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II SÉRIE-A —NÚMERO 13

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.

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.

3 — For the purposes of this Protocol, «fixed platform* means an artificial island, installation or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.

Article 2

1 — 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).

2 — Any person also commits an offence if that person:

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.

Article 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 commited:

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 — A State Party may also establish its jurisdiction over any such offence when:

a) It is committed by a stateless person whose habitual residence is in that Slate;

¿7) 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 referrred to as «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.

5 — This Protocol does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 4

Nothing in this Protocol shall affect in any way the rules of international law pertaining to fixed platforms located on the continental shelf.

Article 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.

2 — States may express their consent to be bound by this Protocol by:

a) Signature without reservation as to ratification, acceptance or approval; or

b) Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

c) Accession.

3 — Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

4 — Only a State which has signed the Convention without reservation as to ratification, accceptance or approval, or has ratified, accepted, approved or acceded to the Convention may become a Party to this Protocol.

Article 6

1 — This Protocol shall enter into force ninety days following the date on which three States have either signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession in respect thereof. However, this Protocol shall not enter into force before the Convention has entered into force.

2 — For a State which deposits an instrument of ratification, accceptance, approval or accession in respect of this Protocol after the conditions for entry into force thereof have been met, the ratification, acceptance, approval or accession shall take effect ninety days after the date of such deposit