PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST  THE  SAFETYOFFIXED PLATFORMS LOCATED ON THE CONTINENTAL SHELF, 1988

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    THE STATES PARTIES TO THIS PROTOCOL,

    BEING PARTIES to the Convention for the Suppression of Unlawful Acts

against the Safety of Maritime Navigation,

    RECOGNIZING that the reasons for which the Convention was elaborated

also apply to fixed platforms located on the continental shelf,

    TAKING ACCOUNT of the provisions of that Convention,

    AFFIRMING that matters not regulated by this Protocol continue to be

governed by the rules and principles of general international law,

    HAVE AGREED as follows:

Article 1

    1. The provisions of Articles 5 and 7 and of Articles 10 to 16 of the

Convention for the Suppression of 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 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 committed:

        (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 State;

        (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 of the International

Maritime Organization (hereinafter referred 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 paragraph 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 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,  acceptance 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,

acceptance, 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.

Article 7

    1. This Protocol may be denounced by any State Party at any time after

the expiry of one year from the date on which this Protocol enters into

force for that State.

    2. Denunciation shall be effected by the deposit of an instrument of

denunciation with the Secretary-General.

    3. A denunciation shall take effect one year, or such longer period as

may be specified in the instrument of denunciation, after the receipt of

the instrument of denunciation by the Secretary-General.

    4. A denunciation of the Convention by a State Party shall be deemed

to be a denunciation of this Protocol by that Party.

Article 8

    1. A conference for the purpose of revising or amending this Protocol

may be convened by the Organization.

    2. The Secretary-General shall convene a conference of the States

Parties to this Protocol for revising or amending the Protocol, at the

request of one third of the States Parties, or five States Parties,

whichever is the higher figure.

    3. Any instrument of ratification, acceptance, approval or accession

deposited after the date of entry into force of an amendment to this

Protocol shall be deemed to apply to the Protocol as amended.

Article 9

    1. This Protocol shall be deposited with the Secretary-General.

    2. The Secretary-General shall:

        (a) inform all States which have signed this Protocol or acceded

thereto, and all Members of the Organization, of:

            (i) each new signature or deposit of an instrument of

ratification, acceptance, approval or accession, together with the date

thereof;

            (ii) the date of entry into force of this Protocol;

            (iii) the deposit of any instrument of denunciation of this

Protocol together with the date on which it is received and the date on

which the denunciation takes effect;

            (iv) the receipt of any declaration or notification made under

this Protocol or under the Convention, concerning this Protocol;

        (b) transmit certified true copies of this Protocol to all States

which have signed this Protocol or acceded thereto.

    3. As soon as this Protocol enters into force, a certified true copy

thereof shall be transmitted by the Depositary to the Secretary-General of

the United Nations for registration and publication in accordance with

Article 102 of the Charter of the United Nations.

Article 10

    This Protocol is established in a single original in the Arabic,

Chinese, English, French,  Russian and Spanish languages, each text being

equally authentic.

    IN WITNESS WHEREOF the undersigned, being duly authorized by their

respective Governments for that purpose, have signed this Protocol.

    DONE AT ROME this tenth day of March one thousand nine hundred and

eighty-eight.