РАТИФИЦИРОВАНА РОССИЙСКОЙ ФЕДЕРАЦИЕЙ - ФЗ ОТ 20.04.2006 N 56-ФЗ
COUNCIL OF EUROPE CONVENTION
ON THE PREVENTION OF TERRORISM
(CETS N 196)
(Warsaw, 16.V.2005)
The member States of the Council of Europe and the other
Signatories hereto,
Considering that the aim of the Council of Europe is to achieve
greater unity between its members;
Recognising the value of reinforcing co-operation with the
other Parties to this Convention;
Wishing to take effective measures to prevent terrorism and to
counter, in particular, public provocation to commit terrorist
offences and recruitment and training for terrorism;
Aware of the grave concern caused by the increase in terrorist
offences and the growing terrorist threat;
Aware of the precarious situation faced by those who suffer
from terrorism, and in this connection reaffirming their profound
solidarity with the victims of terrorism and their families;
Recognising that terrorist offences and the offences set forth
in this Convention, by whoever perpetrated, are under no
circumstances justifiable by considerations of a political,
philosophical, ideological, racial, ethnic, religious or other
similar nature, and recalling the obligation of all Parties to
prevent such offences and, if not prevented, to prosecute and
ensure that they are punishable by penalties which take into
account their grave nature;
Recalling the need to strengthen the fight against terrorism
and reaffirming that all measures taken to prevent or suppress
terrorist offences have to respect the rule of law and democratic
values, human rights and fundamental freedoms as well as other
provisions of international law, including, where applicable,
international humanitarian law;
Recognising that this Convention is not intended to affect
established principles relating to freedom of expression and
freedom of association;
Recalling that acts of terrorism have the purpose by their
nature or context to seriously intimidate a population or unduly
compel a government or an international organisation to perform or
abstain from performing any act or seriously destabilise or
destroy the fundamental political, constitutional, economic or
social structures of a country or an international organisation;
Have agreed as follows:
Article 1
Terminology
1 For the purposes of this Convention, "terrorist offence"
means any of the offences within the scope of and as defined in
one of the treaties listed in the Appendix.
2 On depositing its instrument of ratification, acceptance,
approval or accession, a State or the European Community which is
not a party to a treaty listed in the Appendix may declare that,
in the application of this Convention to the Party concerned, that
treaty shall be deemed not to be included in the Appendix. This
declaration shall cease to have effect as soon as the treaty
enters into force for the Party having made such a declaration,
which shall notify the Secretary General of the Council of Europe
of this entry into force.
Article 2
Purpose
The purpose of the present Convention is to enhance the efforts
of Parties in preventing terrorism and its negative effects on the
full enjoyment of human rights, in particular the right to life,
both by measures to be taken at national level and through
international co-operation, with due regard to the existing
applicable multilateral or bilateral treaties or agreements
between the Parties.
Article 3
National prevention policies
1 Each Party shall take appropriate measures, particularly in
the field of training of law enforcement authorities and other
bodies, and in the fields of education, culture, information,
media and public awareness raising, with a view to preventing
terrorist offences and their negative effects while respecting
human rights obligations as set forth in, where applicable to that
Party, the Convention for the Protection of Human Rights and
Fundamental Freedoms, the International Covenant on Civil and
Political Rights, and other obligations under international law.
2 Each Party shall take such measures as may be necessary to
improve and develop the co-operation among national authorities
with a view to preventing terrorist offences and their negative
effects by, inter alia:
a exchanging information;
b improving the physical protection of persons and facilities;
c enhancing training and coordination plans for civil
emergencies.
3 Each Party shall promote tolerance by encouraging inter-
religious and cross-cultural dialogue involving, where
appropriate, non-governmental organisations and other elements of
civil society with a view to preventing tensions that might
contribute to the commission of terrorist offences.
4 Each Party shall endeavour to promote public awareness
regarding the existence, causes and gravity of and the threat
posed by terrorist offences and the offences set forth in this
Convention and consider encouraging the public to provide factual,
specific help to its competent authorities that may contribute to
preventing terrorist offences and offences set forth in this
Convention.
Article 4
International co-operation on prevention
Parties shall, as appropriate and with due regard to their
capabilities, assist and support each other with a view to
enhancing their capacity to prevent the commission of terrorist
offences, including through exchange of information and best
practices, as well as through training and other joint efforts of
a preventive character.
Article 5
Public provocation to commit a terrorist offence
1 For the purposes of this Convention, "public provocation to
commit a terrorist offence" means the distribution, or otherwise
making available, of a message to the public, with the intent to
incite the commission of a terrorist offence, where such conduct,
whether or not directly advocating terrorist offences, causes a
danger that one or more such offences may be committed.
2 Each Party shall adopt such measures as may be necessary to
establish public provocation to commit a terrorist offence, as
defined in paragraph 1, when committed unlawfully and
intentionally, as a criminal offence under its domestic law.
Article 6
Recruitment for terrorism
1 For the purposes of this Convention, "recruitment for
terrorism" means to solicit another person to commit or
participate in the commission of a terrorist offence, or to join
an association or group, for the purpose of contributing to the
commission of one or more terrorist offences by the association or
the group.
2 Each Party shall adopt such measures as may be necessary to
establish recruitment for terrorism, as defined in paragraph 1,
when committed unlawfully and intentionally, as a criminal offence
under its domestic law.
Article 7
Training for terrorism
1 For the purposes of this Convention, "training for terrorism"
means to provide instruction in the making or use of explosives,
firearms or other weapons or noxious or hazardous substances, or
in other specific methods or techniques, for the purpose of
carrying out or contributing to the commission of a terrorist
offence, knowing that the skills provided are intended to be used
for this purpose.
2 Each Party shall adopt such measures as may be necessary to
establish training for terrorism, as defined in paragraph 1, when
committed unlawfully and intentionally, as a criminal offence
under its domestic law.
Article 8
Irrelevance of the commission of a terrorist offence
For an act to constitute an offence as set forth in Articles 5
to 7 of this Convention, it shall not be necessary that a
terrorist offence be actually committed.
Article 9
Ancillary offences
1 Each Party shall adopt such measures as may be necessary to
establish as a criminal offence under its domestic law:
a Participating as an accomplice in an offence as set forth in
Articles 5 to 7 of this Convention;
b Organising or directing others to commit an offence as set
forth in Articles 5 to 7 of this Convention;
c Contributing to the commission of one or more offences as set
forth in Articles 5 to 7 of this Convention by a group of persons
acting with a common purpose. Such contribution shall be
intentional and shall either:
i be made 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 as set forth in Articles 5
to 7 of this Convention; or
ii be made in the knowledge of the intention of the group to
commit an offence as set forth in Articles 5 to 7 of this
Convention.
2 Each Party shall also adopt such measures as may be necessary
to establish as a criminal offence under, and in accordance with,
its domestic law the attempt to commit an offence as set forth in
Articles 6 and 7 of this Convention.
Article 10
Liability of legal entities
1 Each Party shall adopt such measures as may be necessary, in
accordance with its legal principles, to establish the liability
of legal entities for participation in the offences set forth in
Articles 5 to 7 and 9 of this Convention.
2 Subject to the legal principles of the Party, the liability
of legal entities may be criminal, civil or administrative.
3 Such liability shall be without prejudice to the criminal
liability of the natural persons who have committed the offences.
Article 11
Sanctions and measures
1 Each Party shall adopt such measures as may be necessary to
make the offences set forth in Articles 5 to 7 and 9 of this
Convention punishable by effective, proportionate and dissuasive
penalties.
2 Previous final convictions pronounced in foreign States for
offences set forth in the present Convention may, to the extent
permitted by domestic law, be taken into account for the purpose
of determining the sentence in accordance with domestic law.
3 Each Party shall ensure that legal entities held liable in
accordance with Article 10 are subject to effective, proportionate
and dissuasive criminal or non-criminal sanctions, including
monetary sanctions.
Article 12
Conditions and safeguards
1 Each Party shall ensure that the establishment,
implementation and application of the criminalisation under
Articles 5 to 7 and 9 of this Convention are carried out while
respecting human rights obligations, in particular the right to
freedom of expression, freedom of association and freedom of
religion, as set forth in, where applicable to that Party, the
Convention for the Protection of Human Rights and Fundamental
Freedoms, the International Covenant on Civil and Political
Rights, and other obligations under international law.
2 The establishment, implementation and application of the
criminalisation under Articles 5 to 7 and 9 of this Convention
should furthermore be subject to the principle of proportionality,
with respect to the legitimate aims pursued and to their necessity
in a democratic society, and should exclude any form of
arbitrariness or discriminatory or racist treatment.
Article 13
Protection, compensation and support
for victims of terrorism
Each Party shall adopt such measures as may be necessary to
protect and support the victims of terrorism that has been
committed within its own territory. These measures may include,
through the appropriate national schemes and subject to domestic
legislation, inter alia, financial assistance and compensation for
victims of terrorism and their close family members.
Article 14
Jurisdiction
1 Each Party shall take such measures as may be necessary to
establish its jurisdiction over the offences set forth in this
Convention:
a when the offence is committed in the territory of that Party;
b when the offence is committed on board a ship flying the flag
of that Party, or on board an aircraft registered under the laws
of that Party;
c when the offence is committed by a national of that Party.
2 Each Party may also establish its jurisdiction over the
offences set forth in this Convention:
a when the offence was directed towards or resulted in the
carrying out of an offence referred to in Article 1 of this
Convention, in the territory of or against a national of that
Party;
b when the offence was directed towards or resulted in the
carrying out of an offence referred to in Article 1 of this
Convention, against a State or government facility of that Party
abroad, including diplomatic or consular premises of that Party;
c when the offence was directed towards or resulted in an
offence referred to in Article 1 of this Convention, committed in
an attempt to compel that Party to do or abstain from doing any
act;
d when the offence is committed by a stateless person who has
his or her habitual residence in the territory of that Party;
e when the offence is committed on board an aircraft which is
operated by the Government of that Party.
3 Each Party shall take such measures as may be necessary to
establish its jurisdiction over the offences set forth in this
Convention in the case where the alleged offender is present in
its territory and it does not extradite him or her to a Party
whose jurisdiction is based on a rule of jurisdiction existing
equally in the law of the requested Party.
4 This Convention does not exclude any criminal jurisdiction
exercised in accordance with national law.
5 When more than one Party claims jurisdiction over an alleged
offence set forth in this Convention, the Parties involved shall,
where appropriate, consult with a view to determining the most
appropriate jurisdiction for prosecution.
Article 15
Duty to investigate
1 Upon receiving information that a person who has committed or
who is alleged to have committed an offence set forth in this
Convention may be present in its territory, the Party 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
Party 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 Any person in respect of whom the measures referred to in
paragraph 2 are being taken shall be entitled to:
a communicate without delay with the nearest appropriate
representative of the State of which that person is a national or
which is otherwise entitled to protect that person's rights or, if
that person is a stateless person, the State in the territory of
which that person habitually resides;
b be visited by a representative of that State;
c be informed of that person's rights under subparagraphs a.
and b.
4 The rights referred to in paragraph 3 shall be exercised in
conformity with the laws and regulations of the Party in the
territory of which the offender or alleged offender is present,
subject to the provision that the said laws and regulations must
enable full effect to be given to the purposes for which the
rights accorded under paragraph 3 are intended.
5 The provisions of paragraphs 3 and 4 shall be without
prejudice to the right of any Party having a claim of jurisdiction
in accordance with Article 14, paragraphs 1.c and 2.d to invite
the International Committee of the Red Cross to communicate with
and visit the alleged offender.
Article 16
Non application of the Convention
This Convention shall not apply where any of the offences
established in accordance with Articles 5 to 7 and 9 is committed
within a single State, the alleged offender is a national of that
State and is present in the territory of that State, and no other
State has a basis under Article 14, paragraph 1 or 2 of this
Convention, to exercise jurisdiction, it being understood that the
provisions of Articles 17 and 20 to 22 of this Convention shall,
as appropriate, apply in those cases.
Article 17
International co-operation in criminal matters
1 Parties shall afford one another the greatest measure of
assistance in connection with criminal investigations or criminal
or extradition proceedings in respect of the offences set forth in
Articles 5 to 7 and 9 of this Convention, including assistance in
obtaining evidence in their possession necessary for the
proceedings.
2 Parties shall carry out their obligations under paragraph 1
in conformity with any treaties or other agreements on mutual
legal assistance that may exist between them. In the absence of
such treaties or agreements, Parties shall afford one another
assistance in accordance with their domestic law.
3 Parties shall co-operate with each other to the fullest
extent possible under relevant law, treaties, agreements and
arrangements of the requested Party with respect to criminal
investigations or proceedings in relation to the offences for
which a legal entity may be held liable in accordance with Article
10 of this Convention in the requesting Party.
4 Each Party may give consideration to establishing additional
mechanisms to share with other Parties information or evidence
needed to establish criminal, civil or administrative liability
pursuant to Article 10.
Article 18
Extradite or prosecute
1 The Party in the territory of which the alleged offender is
present shall, when it has jurisdiction in accordance with Article
14, if it does not extradite that person, 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 Party. Those
authorities shall take their decision in the same manner as in the
case of any other offence of a serious nature under the law of
that Party.
2 Whenever a Party is permitted under its domestic law to
extradite or otherwise surrender one of its nationals only upon
the condition that the person will be returned to that Party to
serve the sentence imposed as a result of the trial or proceeding
for which the extradition or surrender of the person was sought,
and this Party and the Party seeking the extradition of the person
agree with this option and other terms they may deem appropriate,
such a conditional extradition or surrender shall be sufficient to
discharge the obligation set forth in paragraph 1.
Article 19
Extradition
1 The offences set forth in Articles 5 to 7 and 9 of this
Convention shall be deemed to be included as extraditable offences
in any extradition treaty existing between any of the Parties
before the entry into force of this Convention. Parties undertake
to include such offences as extraditable offences in every
extradition treaty to be subsequently concluded between them.
2 When a Party which makes extradition conditional on the
existence of a treaty receives a request for extradition from
another Party with which it has no extradition treaty, the
requested Party may, if it so decides, consider this Convention as
a legal basis for extradition in respect of the offences set forth
in Articles 5 to 7 and 9 of this Convention. Extradition shall be
subject to the other conditions provided by the law of the
requested Party.
3 Parties which do not make extradition conditional on the
existence of a treaty shall recognise the offences set forth in
Articles 5 to 7 and 9 of this Convention as extraditable offences
between themselves, subject to the conditions provided by the law
of the requested Party.
4 Where necessary, the offences set forth in Articles 5 to 7
and 9 of this Convention shall be treated, for the purposes of
extradition between Parties, as if they had been committed not
only in the place in which they occurred but also in the territory
of the Parties that have established jurisdiction in accordance
with Article 14.
5 The provisions of all extradition treaties and agreements
concluded between Parties in respect of offences set forth in
Articles 5 to 7 and 9 of this Convention shall be deemed to be
modified as between Parties to the extent that they are
incompatible with this Convention.
Article 20
Exclusion of the political exception clause
1 None of the offences referred to in Articles 5 to 7 and 9 of
this Convention, shall be regarded, for the purposes of
extradition or mutual legal assistance, as a political offence, an
offence connected with a political offence, or as an offence
inspired by political motives. Accordingly, a request for
extradition or for mutual legal assistance based on such an
offence 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 Without prejudice to the application of Articles 19 to 23 of
the Vienna Convention on the Law of Treaties of 23 May 1969 to the
other Articles of this Convention, any State or the European
Community may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession of
the Convention, declare that it reserves the right to not apply
paragraph 1 of this Article as far as extradition in respect of an
offence set forth in this Convention is concerned. The Party
undertakes to apply this reservation on a case-by-case basis,
through a duly reasoned decision.
3 Any Party may wholly or partly withdraw a reservation it has
made in accordance with paragraph 2 by means of a declaration
addressed to the Secretary General of the Council of Europe which
shall become effective as from the date of its receipt.
4 A Party which has made a reservation in accordance with
paragraph 2 of this Article may not claim the application of
paragraph 1 of this Article by any other Party; it may, however,
if its reservation is partial or conditional, claim the
application of this Article in so far as it has itself accepted
it.
5 The reservation shall be valid for a period of three years
from the day of the entry into force of this Convention in respect
of the Party concerned. However, such reservation may be renewed
for periods of the same duration.
6 Twelve months before the date of expiry of the reservation,
the Secretary General of the Council of Europe shall give notice
of that expiry to the Party concerned. No later than three months
before expiry, the Party shall notify the Secretary General of the
Council of Europe that it is upholding, amending or withdrawing
its reservation. Where a Party notifies the Secretary General of
the Council of Europe that it is upholding its reservation, it
shall provide an explanation of the grounds justifying its
continuance. In the absence of notification by the Party
concerned, the Secretary General of the Council of Europe shall
inform that Party that its reservation is considered to have been
extended automatically for a period of six months. Failure by the
Party concerned to notify its intention to uphold or modify its
reservation before the expiry of that period shall cause the
reservation to lapse.
7 Where a Party does not extradite a person in application of
this reservation, after receiving an extradition request from
another Party, it shall submit the case, without exception
whatsoever and without undue delay, to its competent authorities
for the purpose of prosecution, unless the requesting Party and
the requested Party agree otherwise. The competent authorities,
for the purpose of prosecution in the requested Party, shall take
their decision in the same manner as in the case of any offence of
a grave nature under the law of that Party. The requested Party
shall communicate, without undue delay, the final outcome of the
proceedings to the requesting Party and to the Secretary General
of the Council of Europe, who shall forward it to the Consultation
of the Parties provided for in Article 30.
8 The decision to refuse the extradition request on the basis
of this reservation shall be forwarded promptly to the requesting
Party. If within a reasonable time no judicial decision on the
merits has been taken in the requested Party according to
paragraph 7, the requesting Party may communicate this fact to the
Secretary General of the Council of Europe, who shall submit the
matter to the Consultation of the Parties provided for in Article
30. This Consultation shall consider the matter and issue an
opinion on the conformity of the refusal with the Convention and
shall submit it to the Committee of Ministers for the purpose of
issuing a declaration thereon. When performing its functions under
this paragraph, the Committee of Ministers shall meet in its
composition restricted to the States Parties.
Article 21
Discrimination clause
1 Nothing in this Convention shall be interpreted as imposing
an obligation to extradite or to afford mutual legal assistance,
if the requested Party has substantial grounds for believing that
the request for extradition for offences set forth in Articles 5
to 7 and 9 or for mutual legal assistance with respect to such
offences has been made for the purpose of prosecuting or punishing
a person on account of that person's race, religion, nationality,
ethnic origin or political opinion or that compliance with the
request would cause prejudice to that person's position for any of
these reasons.
2 Nothing in this Convention shall be interpreted as imposing
an obligation to extradite if the person who is the subject of the
extradition request risks being exposed to torture or to inhuman
or degrading treatment or punishment.
3 Nothing in this Convention shall be interpreted either as
imposing an obligation to extradite if the person who is the
subject of the extradition request risks being exposed to the
death penalty or, where the law of the requested Party does not
allow for life imprisonment, to life imprisonment without the
possibility of parole, unless under applicable extradition
treaties the requested Party is under the obligation to extradite
if the requesting Party gives such assurance as the requested
Party considers sufficient that the death penalty will not be
imposed or, where imposed, will not be carried out, or that the
person concerned will not be subject to life imprisonment without
the possibility of parole.
Article 22
Spontaneous information
1 Without prejudice to their own investigations or proceedings,
the competent authorities of a Party may, without prior request,
forward to the competent authorities of another Party information
obtained within the framework of their own investigations, when
they consider that the disclosure of such information might assist
the Party receiving the information in initiating or carrying out
investigations or proceedings, or might lead to a request by that
Party under this Convention.
2 The Party providing the information may, pursuant to its
national law, impose conditions on the use of such information by
the Party receiving the information.
3 The Party receiving the information shall be bound by those
conditions.
4 However, any Party may, at any time, by means of a
declaration addressed to the Secretary General of the Council of
Europe, declare that it reserves the right not to be bound by the
conditions imposed by the Party providing the information under
paragraph 2 above, unless it receives prior notice of the nature
of the information to be provided and agrees to its transmission.
Article 23
Signature and entry into force
1 This Convention shall be open for signature by the member
States of the Council of Europe, the European Community and by non-
member States which have participated in its elaboration.
2 This Convention is subject to ratification, acceptance or
approval. Instruments of ratification, acceptance or approval
shall be deposited with the Secretary General of the Council of
Europe.
3 This Convention shall enter into force on the first day of
the month following the expiration of a period of three months
after the date on which six Signatories, including at least four
member States of the Council of Europe, have expressed their
consent to be bound by the Convention in accordance with the
provisions of paragraph 2.
4 In respect of any Signatory which subsequently expresses its
consent to be bound by it, the Convention shall enter into force
on the first day of the month following the expiration of a period
of three months after the date of the expression of its consent to
be bound by the Convention in accordance with the provisions of
paragraph 2.
Article 24
Accession to the Convention
1 After the entry into force of this Convention, the Committee
of Ministers of the Council of Europe, after consulting with and
obtaining the unanimous consent of the Parties to the Convention,
may invite any State which is not a member of the Council of
Europe and which has not participated in its elaboration to accede
to this convention. The decision shall be taken by the majority
provided for in Article 20.d of the Statute of the Council of
Europe and by the unanimous vote of the representatives of the
Parties entitled to sit on the Committee of Ministers.
2 In respect of any State acceding to the convention under
paragraph 1 above, the Convention shall enter into force on the
first day of the month following the expiration of a period of
three months after the date of deposit of the instrument of
accession with the Secretary General of the Council of Europe.
Article 25
Territorial application
1 Any State or the European Community may, at the time of
signature or when depositing its instrument of ratification,
acceptance, approval or accession, specify the territory or
territories to which this Convention shall apply.
2 Any Party may, at any later date, by a declaration addressed
to the Secretary General of the Council of Europe, extend the
application of this Convention to any other territory specified in
the declaration. In respect of such territory the Convention shall
enter into force on the first day of the month following the
expiration of a period of three months after the date of receipt
of the declaration by the Secretary General.
3 Any declaration made under the two preceding paragraphs may,
in respect of any territory specified in such declaration, be
withdrawn by a notification addressed to the Secretary General of
the Council of Europe. The withdrawal shall become effective on
the first day of the month following the expiration of a period of
three months after the date of receipt of such notification by the
Secretary General.
Article 26
Effects of the Convention
1 The present Convention supplements applicable multilateral or
bilateral treaties or agreements between the Parties, including
the provisions of the following Council of Europe treaties:
- European Convention on Extradition, opened for signature, in
Paris, on 13 December 1957 (ETS No. 24);
- European Convention on Mutual Assistance in Criminal Matters,
opened for signature, in Strasbourg, on 20 April 1959 (ETS No.
30);
- European Convention on the Suppression of Terrorism, opened
for signature, in Strasbourg, on 27 January 1977 (ETS No. 90);
- Additional Protocol to the European Convention on Mutual
Assistance in Criminal Matters, opened for signature in Strasbourg
on 17 March 1978 (ETS No. 99);
- Second Additional Protocol to the European Convention on
Mutual Assistance in Criminal Matters, opened for signature in
Strasbourg on 8 November 2001 (ETS No. 182);
- Protocol amending the European Convention on the Suppression
of Terrorism, opened for signature in Strasbourg on 15 May 2003
(ETS No. 190).
2 If two or more Parties have already concluded an agreement or
treaty on the matters dealt with in this Convention or have
otherwise established their relations on such matters, or should
they in future do so, they shall also be entitled to apply that
agreement or treaty or to regulate those relations accordingly.
However, where Parties establish their relations in respect of the
matters dealt with in the present Convention other than as
regulated therein, they shall do so in a manner that is not
inconsistent with the Convention's objectives and principles.
3 Parties which are members of the European Union shall, in
their mutual relations, apply Community and European Union rules
in so far as there are Community or European Union rules governing
the particular subject concerned and applicable to the specific
case, without prejudice to the object and purpose of the present
Convention and without prejudice to its full application with
other Parties.
4 Nothing in this Convention shall affect other rights,
obligations and responsibilities of a Party and individuals under
international law, including international humanitarian law.
5 The activities of armed forces during an armed conflict, as
those terms are understood under international humanitarian law,
which are governed by that law, are not governed by this
Convention, and the activities undertaken by military forces of a
Party in the exercise of their official duties, inasmuch as they
are governed by other rules of international law, are not governed
by this Convention.
Article 27
Amendments to the Convention
1 Amendments to this Convention may be proposed by any Party,
the Committee of Ministers of the Council of Europe or the
Consultation of the Parties.
2 Any proposal for amendment shall be communicated by the
Secretary General of the Council of Europe to the Parties.
3 Moreover, any amendment proposed by a Party or the Committee
of Ministers shall be communicated to the Consultation of the
Parties, which shall submit to the Committee of Ministers its
opinion on the proposed amendment.
4 The Committee of Ministers shall consider the proposed
amendment and any opinion submitted by the Consultation of the
Parties and may approve the amendment.
5 The text of any amendment approved by the Committee of
Ministers in accordance with paragraph 4 shall be forwarded to the
Parties for acceptance.
6 Any amendment approved in accordance with paragraph 4 shall
come into force on the thirtieth day after all Parties have
informed the Secretary General of their acceptance thereof.
Article 28
Revision of the Appendix
1 In order to update the list of treaties in the Appendix,
amendments may be proposed by any Party or by the Committee of
Ministers. These proposals for amendment shall only concern
universal treaties concluded within the United Nations system
dealing specifically with international terrorism and having
entered into force. They shall be communicated by the Secretary
General of the Council of Europe to the Parties.
2 After having consulted the non-member Parties, the Committee
of Ministers may adopt a proposed amendment by the majority
provided for in Article 20.d of the Statute of the Council of
Europe. The amendment shall enter into force following the expiry
of a period of one year after the date on which it has been
forwarded to the Parties. During this period, any Party may notify
the Secretary General of the Council of Europe of any objection to
the entry into force of the amendment in respect of that Party.
3 If one third of the Parties notifies the Secretary General of
the Council of Europe of an objection to the entry into force of
the amendment, the amendment shall not enter into force.
4 If less than one third of the Parties notifies an objection,
the amendment shall enter into force for those Parties which have
not notified an objection.
5 Once an amendment has entered into force in accordance with
paragraph 2 and a Party has notified an objection to it, this
amendment shall come into force in respect of the Party concerned
on the first day of the month following the date on which it
notifies the Secretary General of the Council of Europe of its
acceptance.
Article 29
Settlement of disputes
In the event of a dispute between Parties as to the
interpretation or application of this Convention, they shall seek
a settlement of the dispute through negotiation or any other
peaceful means of their choice, including submission of the
dispute to an arbitral tribunal whose decisions shall be binding
upon the Parties to the dispute, or to the International Court of
Justice, as agreed upon by the Parties concerned.
Article 30
Consultation of the Parties
1 The Parties shall consult periodically with a view to:
a making proposals to facilitate or improve the effective use
and implementation of this Convention, including the
identification of any problems and the effects of any declaration
made under this Convention;
b formulating its opinion on the conformity of a refusal to
extradite which is referred to them in accordance with Article 20,
paragraph 8;
c making proposals for the amendment of this Convention in
accordance with Article 27;
d formulating their opinion on any proposal for the amendment
of this Convention which is referred to them in accordance with
Article 27, paragraph 3;
e expressing an opinion on any question concerning the
application of this Convention and facilitating the exchange of
information on significant legal, policy or technological
developments.
2 The Consultation of the Parties shall be convened by the
Secretary General of the Council of Europe whenever he finds it
necessary and in any case when a majority of the Parties or the
Committee of Ministers request its convocation.
3 The Parties shall be assisted by the Secretariat of the
Council of Europe in carrying out their functions pursuant to this
article.
Article 31
Denunciation
1 Any Party may, at any time, denounce this Convention by means
of a notification addressed to the Secretary General of the
Council of Europe.
2 Such denunciation shall become effective on the first day of
the month following the expiration of a period of three months
after the date of receipt of the notification by the Secretary
General.
Article 32
Notification
The Secretary General of the Council of Europe shall notify the
member States of the Council of Europe, the European Community,
the non-member States which have participated in the elaboration
of this Convention as well as any State which has acceded to, or
has been invited to accede to, this Convention of:
a any signature;
b the deposit of any instrument of ratification, acceptance,
approval or accession;
c any date of entry into force of this Convention in accordance
with Article 23;
d any declaration made under Article 1, paragraph 2, 22,
paragraph 4, and 25;
e any other act, notification or communication relating to this
Convention.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Convention.
Done at Warsaw, this 16th day of May 2005, in English and in
French, both texts being equally authentic, in a single copy which
shall be deposited in the archives of the Council of Europe. The
Secretary General of the Council of Europe shall transmit
certified copies to each member State of the Council of Europe, to
the European Community, to the non-member States which have
participated in the elaboration of this Convention, and to any
State invited to accede to it.
Appendix
1 Convention for the Suppression of Unlawful Seizure of
Aircraft, signed at The Hague on 16 December 1970;
2 Convention for the Suppression of Unlawful Acts Against the
Safety of Civil Aviation, concluded at Montreal on 23 September
1971;
3 Convention on the Prevention and Punishment of Crimes Against
Internationally Protected Persons, Including Diplomatic Agents,
adopted in New York on 14 December 1973;
4 International Convention Against the Taking of Hostages,
adopted in New York on 17 December 1979;
5 Convention on the Physical Protection of Nuclear Material,
adopted in Vienna on 3 March 1980;
6 Protocol for the Suppression of Unlawful Acts of Violence at
Airports Serving International Civil Aviation, done at Montreal on
24 February 1988;
7 Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation, done at Rome on 10 March 1988;
8 Protocol for the Suppression of Unlawful Acts Against the
Safety of Fixed Platforms Located on the Continental Shelf, done
at Rome on 10 March 1988;
9 International Convention for the Suppression of Terrorist
Bombings, adopted in New York on 15 December 1997;
10 International Convention for the Suppression of the
Financing of Terrorism, adopted in New York on 9 December 1999.
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