1985 Ed.]

Extradition! Taking of Hostages)

[App. III

CM 3

Considering that the taking of hostages is an offence of grave concern to the international community and that, in accordance with the provisions of this Conven- tion, any person committing an act of hostage taking shall either be prosecuted or extradited.

Being convinced that it is urgently necessary to develop international co-operation between States in devising and adopting effective measures for the prevention. prosecution and punishment of all acts of taking hostages as manifestations of inter- national terrorism,

Have agreed as follows:

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ARTICLE I

1. Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person (hereinafter referred to as the "hostage") in order to compel a third party, namely, a State, an international intergovernmental organ- ization, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostages ("hostage-taking") within the meaning of this Convention.

2.

Any person who:

(a) attempts to commit an act of hostage-taking, or

(b) participates as an accomplice of anyone who commits or attempts to

commit an act of hostage-taking,

likewise commits an offence for the purposes of this Convention.

ARTICLE 2

Each State Party shall make the offences set forth in article 1 punishable by appropriate penalties which take into account the grave nature of those offences.

ARTICLE 3

1. The State Party in the territory of which the hostage is held by the offender shall take all measures it considers appropriate to ease the situation of the hostage, in particular, to secure his release and, after his release, to facilitate, when relevant, his departure.

2. If any object which the offender has obtained as a result of the taking of hostages comes into the custody of a State Party, that State Party shall return it as soon as possible to the hostage or the third party referred to in article 1, as the case may be, or to the appropriate authorities thereof.

ARTICLE 4

States Parties shall co-operate in the prevention of the offences set forth in article 1, particularly by:

(a) taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories, including measures to prohibit in their territories illegal activities of persons, groups and organizations that encourage, instigate, organize or engage in the perpetration of acts of taking hostages:

(b) exchanging information and co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those offences.

1.

ARTICLE 5

Each State Party shall take such measures as may be necessary to establish its jurisdiction over any of the offences set forth in article i which are committed:

(a) in its territory or on board a ship or aircraft registered in that State:

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