diff --git a/verdrag/protocol-tot-bestrijding-van-wederrechtelijke-gedragingen-gericht-tegen-de-veili/BWBV0003226/README.md b/verdrag/protocol-tot-bestrijding-van-wederrechtelijke-gedragingen-gericht-tegen-de-veili/BWBV0003226/README.md index 873628998c0..be009f14909 100644 --- a/verdrag/protocol-tot-bestrijding-van-wederrechtelijke-gedragingen-gericht-tegen-de-veili/BWBV0003226/README.md +++ b/verdrag/protocol-tot-bestrijding-van-wederrechtelijke-gedragingen-gericht-tegen-de-veili/BWBV0003226/README.md @@ -14,7 +14,7 @@ citeertitel: Protocol tot bestrijding van wederrechtelijke gedragingen gericht t ### Artikel 1 -**1.** The provisions of articles 5 and 7 and of articles 10 to 16 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (hereinafter referred to as “the Convention”) shall also apply *mutatis mutandis *to the offences set forth in article 2 of this Protocol where such offences are committed on board or against fixed platforms located on the continental shelf. +**1.** The provisions of article 1, paragraphs 1(c), (d), (e), (f), (g), (h), and 2(a), of articles 2bis, 5, 5bis and 7, and of articles 10 to 16, including articles 11bis, 11ter and 12bis, of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, as amended by the Protocl of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, shall also apply *mutatis mutandis* to the offences set forth in articles 2, 2*bis* and 2*ter* of this Protocol where such offences are committed on board or against fixed platforms located on the continental shelf. **2.** In cases where this Protocol does not apply pursuant to paragraph 1, it nevertheless applies when the offender or the alleged offender is found in the territory of a State Party other than the State in whose internal waters or territorial sea the fixed platform is located. @@ -29,25 +29,39 @@ Any person commits an offence if that person unlawfully and intentionally: (a) seizes or exercises control over a fixed platform by force or threat thereof or any other form of intimidation; or (b) performs an act of violence against a person on board a fixed platform if that act is likely to endanger its safety; or (c) destroys a fixed platform or causes damage to it which is likely to endanger its safety; or -(d) places or causes to be placed on a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safety; or -(e) injures or kills any person in connection with the commission or the attempted commission of any of the offences set forth in subparagraphs (a) to (d). +(d) places or causes to be placed on a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safety. -**2.** +**2.** Any person also commits an offence if that person threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridicial person to do or refrain from doing any act, to commit any of the offences set forth in paragraphs 1b) and c), if that threat is likely to endanger the safety of the fixed platform. -Any person also commits an offence if that person: +### Artikel 2bis -(a) attempts to commit any of the offences set forth in paragraph 1; or -(b) abets the commission of any such offences perpetrated by any person or is otherwise an accomplice of a person who commits such an offence; or -(c) threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in paragraph 1, subparagraphs (b) and (c), if that threat is likely to endanger the safety of the fixed platform. +Any person commits an offence within the meaning of this Protocol if that person unlawfully and intentionally, when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to obstain from doing any act: + +a) uses against or on a fixed platform or discharges from a fixed platform any explosive, radioactive material or BCN weapon in a manner that causes or is likely to cause death or serious injury or damage; or +b) discharges, from a fixed platform, oil, liquefied natural gas, or other hazardous or noxious substance, which is not covered by subparagraph a), in such quantity or concentration that causes or is likely to cause death or serious injury or damage; or +c) threatens, with or without a condition, as is provided for under national law, to commit an offence set forth in subparagraph a) or b). + +### Artikel 2ter + +Any person also commits an offence within the meaning of this Protocol if that person: + +a) unlawfully and intentionally injures or killes any person in connection with the commission of any of the offences set forth in article 2, paragraph 1, or article 2*bis*; or +b) attempts to commit an offence set forth in article 2, paragraph 1, article 2*bis*, subparagraph a) or b), or subparagraph a) of this article; or +c) participates as an accomplice in an offence set forth in article 2, article 2*bis* or subparagraph a) or b) of this article; or +d) organizes or directs others to commit an offence set forth in article 2, article 2*bis* or subparagraph a) or b) of this article; or +e) contributes to the commission of one or more offences set forth in article 2, article 2*bis* or subparagraph a) or b) of this article, by a group of persons acting with a common purpose, intentionally and either: + +i) with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offence set forth in article 2 or 2*bis*; or +ii) in the knowledge of the intention of the group to commit an offence set forth in article 2 or 2*bis*. ### Artikel 3 **1.** -Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 when the offence is committed: +Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 2, 2bis and 2ter when the offence is committed: -(a) against or on board a fixed platform while it is located on the continental shelf of that State; or -(b) by a national of that State. +a) against or on board a fixed platform while it is located on the continental shelf of that State; or +b) by a national of that State. **2.** @@ -57,9 +71,9 @@ A State Party may also establish its jurisdiction over any such offence when: (b) during its commission a national of that State is seized, threatened, injured or killed; or (c) it is committed in an attempt to compel that State to do or abstain from doing any act. -**3.** Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary-General of the International Maritime Organization (hereinafter referred to as “the Secretary-General”). If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General. +**3.** Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary-General. If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General. -**4.** Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article. +**4.** Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 2, 2*bis* and 2*ter* in cases where the alleged offender is present in its territory and it does not extradite the alleged offender to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 and 2. **5.** This Protocol does not exclude any criminal jurisdiction exercised in accordance with national law. @@ -67,6 +81,10 @@ A State Party may also establish its jurisdiction over any such offence when: Nothing in this Protocol shall affect in any way the rules of international law pertaining to fixed platforms located on the continental shelf. +### Artikel 4bis + +The final clauses of the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, shall be articles 8 to 13 of the Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. References in this Protocol to States Parties shall be taken to mean references to States Parties to the 2005 Protocol. + ### Artikel 5 **1.** This Protocol shall be open for signature at Rome on 10 March 1988 and at the Headquarters of the International Maritime Organization (hereinafter referred to as “the Organization”) from 14 March 1988 to 9 March 1989 by any State which has signed the Convention. It shall thereafter remain open for accession.