares that Article 4 of this Convention
shall not be construed as supporting, encouraging, condoning, justifying or legitimizing
the use or the threat of use of nuclear weapons for any means or purposes.
Israel
29-03-2018
The Permanent Mission of Israel to the United Nations presents its compliments to
the Secretary-General of the United Nations, in his capacity as depositary of the
International Convention for the Suppression of Acts of Nuclear Terrorism, dated 13
April 2005, and has the honor to refer to the Palestinian request to accede to this
Convention (Reference number C.N.800.2017.TREATIESXVIII.15).
‘Palestine’ does not satisfy the criteria for statehood under international law and
lacks the legal capacity to join the aforesaid Convention both under general international
law and the terms of bilateral Israeli-Palestinian agreements.
The Government of Israel does not recognize ‘Palestine’ as a State, and wishes to
place on record, for the sake of clarity, its position that it does not consider ‘Palestine’
a party to the Convention and regards the Palestinian request for accession as being
without legal validity and without effect upon Israel’s treaty relations under the
Convention.
Italy
24-10-2016
... pursuant to article 7.4 of the Convention ... the competent authority and liaison
point responsible for sending and receiving the information referred to in the same
provision is:
Ministero della Giustizia, Dipartimento degli Affari di Giustizia
(Ministry of Justice, Department of Justice Affairs)
Jamaica
06-02-2014
The Government of Jamaica does not consider itself bound by the provisions of Paragraph
1 of Article 23 of the International Convention for the Suppression of Acts of Nuclear
Terrorism.
06-02-2014
In accordance with paragraph 4 of Article 7 of the Convention, the competent authorities
and liaison points responsible for sending and receiving the information referred
to in Article 7 on behalf of Jamaica are:
1. The Permanent Secretary
Ministry of National Security
North Towers, NCB Towers
2 Oxford Road
Kingston 5
Jamaica W.I
Phone: (876) 906-4908
Fax: (876) 754-3601
2. The Director General
The International Centre for Environmental and Nuclear Sciences
2 Anguilla Close
University of the West Indies, Mona Campus
Kingston 7
Jamaica W.I
Phone: (876) 935-8533; (876) 927-1777
Japan
03-08-2007
In accordance with paragraph 4 of Article 7 of the Convention, Japan hereby informs
... of its
competent authorities and liaison points, as follows:
Counter International Terrorism Division, Foreign Affairs and Intelligence Department,
Security Bureau, National Police Agency
tel: +81-3-3581-0141 (ext. 5961)
fax:: +81-3-3591-6919
Public Security Division, Criminal Affairs Bureau, Ministry of Justice
tel: +81-3-3592-7059
fax:: +81-3-3592-7066
International Nuclear Cooperation Division, Disarmament, Non-Proliferation and Science
Department, Foreign Policy Bureau, Ministry of Foreign Affairs
tel: +81-3-5501-8227
fax:: +81-3-5501-8230
Nuclear Safety Division, Science and Technology Policy Bureau, Ministry of Education,
Culture, Sports, Science and Technology
tel: +81-3-6734-4024 (primary), +81-90-3401-6962, +81-90-3346-8472
fax:: +81-3-5288-5031
International Affairs Office, Policy Planning and Coordination Division, Nuclear and
Industrial Safety Agency, Ministry of Economy, Trade and Industry
tel: +81-3-3501-1087
fax: +81-3-3580-8460
Technology and Safety Division, Policy Bureau, Ministry of Land, Infrastructure and
Transport
tel: +81-3-5253-8308
fax: + 81-3-5223-1560
In accordance with paragraph 3 of Article 9 of the Convention, Japan hereby also notifies
...
that, in accordance with paragraph 2 (2) and (3) of Article 3 of [Penal] Code of Japan,
it has established
its jurisdiction over the offences set forth in Article 2 of the Convention in the
case specified in
paragraph 2 (a) of Article 9 provided that such offences constitute murder, attempted
murder, bodily
injury and bodily injury resulting in death to Japanese nationals.
Kuwait
05-09-2013
Kuwait shall not be bound by the provisions set out in article 23, paragraph 1, concerning
submission of disputes to arbitration or to the compulsory jurisdiction of the International
Court of Justice.
The Ministry of Justice of the State of Kuwait is the central authority in respect
of the provisions of article 7, paragraph 4 of the Convention;
In accordance with article 9, paragraph 3, the State of Kuwait declares that it has
jurisdiction over the offences set out in article 9, paragraph 2 (a), (b), (c), (d)
and (e).
Latvia
25-07-2006
In accordance with paragraph 3 of the Article 9 of the Convention, the Republic of
Latvia notifies that it has established its jurisdiction over all the offences enumerated
in the paragraph 2 of the Article 9 of the Convention.
.....in accordance with paragraph 4 of the article 7 of the above-mentioned Convention,
the Republic of Latvia declares that the competent authority and liaison point responsible
for sending and receiving the information referred to in article 7 of the Convention
is:
Security Police
Kr. Barano Str. 99a,
Riga, LV-1012
Latvia
Phone: +371 7208964
Fax: +371 7273373
E-mail: dp@dp.gov.lv
Lithuania
19-07-2007
...whereas, it is provided in paragraph 3 of Article 9 of the Convention, the Seimas
of the Republic of Lithuania declares that the Republic of Lithuania establishes its
jurisdiction over the offences set forth in Article 2 of the Convention in all cases
specified in paragraph 2 of Article 9 of the Convention.
... whereas, it is provided in paragraph 4 of Article 7 of the Convention, the Seimas
of the Republic of Lithuania declares thet the competent authority responsible for
sending and receiving the information refered to in the present article is the State
Security Department (SSD) of the Republic of Lithuania.
The address of the State Security Department (SSD) of the Republic of Lithuania is:
Vytenio St. 1, LT-2009, Vilnius Republic of Lithuania. Phone/Fax: (+370 5) 2312602,
E-mail: vsd@commat;vsd.lt.
Malta
26-09-2012
In terms of article 9, Malta will exercise jurisdiction in terms of paragraph 2 (a),
(b), (d) and (e).
The Government of Malta shall not be bound by the provision of paragraph 1 of article
23 of this Convention.
Moldova
18-04-2008
Until the full re-establishment of the territorial integrity of the Republic of Moldova,
the provisions of the Convention will be applied only on the territory controlled
effectively by the authorities of the Republic of Moldova.
According to the Article 9 paragraph (3) of the Convention: the Republic of Moldova
declares that the offences specified in the Article 2 of the Convention are going
to be under its own jurisdiction in cases mentioned in the Article 9 paragraph (2)
of this Convention.
Montenegro
23-10-2006
[The Government of] ... the Republic of Montenegro decided to succeed to the treaties
to which the State Union of Serbia and Montenegro was a party or signatory.
[The Government of] ... the Republic of Montenegro succeeds to the treaties listed
in the attached Annex and undertakes faithfully to perform and carry out the stipulations
therein contained as from June 3rd 2006, which is the date the Republic of Montenegro
assumed responsibility for its international relations and the Parliament of Montenegro
adopted the Declaration of Independence.
[The Government of] ... the Republic of Montenegro does maintain the reservations,
declarations and objections made by Serbia and Montenegro, as indicated in the Annex
to this instrument, prior to the date on which the Republic of Montenegro assumed
responsibility for its international relations.
Morocco
31-03-2010
The Kingdom of Morocco does not consider itself bound by article 23, paragraph 1,
which provides that any dispute between two or more States Parties concerning the
interpretation or application of this Convention which cannot be settled through negotiation
or by other means may be referred to the International Court of Justice by application
of one of the concerned parties.
The Kingdom of Morocco declares that a dispute may be referred to the International
Court of Justice only by agreement of all concerned parties on a case-by-case basis.
Netherlands, the Kingdom of the
30-06-2010
The competent authority and liaison point for the Kingdom of the Netherlands, for
the Kingdom in Europe, is:
The National Public Prosecutor on Counter Terrorism,
National Public Prosecutor's Service
P.O. Box 395
3000 AJ Rotterdam
The Netherlands
Telephone: +31 (0)10-4966966
In accordance with Article 9, paragraph 3, and with reference to Article 9, paragraph
2, under a, of the Convention, the Kingdom of the Netherlands, for the Kingdom in
Europe, has established jurisdiction over the offences under the Convention when the
offence is committed against a Dutch national.
New Zealand
18-03-2016
[…] consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, [the ratification by New Zealand of this Convention] shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory […]
Nigeria
25-09-2012
Article 7 (4)
Nigerian Nuclear Regulatory Authority
Telephone Number: +234-705-571-7882
Fax: +234-805-210-0758
E-Mail: officialmail@nnra.gov.ng
Article 9 (3)
The Federal Republic of Nigeria establishes its jurisdiction in cases mentioned in
Article 9 (3).
Oman
21-10-2022
[...] with a reservation to Article 23 (1).
Palestine
18-03-2019
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.168.2018.TREATIES-XVIII.15,
dated 4 April 2018, conveying a communication of the United States of America regarding
the accession of the State of Palestine to the International Convention for the Suppression
of Acts of Nuclear Terrorism, 13 April 2005.
The Government of the State of Palestine regrets the position of the United States
of America and wishes to recall the United Nations General Assembly resolution 67/19
of 29 November 2012 according to which Palestine was accorded a ‘Non-member Observer
State status in the United Nations’. In this regard, Palestine is a State recognized
by the United Nations General Assembly on behalf of the international community.
As a State Party to the International Convention for the Suppression of Acts of Nuclear
Terrorism, 13 April 2005, which entered into force on 28 January 2018 for the State
of Palestine, the State of Palestine will exercise its rights and honor its obligations
with respect to all States Parties. The State of Palestine trusts that its rights
and obligations will be equally respected by its fellow States Parties.
18-03-2019
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.184.2018.TREATIES-XVIII.15,
dated 4 April 2018, conveying a communication of Israel regarding the accession of
the State of Palestine to the International Convention for the Suppression of Acts
of Nuclear Terrorism, 13 April 2005.
The Government of the State of Palestine regrets the position of Israel and wishes
to recall the United Nations General Assembly resolution 67/19 of 29 November 2012
according to which Palestine was accorded a ‘Non-member Observer State status in the
United Nations’. In this regard, Palestine is a State recognized by the United Nations
General Assembly on behalf of the international community.
As a State Party to the State of Palestine to the International Convention for the
Suppression of Acts of Nuclear Terrorism, 13 April 2005, which entered into force
on 28 January 2018 for the State of Palestine, the State of Palestine will exercise
its rights and honor its obligations with respect to all States Parties. The State
of Palestine trusts that its rights and obligations will be equally respected by its
fellow States Parties.
Poland
06-05-2010
.... the following entity has been designated, in accordance with Article 7 paragraph
4 of the
International Convention for the Suppression of Acts of Nuclear Terrorism, done at
New York on 13 April 2005, as a liaison point responsible for sending and receiving
information referred to in Article
7 of the Convention:
Centrum Antyterrorystyczne Agencji Bezpieczeñstwa Wewnêtrznego
(Anti-Terrorism Center of the Internal Security Agency)
00-993 Warszawa, ul. Rakowiecka 2a
Phone: +48 22 58 59 966
Fax: +48 22 58 57 178
E-mail: cat@abw.gov.pl
Qatar
15-01-2014
The State of Qatar does not consider itself bound by article 23, paragraph 1 of the Convention concerning referral to the International Court of Justice.
Romania
24-01-2007
In accordance with Article 9, paragraph 3 of the Convention, Romania declares that
it establishes its jurisdiction over the offences set forth in Article 2, in all cases
referred to in Article 9, paragraphs 1 and 2, in accordance with the applicable provisions
of the domestic law.
Russian Federation
29-01-2007
1) The Russian Federation declares that in accordance with paragraph 3 of article
9 of the Convention it has established its jurisdiction over the offences set forth
in article 2 of the Convention in cases envisaged in paragraphs 1 and 2 of article
9 of the Convention;
2) The position of the Russian Federation is that the provisions of article 16 of
the Convention should be implemented in such a way as to ensure the inevitability
of responsibility for the commission of offences falling within the scope of the Convention,
without detriment to the effectiveness of international cooperation on the questions
of extradition and legal assistance.
Saint Lucia
12-11-2012
1. In accordance with Article 23 paragraph 2 of the Convention, the Government of
Saint Lucia does not consider itself bound by the arbitration procedures established
under Article 13 paragraph 1 of the Convention.
2. That the explicit expressed consent of the Government of Saint Lucia would be necessary
for any submission of any dispute to arbitration o[r] to the International Court of
Justice.
Saint Vincent and the Grenadines
08-07-2010
...., in accordance with Article 23, paragraph 2 of that Convention, the Government of Saint Vincent and the Grenadines declares that Saint Vincent and the Grenadines does not consider itself bound by Article 23, paragraph 1, of the Convention. The Government of Saint Vincent and the Grenadines considers that for the submission of any dispute to arbitration or to the International Court of Justice in terms of Article 23, paragraph 1, the consent of all parties to the dispute is required in each case.
Saudi Arabia
07-12-2007
The Secretary-General of the United Nations is hereby notified that the Kingdom has
decided to establish the jurisdiction provided for in article 9, paragraph 2 of the
Convention.
The Kingdom hereby declares that it does not consider itself bound by article 23,
paragraph 1 of the Convention.
The Permanent Mission of Saudi Arabia wishes to convey also that the authorities to
contact in the Kingdom of Saudi Arabia regarding sending and receiving information
on article (7) of this convention are the Ministry of the Interior and the City of
King Abdulaziz for Science and Technology.
Singapore
02-08-2017
Reservation
Pursuant to Article 23, paragraph 2, of the Convention, the Republic of Singapore
declares that it does not consider itself bound by the provisions of Article 23, paragraph
1 of the Convention.
Declarations
1. The Republic of Singapore understands that the term 'armed conflict' in Article
4, paragraph 2, of the Convention does not include internal disturbances and tensions,
such as riots, isolated and sporadic acts of violence, and other acts of a similar
nature.
2. The Republic of Singapore understands that, under Article 4 and Article 1, paragraph
6, the Convention does not apply to:
a. the military forces of a state in the exercise of their official duties;
b. civilians who direct or organise the official activities of military forces of
a state; or
c. civilians acting in support of the official activities of the military forces of
a state, if the civilians are under the formal command, control, and responsibility
of those forces.
3. The Republic of Singapore understands Article 11, paragraph 1, of the Convention
to include the right of competent authorities to decide not to submit any particular
case for prosecution before the judicial authorities if the alleged offender is dealt
with under national security and preventive detention laws.
Slovakia
23-03-2006
Pursuant to article 9, paragraph 3, of the International Convention for the Suppression of Acts of Nuclear Terrorism, the Slovak Republic notifies that it has established its jurisdiction in accordance with article 9, paragraph 2, subparagraphs (c), (d) and (e) of the Convention.
Slovenia
13-01-2010
In accordance with Article 7 (4) of the International Convention for the Suppression
of Acts of Nuclear Terrorism, the Republic of Slovenia hereby communicates that the
organ competent for sending and receiving information pursuant to Article 7 of the
Convention is the Ministry of Interior of the Republic of Slovenia, General Police
Directorate, Criminal Police Directorate, International Police Cooperation Division.
In accordance with Article 9 (3) of the Convention, the Republic of Slovenia hereby
declares, that it has jurisdiction over all cases, defined in paragraphs 1 and 2 of
Article 9 of the Convention.
Sweden
18-08-2014
[I]n accordance with article7.4 of the International Convention for the Suppression
of Acts of Nuclear Terrorism [...] the competent authority for the purposes of article
7.4 is
National Bureau of Investigation
International Police Cooperation Division (IPO)
P.O. Box 12256
SE-102 26 Stockholm, Sweden
Phone: + 46-10-563 70 00
Fax: + 46-8-651 42 03
E-mail: ipo.rkp@pofisen.se
In accordance with article 9.3 of the International Convention for the Suppression
of Acts of Nuclear Terrorism [...], the jurisdiction established under article 9.2
follows from Chapter 2 of the Swedish Penal Code.
Chapter 2 of the Swedish Penal Code - On the Applicability of Swedish Law
(extract, unofficial translation)
Section 1
Crimes committed in this Realm shall be adjudged in accordance with Swedish law and
by a Swedish court. The same applies when it is uncertain where the crime was committed
but grounds exist for assuming that it was committed within the Realm.
Section 2
Crimes committed outside the Realm shall be adjudged according to Swedish law and
by a Swedish court where the crime has been committed:
1. by a Swedish citizen or an alien domiciled in Sweden,
2. by an alien not domiciled in Sweden who, after having committed the crime, has
become a Swedish citizen or has acquired domicile in the Realm or who is a Danish,
Finnish, Icelandic, or Norwegian citizen and is present in the Realm, or
3. by any other alien, who is present in the Realm, and the crime under Swedish Law
can result in imprisonment for more than six months.
The first paragraph shall not apply if the act is not subject to criminal responsibility
under the law of the place where it was committed or if it was committed within an
area not belonging to any state and, under Swedish law, the punishment for the act
cannot be more severe than a fine.
In cases mentioned in this Section, a sanction may not be imposed which is more severe
than the severest punishment provided for the crime under the law in the place where
it was committed.
[…]
Section 3
Even in cases other than those listed in Section 2, crimes committed outside the Realm
shall be adjudged according to Swedish law and by a Swedish court:
1. if the crime was committed on board a Swedish vessel or aircraft or was committed
in the course of duty by the officer in charge or a member of its crew,
2. if the crime was committed by a member of the Swedish Armed Forces in an area in
which a detachment of the Swedish Armed Forces was present, or if it was committed
by some other person in such an area and the detachment was present for a purpose
other than an exercise,
3. if the crime was committed in the course of duty outside the Realm by a person
employed in the Swedish Armed Forces and serving in an international military operation
or who belongs to the Swedish Police Peace Support Operations,
3 a. if the crime was committed in the line of duty outside the Realm and by a police
officer, a customs officer or an officer of the Swedish Coast Guard, who has transnational
assignments under an international agreement to which Sweden has adhered,
4. if the crime committed was a crime against the Swedish nation, a Swedish municipal
authority or other assembly, or against a Swedish public institution,
5. if the crime was committed in an area not belonging to any state and was directed
against a Swedish citizen, a Swedish association or private institution, or against
an alien domiciled in Sweden,
6. if the crime is hijacking, maritime or aircraft sabotage, airport sabotage, counterfeiting
currency, an attempt to commit such crimes, unlawful dealings with chemical weapons,
unlawful dealings with mines, false or careless statement before an international
court, terrorist offences in accordance with Section 2 of the Act on Criminal Responsibility
for Terrorist Offences (2003:148), an attempt to commit such crime, crimes mentioned
in Section 5 of the same act, an offence in accordance with the Act on criminal responsibility
for genocide, crimes against humanity and war crimes (2014:406), inciting rebellion
committed through direct and public incitement. to commit genocide or if the crime
was directed against the administration of justice of the International Criminal Court,
or
7. if the least severe punishment prescribed for the crime in Swedish law is imprisonment
for four years or more.
Section 3 a
Besides the cases described in Sections 1-3, crimes shall be adjudged according to
Swedish law and by a Swedish court in accordance with the provisions of the Act on
International Collaboration concerning Proceedings in Criminal Matters (1976:19).
Section 4
A crime is deemed to have been committed where the criminal act was perpetrated and
also where the crime was completed or, in the case of an attempt, where the intended
crime would have been completed.
Section 5
Prosecution for a crime committed within the Realm on a foreign vessel or aircraft
by an alien, who was the officer in charge or member of its crew or otherwise travelled
in it, against another alien or a foreign interest shall not be instituted without
the authority of the Government or a person designated by the Government.
Prosecution for a crime committed outside the Realm may be instituted only following
the authorization referred to in the first paragraph. However, prosecution may be
instituted without such an order if the crime consists of a false or careless statement
before an international court or if the crime was committed:
1. on a Swedish vessel or aircraft or by the officer in charge or some member of its
crew in the course of duty,
2. by a member of the Swedish Armed Forces in an area in which a detachment of the
Swedish Armed Forces was present,
3. in the course of duty outside the Realm by a person employed in the Swedish Armed
Forces and serving in an international military operation or who belongs to the Swedish
Police Peace Support Operations,
4. in the line of duty outside the Realm by a police officer, a customs officer or
an officer of the Swedish Coast Guard, who has transnational assignments under an
international agreement to which Sweden has adhered,
5. in Denmark, Finland, Iceland or Norway or on a vessel or aircraft in regular commerce
between places situated in Sweden or one of the said states, or
6. by a Swedish, Danish, Finnish, Icelandic or Norwegian citizen against a Swedish
interest.
Switzerland
15-10-2008
In accordance with article 7, paragraph 4, of the International Convention for the
Suppression of Acts of Nuclear Terrorism, Switzerland hereby declares that the competent
authority responsible for sending and receiving the information referred to in article
7 is the Central Engagement Department of the Federal Police Office, Nussbaumstrasse
29, CH - 3003 Berne, telephone no. +41 31 322 44 50, fax no. +41 31 322 53 04;
In accordance with article 9, paragraph 3, of the International Convention for the
Suppression of Acts of Nuclear Terrorism, Switzerland hereby declares that it establishes
its criminal jurisdiction in respect of the offences set forth in article 2 of the
Convention in the cases specified in article 9, paragraph 2 (a), (b), (d) and (e)
thereof. With respect to article 9, paragraph 2 (c), jurisdiction is established where
the offender is present in Switzerland or is extradited to Switzerland... .
Tajikistan
29-06-2022
[The] Republic of Tajikistan does not accept the provisions of paragraph 1 of Article
23 of this Convention.
Thailand
02-05-2019
The Government of the Kingdom of Thailand […] declares that, in accordance with paragraph 2 of Article 23 of the Convention, the Kingdom of Thailand does not consider itself bound by paragraph 1 of the same Article.
Türkiye
14-09-2005
It is the understanding of the Republic of Turkey that the term international humanitarian
law in Article 4(2) of the International Convention for the Suppression of Acts of
Nuclear Terrorism, refers to the legal instruments to which Turkey is already party
to. The Article should not be interpreted as giving a different status to the armed
forces and groups other than the armed forces of a state as currently understood and
applied in international law and thereby creating new obligation for the Republic
of Turkey.
Pursuant to Article 23(2) of the Convention, the Government of the Republic of Turkey
declares that it does not consider itself bound by article 23(1) of the Convention.
Objection Latvia, 22-12-2006
The Government of the Republic of Latvia has examined the reservation and declaration
made by the Republic of Turkey to the International Convention on the Suppression
of the Acts of Nuclear Terrorism upon signature to the Convention regarding Article
4 (2).
The Government of the Republic of Latvia is of the opinion that this declaration is
in fact unilateral act that is deemed to limit the scope of the Convention and therefore
should be regarded as reservation. Thus, this reservation contradicts to the objectives
and purposes of the Convention on the suppression the commitment of the acts of nuclear
terrorism wherever and by whomsoever they may be carried out.
Moreover, the Government of the Republic of Latvia considers that the reservation
named as a declaration conflicts with the terms of Article 4 (1).
Therefore, the Government of the Republic of Latvia is of the opinion that this declaration
reservation contradicts to the objectives and purposes of the International Convention
to suppress the acts of nuclear terrorism wherever and by whomsoever they might be
carried out.
The Government of the Republic of Latvia recalls that customary international law
as codified by Vienna Convention on the Law of Treaties, and in particular Article
19 (c), sets out that reservations that are incompatible with the object and purpose
of a treaty are not permissible.
The Government of the Republic of Latvia therefore objects to the aforesaid reservation
named as declaration made by the Republic of Turkey to the International Convention
on the Suppression of the Acts of Nuclear Terrorism.
However, this objection shall not preclude the entry into force of the Convention
between the Republic of Latvia and the Republic of Turkey. Thus, the International
Convention will become operative without the Republic of Turkey benefiting from its
reservation.
24-09-2012
It is the understanding of the Republic of Turkey that the term international humanitarian
law in article 4(2) of the International Convention for the Suppression of Acts of
Nuclear Terrorism, refers to the legal instruments to which Turkey is already party
to. The Article should not be interpreted as giving a different status to the armed
forces and groups other than the armed forces of a state as currently understood and
applied in international law and thereby creating new obligations for Turkey.
Pursuant to Article 23(2) of the Convention, the Government of the Republic of Turkey
declares that it does not consider itself bound by Article 23(1) of the Convention.
Objection Netherlands, the Kingdom of the, 20-09-2013
The Government of the Kingdom of the Netherlands has carefully examined the interpretative
declaration made by the Republic of Turkey upon ratification of the International
Convention for the Suppression of Acts of Nuclear Terrorism.
The Government of the Kingdom of the Netherlands considers that this interpretative
declaration in fact constitutes a reservation restricting the scope of the term international
humanitarian law as formulated in article 4 (2) of the Convention to conventional
law in force for the Republic of Turkey.
By the present declaration the Government of the Kingdom of the Netherlands would
like to recall that the term international humanitarian law as formulated in the above
mentioned article refers to both conventional and customary international humanitarian
law.
Objection Finland, 20-09-2013
The Government of Finland has carefully examined the contents of the declaration and
is of the view that this declaration amounts to a reservation as it seems to modify
the obligations of the Republic of Turkey under article 4(2) of the Convention. According
to the declaration, the term international humanitarian law is interpreted as only
referring to the legal instruments which Turkey is already party to. This interpretation
unilaterally alters the definition of international humanitarian law by excluding
customary international law from the scope of international humanitarian law. The
declaration also contradicts article 4(1) of the Convention.
The Government of Finland wishes to recall that according to customary international
law, as
codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the treaty is not permitted. In its present formulation,
the reservation relating to article 4(2) is in contradiction with the object and purpose
of the Convention.
Therefore, the Government of Finland objects to the reservation relating to article
4(2) made by the Republic of Turkey. This objection does not preclude the entry into
force of the Convention between Finland and the Republic of Turkey. The Convention
will thus become operative between the two States without the Republic of Turkey benefitting
from its reservation.
Objection Czech Republic, 23-09-2013
The Government of the Czech Republic has examined the declaration made by the Republic
of Turkey upon ratification of the International Convention for the Suppression of
Acts of Nuclear Terrorism, in which the Republic of Turkey declares its understanding
that the term international humanitarian law in article 4(2) of the International
Convention for the Suppression of Acts of Nuclear Terrorism refers to the legal instruments
to which Turkey is already party to.
In reaction to this declaration, the Czech Republic would like to express its understanding
that the term international humanitarian law in article 4(2) of the International
Convention for the Suppression of Acts of Nuclear Terrorism refers to the relevant
legal instruments binding on the States Parties to the Convention, as well as to the
customary international humanitarian law, which shall continue to apply as such among
all States Parties to the Convention.
Ukraine
20-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above [Convention], as applied to the aforementioned occupied and uncontrolled
territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the [Convention] regarding the possibility of direct communication
or interaction do not apply to the territorial organs of Ukraine in the Autonomous
Republic of Crimea and the city of Sevastopol, as well as in certain districts of
the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control
of Ukraine. The procedure of the relevant communication is determined by the central
authorities of Ukraine in Kyiv.
04-03-2022
… Ukraine … is unable to guarantee full implementation of its obligations [under the above Convention] due to the Armed aggression of the Russian Federation and with the imposition of martial law until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of Ukraine.
20-11-2023
[The aforementioned treaty is] implemented on the territory of Ukraine in full, with
the exception of the territories where hostilities are (were) conducted, or temporarily
occupied by the Russian Federation, on which it is impossible to fully guarantee the
Ukrainian Party’s fulfillment of its obligations under [this treaty] as a result of
the armed aggression of the Russian Federation against Ukraine, as well as the introduction
of martial law on the territory of Ukraine until the complete cessation of encroachment
on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text ...
United Arab Emirates
10-01-2008
.... the United Arab Emirates, having considered the text of the aforementioned Convention and approved the contents thereof, formally declares its accession to the Convention, subject to a reservation with regard to Article 23, paragraph 1 in respect of arbitration. The United Arab Emirates therefore does not consider itself bound by Article 23, paragraph 1 of the Convention.
United States of America
30-09-2015
Pursuant to Article 23(2) of the Convention, the United States of America declares
that it does not consider itself bound by Article 23(1) of the Convention.
(1) The United States of America understands that the term “armed conflict” in Article
4 of the Convention does not include situations of internal disturbances and tensions,
such as riots, isolated and sporadic acts of violence, and other acts of a similar
nature.
(2) The United States of America understands that the term “international humanitarian
law” in Article 4 of the Convention has the same substantive meaning as the law of
war.
(3) The United States of America understands that, pursuant to Article 4 and Article
1(6), the Convention does not apply to: (a) the military forces of a State, which
are the armed forces of a State organized, trained, and equipped under its internal
law for the primary purpose of national defense or security, in the exercise of their
official duties; (b) civilians who direct or organize the official activities of military
forces of a State; or (c) civilians acting in support of the official activities of
the military forces of a State, if the civilians are under the formal command, control,
and responsibility of those forces.
(4) The United States of America understands that current United States law with respect
to the rights of persons in custody and persons charged with crimes fulfills the requirement
in Article 12 of the Convention and, accordingly, the United States does not intend
to enact new legislation to fulfill its obligations under this Article.
29-03-2018
The United States Mission to the United Nations presents its compliments to the Executive
Office of the Secretary-General of the United Nations and refers to the U.N. Secretary-General’s
depositary notification C.N.800.2017.TREATIES-XVIII.15, dated January 2, 2018, regarding
the purported accession of the ‘State of Palestine’ to the International Convention
for the Suppression of Acts of Nuclear Terrorism, done at New York April 13, 2005
(the Convention), for which the Secretary-General of the United Nations is the depositary.
The Government of the United States of America does not believe the ‘State of Palestine’
qualifies as a sovereign State and does not recognize it as such. Accession to the
Convention is limited to sovereign States. Therefore, the Government of the United
States of America believes that the ‘State of Palestine’ is not qualified to accede
to the Convention and affirms that it will not consider itself to be in a treaty relationship
with the ‘State of Palestine’ under the Convention.
Uzbekistan
29-04-2008
1) to paragraph 4 of Article 7 of the Convention: The Republic of Uzbekistan notifies
that National Security Service of the Republic of Uzbekistan is pointed as the competent
authority, responsible for sending and receiving the information referred to in the
article 7 of the Convention;
2) to paragraph 3 of Article 9 of the Convention: The Republic of Uzbekistan notifies
that it has established jurisdiction over criminal acts recognized under Article 2
of the Convention, in the cases described in paragraphs 1 and 2 of Article 9 of the
Convention;
3) to Article 16 of the Convention: The Republic of Uzbekistan proceeds from the fact
that the provisions of Article 16 of the Convention should be applied in such a way
as to ensure the inevitability of responsibility for the crimes falling within the
scope of the Convention, without prejudice to the effectiveness of international cooperation
on extradition and legal assistance;
4) to paragraph 2 of Article 23 of the Convention: The Republic of Uzbekistan declares
that it does not consider itself bound by the provisions of paragraph 1 of article
23 of the Convention.
Vietnam
23-09-2016
1. The Socialist Republic of Viet Nam shall not take this Convention as the direct
legal basis for extradition. The Socialist Republic of Viet Nam shall carry out extradition
in accordance with the provisions of its domestic laws and regulations, on the basis
of treaties on extradition and the principle of reciprocity.
2. The Socialist Republic of Viet Nam does not consider itself bound by paragraph
1 of Article 23 of the Convention;
Yemen
13-10-2014
(...) We declare our final approval and ratification of the abovementioned Convention,
as well as the full compliance with all its provisions; with the reservation to paragraph
(1) of Article (23) of the convention. (...)