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The States Parties to this Convention,
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Recalling also that, pursuant to General Assembly resolution 51/210, an ad hoc
committee was established to elaborate, inter alia, an international convention for
the suppression of acts of nuclear terrorism to supplement related existing
international instruments,
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Noting that the activities of military forces of States are governed by rules of
international law outside of the framework of this Convention and that the exclusion
of certain actions from the coverage of this Convention does not condone or make
lawful otherwise unlawful acts, or preclude prosecution under other laws,
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Noting that the activities of military forces of States are governed by rules of
international law outside of the framework of this Convention and that the exclusion
of certain actions from the coverage of this Convention does not condone or make
lawful otherwise unlawful acts, or preclude prosecution under other laws,
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For the purposes of this Convention:
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1. Any person commits an offence within the meaning of this Convention if that
person unlawfully and intentionally: ...
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This Convention shall 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
under article 9, paragraph 1 or 2, to exercise jurisdiction, except that the provisions
of articles 7, 12, 14, 15, 16 and 17 shall, as appropriate, apply in those cases.
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1. Nothing in this Convention shall affect other rights, obligations and
responsibilities of States and individuals under international law, in particular the
purposes and principles of the Charter of the United Nations and international
humanitarian law. ...
... 2. The activities of armed forces during an armed conflict, as those terms are
understood under international humanitarian law, which are governed by that law
are not governed by this Convention, and the activities undertaken by military
forces of a State in the exercise of their official duties, inasmuch as they are
governed by other rules of international law, are not governed by this Convention. ...
... 2. The activities of armed forces during an armed conflict, as those terms are
understood under international humanitarian law, which are governed by that law
are not governed by this Convention, and the activities undertaken by military
forces of a State in the exercise of their official duties, inasmuch as they are
governed by other rules of international law, are not governed by this Convention. ...
... 4. This Convention does not address, nor can it be interpreted as addressing, in
any way, the issue of the legality of the use or threat of use of nuclear weapons by
States.
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Each State Party shall adopt such measures as may be necessary, including,
where appropriate, domestic legislation, to ensure that criminal acts within the
scope of this Convention, in particular where they are intended or calculated to
provoke a state of terror in the general public or in a group of persons or particular
persons, are under no circumstances justifiable by considerations of a political,
philosophical, ideological, racial, ethnic, religious or other similar nature and are
punished by penalties consistent with their grave nature.
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... 2. States Parties shall take appropriate measures consistent with their national
law to protect the confidentiality of any information which they receive in
confidence by virtue of the provisions of this Convention from another State Party
or through participation in an activity carried out for the implementation of this
Convention. If States Parties provide information to international organizations in
confidence, steps shall be taken to ensure that the confidentiality of such
information is protected. ...
... 2. States Parties shall take appropriate measures consistent with their national
law to protect the confidentiality of any information which they receive in
confidence by virtue of the provisions of this Convention from another State Party
or through participation in an activity carried out for the implementation of this
Convention. If States Parties provide information to international organizations in
confidence, steps shall be taken to ensure that the confidentiality of such
information is protected. ...
... 3. States Parties shall not be required by this Convention to provide any
information which they are not permitted to communicate pursuant to national law
or which would jeopardize the security of the State concerned or the physical
protection of nuclear material. ...
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For purposes of preventing offences under this Convention, States Parties shall
make every effort to adopt appropriate measures to ensure the protection of
radioactive material, taking into account relevant recommendations and functions of
the International Atomic Energy Agency.
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... 3. Upon ratifying, accepting, approving or acceding to this Convention, each
State Party shall notify the Secretary-General of the United Nations of the
jurisdiction it has established under its national law in accordance with paragraph 2
of the present article. Should any change take place, the State Party concerned shall
immediately notify the Secretary-General. ...
... 5. This Convention does not exclude the exercise of any criminal jurisdiction
established by a State Party in accordance with its national law.
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Any person who is taken into custody or regarding whom any other measures
are taken or proceedings are carried out pursuant to this Convention shall be
guaranteed fair treatment, including enjoyment of all rights and guarantees in
conformity with the law of the State in the territory of which that person is present
and applicable provisions of international law, including international law of human
rights.
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1. The offences set forth in article 2 shall be deemed to be included as
extraditable offences in any extradition treaty existing between any of the States
Parties before the entry into force of this Convention. States Parties undertake to
include such offences as extraditable offences in every extradition treaty to be
subsequently concluded between them. ...
... 2. When a State Party which makes extradition conditional on the existence of a
treaty receives a request for extradition from another State Party with which it has
no extradition treaty, the requested State Party may, at its option, consider this
Convention as a legal basis for extradition in respect of the offences set forth in
article 2. Extradition shall be subject to the other conditions provided by the law of
the requested State. ...
... 5. The provisions of all extradition treaties and arrangements between States
Parties with regard to offences set forth in article 2 shall be deemed to be modified
as between States Parties to the extent that they are incompatible with this
Convention.
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Nothing in this Convention shall be interpreted as imposing an obligation to
extradite or to afford mutual legal assistance if the requested State Party has
substantial grounds for believing that the request for extradition for offences set
forth in article 2 or for mutual legal assistance with respect to such offences has
been made for the purpose of prosecuting or punishing a person on account of that
person’s race, religion, nationality, ethnic origin or political opinion or that
compliance with the request would cause prejudice to that person’s position for any
of these reasons.
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1. A person who is being detained or is serving a sentence in the territory of one
State Party whose presence in another State Party is requested for purposes of
testimony, identification or otherwise providing assistance in obtaining evidence for
the investigation or prosecution of offences under this Convention may be
transferred if the following conditions are met: ...
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States Parties shall conduct consultations with one another directly or through
the Secretary-General of the United Nations, with the assistance of international
organizations as necessary, to ensure effective implementation of this Convention.
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The States Parties shall carry out their obligations under this Convention in a
manner consistent with the principles of sovereign equality and territorial integrity
of States and that of non-intervention in the domestic affairs of other States.
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Nothing in this Convention entitles a State Party to undertake in the territory
of another State Party the exercise of jurisdiction and performance of functions
which are exclusively reserved for the authorities of that other State Party by its
national law.
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1. Any dispute between two or more States Parties concerning the interpretation
or application of this Convention which cannot be settled through negotiation within
a reasonable time shall, at the request of one of them, be submitted to arbitration. If,
within six months of the date of the request for arbitration, the parties are unable to
agree on the organization of the arbitration, any one of those parties may refer the
dispute to the International Court of Justice, by application, in conformity with the
Statute of the Court. ...
... 2. Each State may, at the time of signature, ratification, acceptance or approval of
this Convention or accession thereto, declare that it does not consider itself bound
by paragraph 1 of the present article. The other States Parties shall not be bound by
paragraph 1 with respect to any State Party which has made such a reservation.
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1. This Convention shall be open for signature by all States from 14 September
2005 until 31 December 2006 at United Nations Headquarters in New York. ...
... 2. This Convention is subject to ratification, acceptance or approval. The
instruments of ratification, acceptance or approval shall be deposited with the
Secretary-General of the United Nations. ...
... 3. This Convention shall be open to accession by any State. The instruments of
accession shall be deposited with the Secretary-General of the United Nations.
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1. This Convention shall enter into force on the thirtieth day following the date of
the deposit of the twenty-second instrument of ratification, acceptance, approval or
accession with the Secretary-General of the United Nations. ...
... 2. For each State ratifying, accepting, approving or acceding to the Convention
after the deposit of the twenty-second instrument of ratification, acceptance,
approval or accession, the Convention shall enter into force on the thirtieth day after
deposit by such State of its instrument of ratification, acceptance, approval or
accession.
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... 2. For each State ratifying, accepting, approving or acceding to the Convention
after the deposit of the twenty-second instrument of ratification, acceptance,
approval or accession, the Convention shall enter into force on the thirtieth day after
deposit by such State of its instrument of ratification, acceptance, approval or
accession.
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1. A State Party may propose an amendment to this Convention. The proposed
amendment shall be submitted to the depositary, who circulates it immediately to all
States Parties. ...
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1. Any State Party may denounce this Convention by written notification to the
Secretary-General of the United Nations. ...
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The original of this Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations, who shall send certified copies thereof to
all States.
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IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by
their respective Governments, have signed this Convention, opened for signature at
United Nations Headquarters in New York on 14 September 2005.
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