New York, 15 December 1997
Objectives
The Convention expands the existing legal framework for international
cooperation in the investigation, prosecution, and extradition of persons who
engage in terrorist activities by establishing a regime of universal
jurisdiction to punish the crime of terrorist bombings.
The aim of the Convention is to provide a uniform mechanism for ensuring a
consistent global application of the penalization of the offences set forth in
the Convention. It provides that each State party must adopt such measures as
may be necessary to establish as a criminal offence under its domestic law such
offences and to make those offences punishable by appropriate penalties that
take into account the grave nature of the offences. Furthermore, there is an
obligation to establish the offences under the Convention as criminal offences
under a State party's domestic law where they are intended or calculated to
provoke a state of terror in the general public.
Key Provisions
State parties to the Convention are required to criminalize, under their
domestic laws, the unlawful and intentional use of explosives and other lethal
devices in, into or against various defined public places with intent to cause
death or serious bodily injury, or with intent to cause extensive destruction of
a public place. Furthermore, State parties are required to extradite or submit
for prosecution persons accused of committing or aiding in the commission of
such offences.
The Convention also covers attempts to commit the offence defined therein, as
well as contributions to the commission of the offence by a group of persons
acting with a common purpose.
The Convention does not apply where the offence is committed within a single
State, the alleged offender and the victims are nationals of that State, the
alleged offender is found in the territory of that State and no other State has
a basis for exercising jurisdiction.
The scope of the Convention extends beyond bombing attacks strictu sensu
since it encompasses attacks with "explosive or other lethal devices". In
addition, the Convention includes a wider range of potential targets than in
prior terrorism conventions by including references to Government or
infrastructure facilities, public transportation systems and any places of
public use.
The provisions of the Convention are not applicable to military activities
during armed conflict, nor to military activities within the exercise of the
official duties of the military but not during armed conflict.
As regards the jurisdiction over the offences, the Convention sets out a system of mandatory and discretionary jurisdiction. A State must take measures to establish the necessary jurisdiction in the event that an alleged offender is not extradited to a State with jurisdiction. The Convention does not exclude the exercise of any criminal jurisdiction established by a State party in accordance with its domestic law. The Convention also prohibits the exercise of extraterritorial enforcement jurisdiction.
One of the core provisions of the Convention covers the principle of extradition
or prosecution, whereby a State party that does not extradite an alleged
offender is obliged to proceed with the prosecution at the domestic
level.
The Convention also provides that the offences established therein are deemed to
be extraditable in any existing extradition treaty prior to the entry into force
of the Convention and that they are to be included in future extradition
treaties. In cases where a State party makes extradition conditional upon the
existence of a treaty and another State party requests an extradition when there
is no extradition treaty in force, then the Convention may be considered as a
legal basis for the extradition. Offences under the Convention shall be
recognized as extraditable offences between State Parties in cases where
extradition is not conditional on the existence of a treaty.