1340-(168)

II SERIE-A — NÚMERO 69

or of any other person in the service of the ship, no penal or disciplinary proceedings may be instituted against such person except before the judicial or administrative authorities either of the flag State or of the State of which such person is a national.

2 —In disciplinary matters, the States which has issued a master's certificate or a certificate of competence or licence shall alone be competent, after due legal process, to pronouce the withdrawal of such certificates, even if the holder is not a national of the State which issued them.

3 — No arrest or detention of the ship, even as a measure of investigation, shall be ordered by any authorities other than those of the flag State.

Article 98 Duty to render assistance

1 — Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers:

a) To render assistance to any person found at sea in danger of being lost;

¿7) To proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him;

c) After a collision, to render assistance to the other ship, its crew and its passengers and, where possible, to inform the other of the name of his own ship, its port of registry and the nearest port at which it will call.

2 — Every coastal State shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements co-operate with neighbouring States for this purpose.

Article 99

Prohibition of the transport of slaves

Every State shall take effective measures to prevent and punish the transport of slaves in ships authorized to fly its flag and to prevent the unlawful use of its flag for that purpose. Any slave taking refuge on board any ship whatever its flag, shall ipso facto be free.

Article 100

Duty to co-operate in the repression of piracy

All States shall co-operate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State.

Article 101 Definition of piracy

Piracy consists of any of the following acts:

a) Any illegal acts of violence or detention, or any act of depredation, committed for private ends

by the crew or the passengers of a private ship

or a private aircraft, and directed:

/) On the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

ii) Against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

b) Any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

c) Any act of inciting or of intentionally facilitating an act described in subparagraph a) or b).

Article 102

Piracy by a warship, government ship or government aircraft whose crew has mutinied

The acts of piracy, as defined in article 101, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft.

Article 103 Definition of a pirate ship or aircraft

A ship or aircraft is considered a pirate ship or aircraft if it is intented by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.

Article 104

Retention or loss of the nationality of a pirate ship or aircraft

A ship or aircraft may retain its nationality although it has become a pirate ship or aircraft. The retention or loss nationality is determined by the law of the State from which such nationality was derived.

Article 105

Seizure of a pirate ship or aircraft

On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.

Article 106 Liability for seizure without adequate grounds

Where the seizure of a ship or aircraft on suspicion of piracy has been effected without adequate grounds, the State making the seizure shall be liable to the State the nationality of which is possessed by the ship or aircraft for any Joss or damage caused by the seizure.