Decree of the Minister for Foreign Affairs No. 36 / 1988 Coll.
Decree of the Minister for Foreign Affairs on the International Convention against the Taking of Hostage
Valid
Effective from 26.02.1988
36
DECLARATION
Minister for Foreign Affairs
of 7 March 1988
concerning the International Convention against the Taking of Hostage
On 17 December 1979, the International Convention against the Taking of Hostage was adopted in New York.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and the Charter on the Access of the Czechoslovak Socialist Republic to the International Convention against the Taking of Hostage was deposited with the Secretary-General of the United Nations, the depositary of the Convention, on 27 January 1988, subject to the condition that the Czechoslovak Socialist Republic does not feel bound by the provisions of Article 16 (1) of the Convention, and declares, in accordance with the principle of sovereign equality of States, that in any event the arbitration or the International Court of Justice is required to give its consent to all parties to the dispute.
The Convention entered into force on 3 June 1983 pursuant to Article 18 (1) thereof. For the Czechoslovak Socialist Republic, it entered into force on 26 February 1988 in accordance with its Article 18 (2).
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
INTERNATIONAL CONVENTION
against taking hostages
States Parties to this Convention,
having regard to the objectives and principles of the United Nations Charter on the conservation of international peace and security and the promotion of friendly relations and cooperation between states,
recognising in particular that everyone has the right to life, freedom and personal security as laid down in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,
reaffirming the principle of equality of nations and their right to self-determination, as enshrined in the Charter of the United Nations and in the Declaration of International Law on Friendly Relations and Cooperation between States in accordance with the Charter of the United Nations and in other relevant resolutions of the General Assembly,
taking into account that hostage taking is a serious criminal offence for the international community and that, in accordance with the provisions of this Convention, any person who commits an act of hostage taking must be prosecuted or extradited,
Believing that it is urgently necessary to develop international cooperation between States in the development and adoption of effective measures to prevent, prosecute and punish all acts of taking hostages as manifestations of international terrorism,
agree on the following:
1. The criminal offence of taking hostages within the meaning of this Convention shall be committed by any person who captures or detains another person (hereinafter referred to as "the hostage ') and threatens to kill, harm or further detention in order to force a third party, whether a State, an international intergovernmental organisation, a natural or legal person or a group of persons, to take any action or to refrain from any act as an express or indirect condition for the release of the hostage.
2. Any person who:
(a) attempt to commit an act of taking hostages; or
(b) participate as an accessory to anyone who commits or attempts to commit an act of taking hostages,
a criminal offence shall also be committed for the purposes of this Convention.
Any State party to this Convention shall include the offences referred to in Article 1 in its criminal law and shall provide for appropriate penalties to take account of the seriousness of those offences.
1. A State which is a party to this Convention and within the territory of which the hostage is held by the perpetrator shall take all measures it considers appropriate to facilitate the situation of the hostage, in particular to ensure that the hostage is released, and, where appropriate, to facilitate his departure.
2. If any object acquired by the offender as a result of taking hostages is held by a State Party, that State shall return it as soon as possible to the hostage or, as the case may be, to the third party referred to in Article 1 or to its competent authorities.
States Parties to this Convention shall cooperate in preventing the offences referred to in Article 1, in particular:
(a) taking all practical measures to prevent, in their own territory, preparation for the commission of such offences in their territory or outside their territory, including measures to prohibit or participate in the illegal activities of persons, groups and organisations which encourage, encourage, organise acts of hostage taking;
(b) exchange of information and coordination when taking administrative and other measures to prevent such offences as necessary.
1. Each State Party shall take the measures necessary to establish its jurisdiction in the case of any of the offences referred to in Article 1 which has been committed:
(a) on its territory or on board a ship or aircraft registered in that State;
(b) any of its national citizens or, if the State considers it competent, those stateless persons who have their habitual residence in its territory;
(c) to force that State to act or to refrain from acting; or
(d) against a hostage who is a national of that State if that State considers it appropriate to adopt measures.
2. Any State Party to this Convention shall also take the necessary measures to establish its jurisdiction in the case of offences referred to in Article 1 in cases where the alleged offender is located in its territory and does not extradite him to any of the States referred to in paragraph 1 of this Article.
3. This Convention shall not exclude criminal jurisdiction exercised in accordance with national law.
1. If any State which is a party to this Convention and in whose territory the alleged offender is located is convinced that the circumstances justify it, it shall, in accordance with its laws, take him into custody or take other measures to ensure that he is present for as long as is necessary to initiate criminal or extradition proceedings. That State, which is a party to this Convention, shall immediately conduct a preliminary investigation into the facts.
2. Entry into custody or other measures referred to in paragraph 1 of this Article shall be notified without delay either directly or through the Secretary-General of the United Nations.
(a) the State where the offence was committed;
(b) the State against which the pressure was aimed or against which the attempt at pressure was directed;
(c) a State whose national citizen is a natural or legal person against whom the pressure has been directed or against whom the attempt at pressure has been directed;
(d) the State of which the national citizen is a hostage or in whose territory he is habitually resident;
(e) a State whose national citizen is the alleged perpetrator or, in the case of a stateless person in whose territory he is habitually resident;
(f) an international intergovernmental organisation against which pressure has been directed or against which there has been an attempt at pressure;
(g) all other States concerned.
3. Any person against whom the measures referred to in paragraph 1 of this Article are taken shall be entitled:
(a) without delay be in contact with the nearest competent representative of the State of which he is a national or a State which is otherwise entitled to establish such a link or, in the case of a stateless person, the State in whose territory he is habitually resident;
(b) accept a visit from a representative of that State.
4. The rights referred to in paragraph 3 of this Article shall be exercised in accordance with the laws and regulations of the State in whose territory the alleged offender is located, provided that those laws and regulations fully enable the purpose for which the rights provided under paragraph 3 of this Article were intended to be achieved.
5. The provisions of paragraphs 3 and 4 of this Article shall not prejudice the rights of any State which is a party to this Convention and which exercises jurisdiction in accordance with paragraph 1 of Article 5, to ask the International Committee of the Red Cross to be associated with and to visit the suspected perpetrator.
6. The State which carries out the preliminary investigation referred to in paragraph 1 of this Article shall immediately notify its results to the States or to the organisation referred to in paragraph 2 of this Article and shall notify whether it intends to exercise jurisdiction.
A State which is a party to this Convention and in which the alleged offender is prosecuted shall, in accordance with its laws, notify the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit information to the other States concerned and to the international intergovernmental organisations concerned.
1. A State which is a party to this Convention and on the territory of which the alleged offender is apprehended shall, unless it issues it without any exception and whether or not the offence was committed on its territory, submit the case to its competent authorities for prosecution in accordance with its laws. Those authorities shall take decisions on the basis of the rule of law of their State in the same way as in the case of another serious offence.
2. Any person in respect of whom proceedings are conducted in connection with any of the offences referred to in Article 1 shall be granted fair treatment at all stages of the proceedings, including all rights and guarantees provided by the law of the State in whose territory he is situated.
1. A request for the extradition of an alleged offender under this Convention shall not be granted if the requested State which is a party to this Convention has serious grounds for believing:
(a) that the application for extradition for the offence referred to in Article 1 has been made for the purpose of prosecuting or punishing a person for his or her race, religion, nationality, ethnic origin or political beliefs; or
(b) that the status of a person may be predictated:
(i) for any reason referred to in subparagraph (a) of this paragraph; or
(ii) because the contact between the competent authorities of the State authorised to exercise the right of protection with that person is not ensured.
2. As regards offences as defined in this Convention, the provisions of all treaties and extradition arrangements applicable between States Party to this Convention shall be amended between them as Parties to this Convention to the extent that they are incompatible with this Convention.
1. The offences referred to in Article 1 shall be considered as those subject to extradition as covered by any extradition treaty which exists between States Parties to this Convention. States Parties undertake to include such offences, as extradition offences, in any extradition treaty concluded between them.
2. Where a State which is a party to this Convention and which makes extradition conditional upon the existence of a contract, it shall be required to extradite an offender by another State which is a party to this Convention and where there is no extradition agreement between them, the requested State may, as its consideration, consider this Convention as a legal basis for extradition as regards the offences referred to in Article 1. The extradition of the offender shall be subject to the other conditions laid down in the law of the requested State.
3. States which are a party to this Convention and which do not make the extradition of an offender conditional on the existence of a contract shall recognise among themselves the offences referred to in Article 1 as offences subject to extradition under the conditions laid down in the law of the requested State.
4. The offences referred to in Article 1 shall be considered, for the purposes of extradition, between the States Party to this Convention as if they had been committed not only in the place where they occurred, but also in the territory of the States which are obliged to establish their jurisdiction in accordance with Article 5 (1).
1. States which are a party to this Convention shall provide each other with the greatest possible assistance in connection with criminal proceedings initiated in respect of the offences referred to in Article 1, including the provision of any evidence necessary for such proceedings at their disposal.
2. Paragraph 1 of this Article shall not affect obligations relating to mutual legal assistance as enshrined in any other Treaty.
In so far as the Geneva Conventions of 1949 on the Protection of the Victims of War or Additional Protocols to these Conventions apply to a particular case of hostage taking and to the extent that the States Party to this Convention are bound under these Conventions to prosecute or transfer the perpetrators of hostage taking, the Convention shall not apply to the act of taking hostages committed under armed conflicts, as defined in the Geneva Conventions of 1949 and the Additional Protocols to them, including the armed conflicts referred to in Article 1 (4) of the Additional Protocol I of 1977, in which the nations are fighting against the colonial government and foreign occupation and against racist regimes, exercising their right of self-determination, as enshrined in the Charter of the United Nations and in the Declaration of International Law of International Law on friendly Relations and Cooperation between States in accordance with the Charter of the United Nations.
This Convention shall not apply where the offence has been committed within one State, the hostages and the alleged perpetrator are nationals of that State and the alleged offender is caught in its territory.
Nothing in this Convention shall be interpreted in such a way as to justify a breach of the territorial integrity or political independence of the State contrary to the United Nations Charter.
The provisions of this Convention shall be without prejudice to the application of asylum agreements in force at the date of adoption of this Convention between the States Parties; However, a State which is a Party to this Convention may not invoke such Treaties in relation to another State which is a Party to this Convention and which is not a Party to those Treaties.
1. Any dispute between two or more States Parties concerning the interpretation or implementation of this Convention which is not settled by negotiation shall be brought before arbitration at the request of one of them. If, within six months of the date of the request for arbitration, the parties are unable to agree on the organisation of arbitration, either party may refer the dispute to the International Court of Justice by bringing an action in accordance with the Statute of the Court of Justice.
2. Any State may, when signing, ratifying or accessing this Convention, declare that it does not feel bound by paragraph 1 of this Article. Any State Party which has made such a declaration shall not be bound by paragraph 1 of this Article by any other State Party.
3. Any State Party which has made a reservation in accordance with paragraph 2 of this Article may at any time withdraw that reservation by notifying the Secretary-General of the United Nations.
1. This Convention shall be open for signature to all States by 31 December 1980 at the United Nations headquarters in New York.
This Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
This Convention shall be open to access by any State. The instruments of access shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall enter into force on the 30th day following the deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.
2. For each State which ratifies or accedes to the Convention after the deposit of the 22nd instrument of ratification or accession, the Convention shall enter into force on the 30th day following the deposit of the instrument of ratification or accession by that State.
1. Any State Party may terminate this Convention by notifying the Secretary-General of the United Nations in writing.
2. The denunciation shall become effective one year after the date on which the United Nations Secretary-General received the notification.
The original of this Convention, the English, Arabic, Chinese, French, Russian and Spanish texts of which are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies to all States.
In order to prove that signature, duly empowered by their respective governments, they signed this Convention, open for signature in New York on 18 December 1979.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 36 / 1988 Coll., on the International Convention against the Taking of Hostage |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.04.1988 |
|---|---|
| Effective from | 26.02.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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