International Convention on the Suppression of Terrorism

The States Parties to this Convention,

Recalling the existing international conventions relating to various aspects of the problem of international terrorism;

Recalling also General Assembly Resolution 49/60 of 9 December 1994 and the Declaration on Measures to Eliminate International Terrorism annexed thereto,

Recalling further General Assembly Resolution 51/210 of 17 December 1996 and the Declaration to supplement the 1994 Declaration on Measures to Eliminate International Terrorism annexed thereto.

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

Reaffirming their unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed, including those which jeopardize friendly relations among States and peoples and threaten the territorial integrity and security of States;

Recognizing that acts, methods and practices of terrorism constitute a grave violation of the purposes and principles of the United Nations, which may pose a threat to international peace and security, jeopardize friendly relations among States, hinder international cooperation and aim at the undermining of human rights, fundamental freedoms and the democratic basis of society;

Recognizing also that the financing, planning and inciting of terrorist acts are also contrary to the purposes and principles of the United Nations, and that it is the duty of the Contracting Parties to bring to justice those who have participated in such terrorist acts;

Convinced that the suppression of acts of international terrorism, including those in which States are directly or indirectly involved, is an essential element for the maintenance of international peace and security, and the sovereignty and, territorial integrity of States;

Realising the need to develop further a comprehensive legal framework of conventions dealing with international terrorism;

Have resolved to take effective measures to ensure that perpetrators of terrorist acts do not escape prosecution and punishment by providing for their extradition or prosecution, and to that end have agreed as follows:

Article 1

The Contracting States undertake to cooperate among themselves by taking all the measures that they may consider effective, under their own laws, and in particular those established pursuant to this convention, to prevent and punish acts of terrorism, especially those referred to in Article 2 of this Convention.

Article 2

(1) Any person commits an offence within the meaning of this Convention if that person unlawfully and intentionally causes or threaten to cause violence by means of firearms, weapons, explosives, any lethal device or dangerous substances which results or is likely to result in death or serious bodily injury to a person or a group of persons or serious damage to property - whether used for public use, a State or Govt. facility, a public transportation system or an infrastructure facility.

(2) A person also commits an offence within the meaning of this Convention if he commits any of the following offences:

(a) An offence within the scope of the Convention for the Suppression of unlawful seizure of Aircraft, signed at The Hague on 16 December, 1970;

(b) An offence within the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September, 1971;

(c) An offence within the scope of the convention on the Prevention and Punishment of Crimes against Internationally Protected persons, including Diplomatic Agents, adopted by the General Assembly on 14 December, 1973;

(d) An offence within the scope of the International Convention against the Taking of Hostages, signed at New York on 17 December 1979;

(e) An offence within the scope of Convention for the Suppression of unlawful Acts against the Safety of Maritime Navigation;

(f) An offence within the scope of Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental shelf;

(g) An offence within the scope of International Convention for the Suppression of Terrorist Bombings adopted by the General Assembly in December, 1997;

(h) Any offence within the scope of any Convention, global or regional aimed at combating terrorism.

(3) Any person also commits an offence if that person attempts to commit an offence or participates as an accomplice in an offence as set forth in paragraph I or 2.

(4) Any person, also commits an offence if that person:

(a) Organizes or directs others to commit an offence as set forth in paragraph 1 or 2; or

(b) In any other way contributes to the commission of one or more offences as set forth in paragraph 1, 2 or 3 by a group of persons acting with a common purpose; such contribution shall be intentional and either be made with the aim of furthering the general criminal activity or purpose of the group or be made in the knowledge of the intention of the group to commit the offence or offences concerned."

Article 3

Each Contracting Party shall adopt such measures as may be necessary:

(a) To establish as criminal offences under its domestic law the offences set forth in article 2 of this Convention.

(b) To make those offences punishable by appropriate penalties which take into account the grave nature of those offences.

Article 4

Each Contracting State shall adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention, in particular undertaking, organizing, sponsoring, ordering, facilitating, financing, encouraging or tolerating such acts, against another State or directed at persons or property, which are of such a nature as to create terror, fear, or insecurity in the minds of general public or in a group of persons or particular persons, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature and are punished by penalties consistent with their grave nature.

Article 5

I . The Contracting States shall refrain from organizing, instigating, facilitating, financing, assisting or participating in the commission of terrorist offences, in particular those referred to in Article 2, in the territories of other States, or acquiescing in or encouraging or tolerating activities within their territories directed towards the commission of such offences.

2. States shall also take practical measures to ensure that their respective territories are not used for terrorist installations and training camps, or for the preparation or organization of terrorist acts, in particular those referred to in Article 21 intended to be committed against other States or their citizens.

3. The Contracting States shall take appropriate measures, before granting asylum for the purpose of ensuring that the asylum seeker has not engaged in terrorist activities, in particular those referred to in Article 2, and, after granting asylum, for the purpose of ensuring that the refugee status is not used in a manner contrary to the provisions of this Convention.

4. Towards this end, the contracting States shall cooperate in preventing and punishing the crime referred to in Article 2 of this Convention. The Contracting States shall further:

a. Take all measures within their power, in conformity with the purposes and principles of the Charter of the United Nations and other relevant rules of international law, to prevent and impede the preparation in their respective territories of the crimes referred to in Article 2 that are to be carried out in the territory of another Contracting State.

b. Engage in systematic exchange of information and consider effective implementation of relevant international Conventions, including the harmonization of their domestic legislation with those Conventions, and conclusion of mutual judicial assistance and extradition agreements on a bilateral or regional basis and other measures for the purpose of combating offences referred to in Article 2 of this Convention.

C. Comply most expeditiously with requests for extradition and mutual judicial assistance concerning the criminal acts contemplated in this Convention on the basis of existing arrangements or agreements, or, in their absence on the basis of Convention.

5. The Contracting States shall guarantee to every person deprived of his freedom through the application of this Convention every right to defend himself.

Article 6

I . Upon receiving information that a person who has committed or who is alleged to have committed an offence as set forth in article 2 may be present in its territory, the Contracting State concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.

2. Upon being satisfied that the circumstances so warrant, the Contracting State in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person's presence for the purpose of prosecution or extradition.

3. The Contracting State in whose territory the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case, without undue delay, to its competent authorities for the purpose of prosecution through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a grave nature under the law of that State.

4. Any person regarding whom proceedings are being brought in connection with any of the offences referred to in article 2 shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the law of the State in the territory in which he is present.

Article 7

1 . Contracting States shall afford one another the widest measure of mutual judicial assistance in criminal matters in connection with proceedings brought in respect of the offences referred to in Article 2. The law of the requested State concerning mutual assistance in criminal matters shall apply in all cases. Nevertheless, this assistance may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

2. The provisions of paragraph I of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.

Article 8

1. The offences referred to in article 2 shall be deemed to be included as extraditable offences in any extradition treaty existing between Contracting States. The Contracting States undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

2. If a Contracting State that makes extradition conditional on the existence of a treaty received a request for extradition from another Contracting State with which it has no extradition treaty, the requested State may at its option consider this convention as the legal basis for extradition in respect of the offences referred to in Article 2. Extradition shall be subject to the other conditions provided for by the law of the requested State.

3. The Contracting States that do not make extradition conditional on the existence of a treaty shall recognize the offences referred to in article 2 as extraditable offences between themselves subject to the conditions provided for by the law of the requested State.

4. The offences referred to in Article 2 shall be treated, for the purpose of extradition between Contracting States, as if they shall had been committed not only in the place in which they occurred but also in the territories of the requested States.

Article 9

1 . Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the crimes referred to in Article 2 in the following cases:

a. When the crimes committed in the territory of that State or on board a ship or aircraft registered in that State;

b. When the alleged offender is a national of that State or by a person who has his habitual residence in its territory.

2. A Contracting State may also establish its jurisdiction over any such crime when it is committed.

a. By a stateless person whose habitual residence is in that State; or

b. With respect to a national of that State; or

C. In an attempt to compel that State to do or to abstain from doing any act.

3. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the crimes referred to in Article 2 in cases where the alleged offender is present in its territory and where it does not extradite such a person to any of the Contracting States that have established their jurisdiction in accordance with paragraphs 1 or 2.

4. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 10

1. This Convention is open for signature by all States, until ____ at United Nations Headquarters in New York.

2. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary General of the United Nations.

Article 11

1 . This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

Article 12

This Convention shall be open for accession by any State. The instruments of accession shall be deposited with the Secretary- General of the United Nations.

Article 13

1. This Convention shall enter into force thirty days after twenty-two instruments of ratification, acceptance, approval or accession have been deposited with the Secretary General of the United Nations.

2. For each State ratifying or acceding to the Convention after the deposit of the twenty second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

Article 14

1.A Contracting State may denounce this Convention by written notification to the Secretary General of the United Nations.

2. Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations.

Article 15

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish text are equally authentic, shall be deposited with the Secretary General of the United Nations, who shall send certified copies thereof to all States.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Convention, opened for signature at ... on .......................... 1999.

Source: Ministry of External Affairs, Government of India