CHAPTER XVIII

PENAL MATTERS15International Convention for the Suppression of Acts of Nuclear TerrorismNew York, 13 April 2005Entry into force7 July 2007, in accordance with article 25(1).Registration7 July 2007, No. 44004StatusSignatories115Parties86TextUnited Nations, <i>Treaty Series</i>, vol. 2445, p. 89; A/RES/59/290.The above Convention was adopted on 13 April 2005 during the 91st plenary meeting of the General Assembly by resolution A/RES/59/290. In accordance with its article 24, the Convention shall be open for signature by all States from 14 September 2005 until 31 December 2006 at United Nations Headquarters in New York.

ParticipantSignature, Succession to signature(d)Approval(AA), Acceptance(A), Accession(a), RatificationAfghanistan29 Dec 2005 25 Mar 2013 Albania23 Nov 2005 Algeria 3 Mar 2011 aAndorra11 May 2006 Antigua and Barbuda 1 Dec 2009 aArgentina14 Sep 2005 Armenia15 Sep 2005 22 Sep 2010 Australia14 Sep 2005 16 Mar 2012 Austria15 Sep 2005 14 Sep 2006 Azerbaijan15 Sep 2005 28 Jan 2009 Bahrain 4 May 2010 aBangladesh 7 Jun 2007 aBelarus15 Sep 2005 13 Mar 2007 Belgium14 Sep 2005 2 Oct 2009 Benin15 Sep 2005 Bosnia and Herzegovina 7 Dec 2005 Brazil16 Sep 2005 25 Sep 2009 Bulgaria14 Sep 2005 Burkina Faso21 Sep 2005 Burundi29 Mar 2006 24 Sep 2008 Cambodia 7 Dec 2006 Canada14 Sep 2005 Central African Republic19 Feb 2008 aChile22 Sep 2005 27 Sep 2010 China<superscript>1</superscript>14 Sep 2005 8 Nov 2010 Colombia 1 Nov 2006 Comoros12 Mar 2007 aCosta Rica15 Sep 2005 21 Feb 2013 Côte d'Ivoire12 Mar 2012 aCroatia16 Sep 2005 30 May 2007 Cuba17 Jun 2009 aCyprus15 Sep 2005 28 Jan 2008 Czech Republic15 Sep 2005 25 Jul 2006 Democratic Republic of the Congo23 Sep 2010 aDenmark<superscript>2</superscript>14 Sep 2005 20 Mar 2007 Djibouti14 Jun 2006 Dominican Republic11 Jun 2008 aEcuador15 Sep 2005 Egypt20 Sep 2005 El Salvador16 Sep 2005 27 Nov 2006 Estonia14 Sep 2005 Fiji15 May 2008 aFinland14 Sep 2005 13 Jan 2009 AFrance14 Sep 2005 Gabon15 Sep 2005 1 Oct 2007 Georgia23 Apr 2010 aGermany15 Sep 2005 8 Feb 2008 Ghana 6 Nov 2006 Greece15 Sep 2005 Guatemala20 Sep 2005 Guinea16 Sep 2005 Guinea-Bissau 6 Aug 2008 aGuyana15 Sep 2005 Hungary14 Sep 2005 12 Apr 2007 Iceland16 Sep 2005 India24 Jul 2006 1 Dec 2006 Iraq13 May 2013 aIreland15 Sep 2005 Israel27 Dec 2006 Italy14 Sep 2005 Jamaica 5 Dec 2006 Japan15 Sep 2005 3 Aug 2007 AJordan16 Nov 2005 Kazakhstan16 Sep 2005 31 Jul 2008 Kenya15 Sep 2005 13 Apr 2006 Kiribati15 Sep 2005 26 Sep 2008 Kuwait16 Sep 2005 Kyrgyzstan 5 May 2006 2 Oct 2007 Latvia16 Sep 2005 25 Jul 2006 Lebanon23 Sep 2005 13 Nov 2006 Lesotho16 Sep 2005 22 Sep 2010 Liberia16 Sep 2005 Libya16 Sep 2005 22 Dec 2008 Liechtenstein16 Sep 2005 25 Sep 2009 Lithuania16 Sep 2005 19 Jul 2007 Luxembourg15 Sep 2005 2 Oct 2008 Madagascar15 Sep 2005 Malawi 7 Oct 2009 aMalaysia16 Sep 2005 Mali 5 Nov 2009 aMalta15 Sep 2005 26 Sep 2012 Mauritania28 Apr 2008 aMauritius14 Sep 2005 Mexico12 Jan 2006 27 Jun 2006 Monaco14 Sep 2005 Mongolia 3 Nov 2005 6 Oct 2006 Montenegro<superscript>3</superscript>23 Oct 2006 dMorocco19 Apr 2006 31 Mar 2010 Mozambique 1 May 2006 Nauru24 Aug 2010 aNetherlands16 Sep 2005 30 Jun 2010 ANew Zealand14 Sep 2005 Nicaragua15 Sep 2005 25 Feb 2009 Niger 2 Jul 2008 aNigeria25 Sep 2012 aNorway16 Sep 2005 Palau15 Sep 2005 Panama21 Feb 2006 21 Jun 2007 Paraguay16 Sep 2005 29 Jan 2009 Peru14 Sep 2005 29 May 2009 Philippines15 Sep 2005 Poland14 Sep 2005 8 Apr 2010 Portugal21 Sep 2005 Qatar16 Feb 2006 Republic of Korea16 Sep 2005 Republic of Moldova16 Sep 2005 18 Apr 2008 Romania14 Sep 2005 24 Jan 2007 Russian Federation14 Sep 2005 29 Jan 2007 Rwanda 6 Mar 2006 Sao Tome and Principe19 Dec 2005 Saudi Arabia26 Dec 2006 7 Dec 2007 Senegal21 Sep 2005 Serbia15 Sep 2005 26 Sep 2006 Seychelles 7 Oct 2005 Sierra Leone14 Sep 2005 Singapore 1 Dec 2006 Slovakia15 Sep 2005 23 Mar 2006 Slovenia14 Sep 2005 17 Dec 2009 Solomon Islands24 Sep 2009 aSouth Africa14 Sep 2005 9 May 2007 Spain14 Sep 2005 22 Feb 2007 Sri Lanka14 Sep 2005 27 Sep 2007 St. Lucia12 Nov 2012 aSt. Vincent and the Grenadines 8 Jul 2010 aSwaziland15 Sep 2005 Sweden14 Sep 2005 Switzerland14 Sep 2005 15 Oct 2008 Syrian Arab Republic14 Sep 2005 Tajikistan14 Sep 2005 Thailand14 Sep 2005 The former Yugoslav Republic of Macedonia16 Sep 2005 19 Mar 2007 Timor-Leste16 Sep 2005 Togo15 Sep 2005 Tunisia28 Sep 2010 aTurkey14 Sep 2005 24 Sep 2012 Turkmenistan28 Mar 2008 aUkraine14 Sep 2005 25 Sep 2007 United Arab Emirates10 Jan 2008 aUnited Kingdom of Great Britain and Northern Ireland14 Sep 2005 24 Sep 2009 United States of America14 Sep 2005 Uruguay16 Sep 2005 Uzbekistan29 Apr 2008 aAlgeriaReservation:The Government of the People’s Democratic Republic of Algeria does not consider itself bound by the provisions of article 23, paragraph 1, of the International Convention for the Suppression of Acts of Nuclear Terrorism.The Government of the People’s Democratic Republic of Algeria declares that it deems it essential in all cases that all parties to any dispute are in agreement over referring the dispute to arbitration or to the International Court of Justice.ArgentinaReservation made upon signature:Pursuant to article 23, paragraph 2, the Republic of Argentina declares that it does not consider itself bound by paragraph 1 of article 23 and, as a consequence, does not recognize either the compulsory arbitration or the compulsory jurisdiction of the International Court of Justice.AzerbaijanReservation made upon signature and confirmed upon ratification:"In accordance with paragraph 2 of Article 23, the Republic of Azerbaijan declares that it does not consider itself bound by paragraph 1 of Article 23 of the Convention."Declaration made upon signature and confirmed upon ratification:"The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation."BahrainReservation: The Kingdom of Bahrain does not consider itself bound by the provisions of article 23, paragraph 1, of the Convention.BelgiumDeclaration:The Kingdom of Belgium declares that only nuclear materials and facilities containing nuclear materials are covered by article 18, paragraph 1(b) and (c).ChinaDeclaration:The People's Republic of China does not consider itself bound by paragraph 1 of article 23 of the Convention.Costa RicaInterpretative Declarations:Article 2 of the Act approving the Convention stipulates that "The Government of the Republic of Costa Rica declares that it shall interpret, in respect of article 11, paragraph 1, of the International Convention for the Suppression of Acts of Nuclear Terrorism, that if extradition is not appropriate and the case is found to be time-barred, the acts cannot be tried in national territory."Article 3 of the Act approving the Convention establishes that "The Government of Costa Rica affirms that article 15 of the Convention, in accordance with article 31 of the Political Constitution, shall be interpreted to mean that the State does not relinquish its power to classify [an offence] in the specific case when a request for extradition is reviewed."CubaReservation:The Republic of Cuba declares, pursuant to article 23, paragraph 2, that it does not consider itself bound by the provisions of paragraph 1 of this article with respect to the settlement of disputes arising between States Parties which, in its view, should be resolved through amicable negotiations, and it also declares that it does not recognize the compulsory jurisdiction of the International Court of Justice.Declarations:The Republic of Cuba declares that nothing in article 4, paragraph 2, can be construed as encouraging or condoning the use or threat of use of force in international relations which should, in all circumstances, be strictly governed by the principles of international law and the purposes and principles of the Charter of the United Nations.Cuba also holds the view that the relations between States should be based on the provisions of General Assembly resolution 2625 (XXV).Furthermore, State terrorism has historically been a fundamental concern for Cuba, which believes that its total eradication through mutual respect, friendly relations and cooperation among States, and full respect for the principles of sovereignty, territorial integrity, self-determination and non-interference in internal affairs should constitute a priority for the international community.Therefore, Cuba is firmly of the view that the improper use of the armed forces of a State to commit aggression against another State is not countenanced by this Convention, the purpose of which is specifically to combat one of the most deleterious scourges facing the modern world.To condone acts of aggression would effectively mean to condone breaches of international law and the Charter, and to set off conflicts with unpredicatable consequences that would undermine the necessary cohesion of the international community in the fight against the real scourges afflicting the world.Moreover, it is the understanding of the Republic of Cuba that the full extent of the provisions of this Convention will apply to the activities conducted by the armed forces of a state against another in the absence of an armed conflict between the two.Lastly, Cuba wishes to place on record that a United States naval base is located, against the will of the Cuban people and Government, in the province of Guantanamo, a portion of Cuban territory over which the Cuban State does not exercise its rightful jurisdiction because of the unlawful occupation of such portion of its territory by the United States of America. Consequently, the Government of Cuba assumes no responsibility for that portion of its territory for the purposes of the Treaty, since it does not know whether the United States of America has installed, possesses, maintains or intends to install nuclear material, including nuclear weapons, on that portion of unlawfully occupied Cuban territory.Egypt<superscript>4</superscript>Reservation made upon signature:1. The Arab Republic of Egypt declares its commitment to article 4 of the Convention provided that the armed forces of a State do not violate the rules and principles of international law in the exercise of their duties under that article, and also provided that the article is not interpreted as excluding the activities of armed forces during an armed conflict from the scope of application of this Convention on the grounds that the activities of States - under certain legal circumstances - are not considered terrorist activities.2. The Arab Republic of Egypt declares that it does not consider itself bound by paragraph 1 of article 23 of the Convention.GeorgiaReservation:“… the Government of Georgia makes reservation that it does not consider itself bound by article 23, paragraph 1 of the International Convention for the Suppression of Acts of Nuclear Terrorism to submit to arbitration disputes concerning the interpretation or application of the Convention at the request of one of the State Party. ... "IndiaReservation:"India does not consider itself bound by the provision of Paragraph (1) of Article 23."MaltaDeclaration and reservation:“In terms of article 9, Malta will exercise jurisdiction in terms of paragraph 2 (a), (b), (d) and (e).The Government of Malta shall not be bound by the provision of paragraph 1 of article 23 of this Convention.”MoroccoReservationThe Kingdom of Morocco does not consider itself bound by article 23, paragraph 1, which provides that any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation or by other means may be referred to the International Court of Justice by application of one of the concerned parties.The Kingdom of Morocco declares that a dispute may be referred to the International Court of Justice only by agreement of all concerned parties on a case-by-case basis.QatarUpon signature:<i>Rerservation :</i>“... with reservation on the provisions of paragraph (1) of article 23 of the Convention.”Republic of MoldovaUpon ratification<i>Declaration:</i>“Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention will be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.”Russian FederationDeclaration:The position of the Russian Federation is that the provisions of article 16 of the Convention should be implemented in such a way as to ensure the inevitability of responsibility for the commission of offences falling within the scope of the Convention, without detriment to the effectiveness of international cooperation on the questions of extradition and legal assistance.Saudi ArabiaReservation:The Kingdom hereby declares that it does not consider itself bound by article 23, paragraph 1 of the Convention.St. LuciaDeclarations:“1. In accordance with Article 23 paragraph 2 of the Convention, the Government of Saint Lucia does not consider itself bound by the arbitration procedures established under Article 13 paragraph 1 of the Convention.2. That the explicit expressed consent of the Government of Saint Lucia would be necessary for any submission of any dispute to arbitration o[r] to the International Court of Justice.”St. Vincent and the GrenadinesReservation: “…, in accordance with Article 23, paragraph 2 of that Convention, the Government of Saint Vincent and the Grenadines declares that Saint Vincent and the Grenadines does not consider itself bound by Article 23, paragraph 1, of the Convention. The Government of Saint Vincent and the Grenadines considers that for the submission of any dispute to arbitration or to the International Court of Justice in terms of Article 23, paragraph 1, the consent of all parties to the dispute is required in each case.”Turkey<superscript>5</superscript>Upon ratification:Declaration:It is the understanding of the Republic of Turkey that the term international humanitarian law in article 4(2) of the International Convention for the Suppression of Acts of Nuclear Terrorism, refers to the legal instruments to which Turkey is already party to. The Article should not be interpreted as giving a different status to the armed forces and groups other than the armed forces of a state as currently understood and applied in international law and thereby creating new obligations for Turkey.Reservation:Pursuant to Article 23(2) of the Convention, the Government of the Republic of Turkey declares that it does not consider itself bound by Article 23(1) of the Convention.Upon signature:<i>Declaration:</i>"It is the understanding of the Republic of Turkey that the term international humanitarian law in Article 4(2) of the International Convention for the Suppression of Acts of Nuclear Terrorism, refers to the legal instruments to which Turkey is already party to. The Article should not be interpreted as giving a different status to the armed forces and groups other than the armed forces of a state as currently understood and applied in international law and thereby creating new obligations for the Republic of Turkey."<i>Reservation:</i>"Pursuant to Article 23 (2) of the Convention, the Government of the Republic of Turkey declares that it does not consider itself bound by article 23(1) of the Convention."United Arab EmiratesReservation:… the United Arab Emirates, having considered the text of the aforementioned Convention and approved the contents thereof, formally declares its accession to the Convention, subject to a reservation with regard to Article 23, paragraph 1 in respect of arbitration. The United Arab Emirates therefore does not consider itself bound by Article 23, paragraph 1 of the Convention.UzbekistanDeclaration:<i>"Article 16 of the Convention:</i>The Republic of Uzbekistan proceeds from the fact that the provisions of Article 16 of the Convention should be applied in such a way as to ensure the inevitability of responsibility for the crimes falling within the scope of the Convention, without prejudice to the effectiveness of international cooperation on extradition and legal assistance;<i>Paragraph 2 of Article 23 of the Convention:</i>The Republic of Uzbekistan declares that it does not consider itself bound by the provisions of paragraph 1 of article 23 of the Convention.”ArmeniaObjection to the declaration made by Azerbaijan upon ratification:“The Republic of Azerbaijan made a declaration on September 15, 2005 with regard to the International Convention for the Suppression of Acts of Nuclear Terrorism at the time of signature and confirmed when depositing the instrument of ratification. Given that the Republic of Armenia declares:The Republic of Azerbaijan deliberately misrepresents the essence of the Nagorno-Karabakh issue, with respect to cause and effect of the conflict. The conflict arose due to the policy of ethnic cleansing by the Republic of Azerbaijan followed by the massive military aggression against the self-determined Nagorno-Karabakh Republic - with the aim to repress the free will of the Nagorno-Karabakh population. As a result, the Republic of Azerbaijan has occupied several territories of the Nagorno-Karabakh Republic.”BelarusThe Republic of Belarus establishes its jurisdiction over the offences set forth in article 2 in cases envisaged in paragraph 2 of article 9 of the Convention.ChinaIn accordance with paragraph 3 of article 9 of the Convention, the People's Republic of China has established the jurisdiction specified in paragraph 2 of article 9 of the Convention.Côte d'Ivoire<right>25 October 2012</right>Article 9 (3) :The State of Côte d’Ivoire establishes its jurisdiction over the offences set forth in article 9 (2).Czech Republic"In accordance with article 9, paragraph 3 of the Convention, the Czech Republic notifies that it has established its jurisdiction over the offences set forth in article 2 of the Convention in cases referred to in article 9, subparagraph 2 (c) and 2 (d) of the Convention."Georgia"... In accordance with article 9, paragraph 3 of the Convention, Georgia establishes its jurisdiction over offences provided in article 9, paragraph 2, subparagraphs (a), (b), (c) and (d) of the Convention ..."Germany"… with reference to Article 9, paragraph 3 of the Convention, … the Federal Republic of Germany [makes] the following declaration:German criminal law may be applicable in the situations specified in article 9, paragraph 2.1. Article 9, paragraph 2 (a)Whether German criminal law is applicable depends on the specific circumstances of the individual case.If offences under the Convention are committed against a German national abroad, German criminal law is applicable in accordance with section 7 (1) of the Criminal Code, provided the act is punishable at the place of its commission or the place of its commission is not subject to any criminal jurisdiction.If the objective or result of the offence is a relevant act within German territory, section 9 of the Criminal Code may be applicable in certain cases. Pursuant to subsection (1) of section 9, German criminal law is applicable if the perpetrator acted in Germany, or if the result of his action is an element of the offence and occurs on German territory or should occur there according to his understanding. Pursuant to subsection (2), acts committed abroad by an accessory may also be covered if the principal act was committed in Germany or should have been committed there according to the accessory’s understanding.2. Article 9, paragraph 2 (b)Here, too, whether German criminal law is applicable depends on the specific circumstances of the individual case. German law may be applicable if one of the special circumstances mentioned above with respect to subparagraph (a) or below with respect to subparagraph (c) or (d) is given. In addition to those cases, German criminal law may also be applicable pursuant to section 6, paragraph 9 of the Criminal Code in conjunction with the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, of 14 December 1973.3. Article 9, paragraph 2 (c)German criminal law is applicable pursuant to section 7 (2) paragraph 2, regardless of the habitual residence of the stateless person, if he/she is found to be in Germany and the act is punishable at the place of its commission or is not subject to any criminal jurisdiction, if the perpetrator has not been extradited although the Extradition Act would permit extradition for such an act, because a request for extradition was not made within a reasonable period, has been rejected, or the extradition is not practicable. German criminal jurisdiction is thus excluded for various types of offences, in particular, minor offences, political offences and military offences (sections 3 (2) , 6 and 7 of the Act on International Legal Assistance in Criminal Matters respectively). Stateless persons are foreigners within the meaning of section 7 (2) 2 of the Criminal Code.4. Article 9, paragraph 2 (d)German criminal law is applicable pursuant to section 9 (1) of the Criminal Code, if the compulsion is part of the result of the act, and such result is an element of the crime.5. Article 9, paragraph 2 (e)Pursuant to section 4 of the Criminal Code, German criminal law is applicable to acts committed in an aircraft which is entitled to fly the federal flag or the national insignia of the Federal Republic of Germany (see also article 9, paragraph 1 (b), of the Convention)."Hungary"... the Republic of Hungary establishes its jurisdiction in cases mentioned in Article 9 (2) (b) and (e) of the Convention."Latvia"In accordance with paragraph 3 of the Article 9 of the Convention, the Republic of Latvia notifies that it has established its jurisdiction over all the offences enumerated in the paragraph 2 of the Article 9 of the Convention."Netherlands" ...Declaration in respect of article 9, paragraph 3 and paragraph 2, under a, of the Convention:In accordance with Article 9, paragraph 3, and with reference to Article 9, paragraph 2, under a, of the Convention, the Kingdom of the Netherlands, for the Kingdom of Europe, has established jurisdiction over the offences under the Convention when the offence is committed against a Dutch national.”Nigeria“The Federal Republic of Nigeria establishes its jurisdiction in cases mentioned in Article 9 (3).”Republic of Moldova“According to the Article 9 paragraph (3) of the Convention: the Republic of Moldova declares that the offences specified in the Article 2 of the Convention are going to be under its own jurisdiction in cases mentioned in the Article 9 paragraph (2) of this Convention.”Romania"In accordance with Article 9, paragraph 3 of the Convention, Romania declares that it establishes its jurisdiction over the offences set forth in Article 2, in all cases referred to in Article 9, paragraphs 1 and 2, in accordance with the applicable provisions of the domestic law."Russian FederationThe Russian Federation declares that in accordance with paragraph 3 of article 9 of the Convention it has established its jurisdiction over the offences set forth in article 2 of the Convention in cases envisaged in paragraphs 1 and 2 of article 9 of the Convention.Saudi ArabiaThe Secretary-General of the United Nations is hereby notified that the Kingdom has decided to establish the jurisdiction provided for in article 9, paragraph 2 of the Convention.Slovakia"Pursuant to article 9, paragraph 3, of the International Convention for the Suppression of Acts of Nuclear Terrorism, the Slovak Republic notifies that it has established its jurisdiction in accordance with article 9, paragraph 2, subparagraphs (c), (d) and (e) of the Convention."Slovenia<right>17 February 2010</right>"In accordance with Article 9 (3) of the Convention, the Republic of Slovenia hereby declares, that it has jurisdiction over all cases, defined in paragraphs 1 and 2 of Article 9 of the Convention.”SwitzerlandIn accordance with article 9, paragraph 3, of the International Convention for the Suppression of Acts of Nuclear Terrorism, Switzerland hereby declares that it establishes its criminal jurisdiction in respect of the offences set forth in article 2 of the Convention in the cases specified in article 9, paragraph 2 (a), (b), (d) and (e) thereof. With respect to article 9, paragraph 2 (c), jurisdiction is established where the offender is present in Switzerland or is extradited to Switzerland … .UzbekistanParagraph 3 of Article 9 of the Convention:The Republic of Uzbekistan notifies that it has established jurisdiction over criminal acts recognized under Article 2 of the Convention, in the cases described in paragraphs 1 and 2 of Article 9 of the Convention.13