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II SÉRIE-A — NÚMERO 44

Noting that acts of the crew' which are subject to normal shipboard discipline are outside the purview of this Convention;

Affirming the desirability of monitoring rules and standards relating to the prevention and control of unlawful acts against ships and persons on board ships, with a view to updating them as necessary, and, to this effect, taking note with satisfaction of the Measures to Prevent Unlawful Acts against Passengers and Crews on Board Ships, recommended by the Maritime Safety Committee of the International Maritime Organization;

Affirming further that matters not regulated by this Convention continue to be governed by the rules and principles of general international law;

Recognizing the need for all States, in combating unlawful acts against the safety of maritime navigation, strictly to comply with rules and principles of general international law;

have agreed as follows:

Article 1

For the purposes of this Convention, «ship» means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft.

Article 2

1 —This Convention does not apply to:

a) A warship; or

b) A ship owned or operated by a State when being used as a naval auxiliary or for customs or police purposes; or

c) A ship which has been withdrawn from navigation or laid up.

2 — Nothing in this Convention affects the immunities of warships and other government ships operated for noncommercial purposes.

Article 3

1 — Any person commits an offence if that person unlawfully and intentionally:

a) Seizes or exercises control over a ship by force or threat thereof or any other form of intimidation; or

b) Performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation1 of that ship; or

c) Destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship; or

d) Places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship; or

e) Destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if any such act is likely to endanger the safe navigation of a ship; or

f) Communicates information which he knows to be false, thereby endangering the safe navigation of a ship; or

g) 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/).

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 of the offences set forth in paragraph 1 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 \, subparagraphs b)y c) and e), if that threat is likely to endanger the safe navigation of the ship in question.

Article 4

1 — This Convention applies if the ship is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single State, or the lateral limits of its territorial sea with adjacent States.

2 — In cases where the Convention 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 referred to in paragraph 1.

Article 5

Each State Party shall make the offences set forth in article 3 punishable by appropriate penalties which take into account the grave nature of those offences.

Article 6

1 — Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 when the offence is committed:

a) Against or on board a ship flying the flag of the State at the time the offence is committed; or

b) In the territory of that State, including its territorial sea; or

c) 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 vA\ose habitual residence is in that State; or

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