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【名稱】


《反對劫持人質國際公約》

 (International Convention against the Taking of Hostages)

【發布單位】聯合國大會
【發布日期】西元一九七九年十二月十七日通過


【內容】

  本公約各締約國,銘記著「聯合國憲章」中有關維持國際和平與安全及促進各國間友好合作關係與合作的宗旨及原則,特別認識到人人享有「世界人權宣言」和「公民權利或政治權利國際公約」所規定的生命、自由和人身安全的權利。
  重申「聯合國憲章」和「關於各國依聯合國憲章建立友好關係和合作的國際法原則宣言」以及大會其他有關決議所闡明的各國人民的平等權利和自決原則,考慮到劫持人質是引起國際社會嚴重關切的罪行,按照本公約的規定,對任何犯劫持人質罪行者必須予以起或引渡,深信迫切需要在各國之間發展國際合作,制訂和採取有效措施,以防止作為恐怖主義的表現的一切劫持人質行為,並對犯有此項罪行者予以起訴和懲罰,已達成協議如下:
  The states parties to this convention,
  Having in mind the purposes and principles of the charter of the united nations concerning the maintenance of international peace and security and the promotion of friendly relations and co-operation among states,
  Recognizing in particular that everyone has the right to life, liberty and security of person, as set out in the universal declaration of human rights and the international covenant on civil and political rights,
  Reaffirming the principle of equal rights and self-determination of peoples as enshrined in the charter of the united nations and the declaration on principles of international law concerning friendly relations and co-operation among states in accordance with the charter of the united nations, as well as in other relevant resolutions of the general assembly,
  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 convention, 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 of hostages as manifestations of international terrorism,
  have agreed as follows:

第1條


  一、任何人如劫持或扣押並以殺死、傷害或繼續扣押另一個人(以稱「人質」)為威脅,以強迫第三方,即某個國家、某個國際政府間組織,某個自然人或法人或某一群人,作或不作某種行為,作為釋放人質的明示或暗示條件,即為犯本公約意義範圍內的劫持人質罪行。
  二、任何人
  (a)圖謀劫持人質,或
  (b)與實行或圖謀劫持人質者同謀而參與其事,也同樣犯有本公約意義下的罪行。

ARTICLE 1


  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 organization, 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:
  1.attempts to commit an act of hostage-taking, or
  2.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.

第2條


  每一締約國應按照第一條所稱罪行的嚴重性處以適當的懲罰。

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.

第3條


  一、犯罪在其領土內劫持人質的締約國,應採取它認為適當的一切措施,以期緩和人質的處境,特別是設法使人質獲得釋放,並於人質獲釋後,如有必要,便利人質離開。
  二、如締約國已將罪犯因劫持人質而獲得的物品收管,該締約國該儘快將該物品歸還人質本人或第一條所稱第三方,或歸還其適當當局。

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.

第4條


  各締約國應合作防止第一條所稱罪行,特別是:
  (a)採取一切實際可行的措施,以防止為在其領土內外進行此等犯罪行為而在其領土內所作的準備,包括禁止鼓勵、煽動、籌劃或參與劫持人質行為的個人、團體和組織在其領土內從事非法活動的措施;
  (b)交換情報並協同採取行政和其他適當措施,以防止此等罪行的發生。

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

第5條


  一、每一締約國應採取必要的措施來確立該國對第一條所稱任何罪行的管轄權,如果犯罪行為是:
  (a)發生在該國領土內或在該國登記的船隻或飛機上,
  (b)該國任何一個國民所犯的罪行,或經常居住於其領土內的無國籍人(如該國認為恰當時)所犯的罪行,
  (c)為了強迫該國作或不作某種行為,
  (d)以該國國民為人質,而該國認為適當時。
  二、每一締國於嫌疑犯在本國領土內,而不將該嫌犯引渡至本條第一款所指的任何國家時,也應採取必要措施,對第一條所稱的罪行確立其管轄權。

ARTICLE 5


  1.Each State Party shall take such measures as may be necessary to establish its jurisdiction over any of the offences set forth in article 1 which are committed:
  (a)in its territory or on board a ship or aircraft registered in that State;
  (b)by any of its nationals or, if that State considers it appropriate, by those stateless persons who have their habitual residence in its territory;
  (c)in order to compel that State to do or abstain from doing any act; or
  (d)with respect to a hostage who is a national of that State, if that State considers it appropriate.
  2.Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 1 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this article.
  3.This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

第6條


  一、任何締約國,如嫌疑犯在其領土內,當判明情況有此需要時,應按照該國法律,在進行刑事訴訟或引渡程序所需要的時間內扣留該人或採取其他措施,以保證其留在該國境內。該締約國應立即進行初步調查,以查明事實。
  二、本條第一款所指的扣留或其他措施,應立即直接通知或經由聯合國秘書長通知:
  (a)犯罪地國家;
  (b)被強迫或被圖謀強迫的國家;
  (c)被強迫或被圖謀強迫的自然人或法人為該國國民的國家;
  (d)人質為該國國民的國家,或人質在該國領土內經常居住的國家;
  (e)嫌疑犯為該國國民的國家,如為無國籍人時,嫌疑犯在該國領土內經常居住的國家;
  (f)被強迫或被圖謀強迫的國際政府間組織。
  (g)其他任何有關國家。
  三、凡依本條第一款被採取措施的任何人有權:
  (a)亳不遲延地與最近的本國或有權與其建立聯繫的國家的適當代表取得聯繫,如為無國藉人時,則與其經常居住地國家的適當代表取得聯繫;
  (b)受到上述國家代表的探視。
  四、本條第三款所指權利的行使,應符合嫌疑犯所在國的法章規章能充分實現本條第三款給予這種權利的原定目的為限。
  五、本條第三款和第四款的規定不得妨礙依第五條第一款(b)項規定有管轄權的任何締約國邀請紅十字國際委員會與嫌疑犯建立聯繫和前往探視的權利。
  六、進行本條第一款所規定的初步調查的國家,應儘速將調查結果通知本條第二款所指的國家或組織,並說明它是否有意行使管轄權。

ARTICLE 6


  1.Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the alleged offender is present shall, in accordance with its laws, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. That State Party shall immediately make a preliminary inquiry into the facts.
  2.The custody or other measures referred to in paragraph 1 of this article shall be notified without delay directly or through the Secretary-General of the United Nations to:
  (a)the State where the offence was committed;
  (b)the State against which compulsion has been directed or attempted;
  (c)the State of which the natural or juridical person against whom compulsion has been directed or attempted is a national;
  (d)the State of which the hostage is a national or in the territory of which he has his habitual residence;
  (e)the State of which the alleged offender is a national or, if he is a stateless person, in the territory of which he has his habitual residence;
  (f)the international intergovernmental organization against which compulsion has been directed or attempted;
  (g).all other States concerned.
  3.Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled:
  (a)to communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to establish such communication or, if he is a stateless person, the State in the territory of which he has his habitual residence;
  (b)to be visited by a representative of that State.
   4.The rights referred to in paragraph 3 of this article shall be exercised in conformity with the laws and regulations of the State in the territory of which the alleged offender is present subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 of this article are intended.
  5.The provisions of paragraphs 3 and 4 of this article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with paragraph 1(b)of article 5 to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.
  6.The State which makes the preliminary inquiry contemplated in paragraph 1 of this article shall promptly report its findings to the States or organization referred to in paragraph 2 of this article and indicate whether it intends to exercise jurisdiction.

第7條


  對嫌疑犯提起公訴的締約國,應按照其法律將訴訟的最後結果通知聯合國秘書長。聯合國秘書長應將此項資料轉送其他有關國家和有關際政府間組織。

ARTICLE 7


  The State Party where the alleged offender is prosecuted shall in accordance with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States concerned and the international intergovernmental organizations concerned.

第8條


  一、領土內發現嫌疑犯的締約國,如不將該人引渡,應亳為例外地而且不論罪行是否在其領土內發生,通過該國法律規定的程序,將案件送交該國主管機關,以便提起公訴。此等機關應按該國法律處理任何普通嚴重罪行案件的方式作出判決。
  二、任何人因第一條所稱任何罪行而被起訴時,應保證他在訴訟的所有階段受到公平待遇,包括享有他所在地國家法律規定的一切權利和保障。

ARTICLE 8


  1.The State Party in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a grave nature under the law of that State.
  2.Any person regarding whom proceedings are being carried out in connexion with any of the offences set forth in article 1 shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the law of the State in the territory of which he is present.

第9條


  一、依照本公約提出引渡某一嫌疑犯的要求不得予以同意,如果收到此項要求的締約國有充分理由相信:
  (a)以第一條所稱罪行為理由而提出引渡要求,但目的在於因某一人的種族、宗教、國籍、民族根源或政治見解而予以起訴或懲罰;或
  (b)該人的處境可能因以下理由而受損害:
  (一)本款(a)項所述的任何理由,或
  (二)有權行使保護權利的國家的適當機關無法與其聯繫。
  二、關於本公約所述的罪行,凡在適用於締約國間的所有引渡條約和辦法中與本公約不相容的各項規定,在各締約國之間均被修改。

ARTICLE 9


  1.A request for the extradition of an alleged offender, pursuant to this Convention, shall not be granted if the requested State Party has substantial grounds for believing:
  (a)that the request for extradition for an offence set forth in article 1 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality, ethnic origin or political opinion; or
  (b)that the person's position may be prejudiced:
  (1)for any of the reasons mentioned in subparagraph(a)of this paragraph, or
  (2)for the reason that communication with him by the appropriate authorities of the State entitled to exercise rights of protection cannot be effected.
  2.With respect to the offences as defined in this Convention, the provisions of all extradition treaties and arrangements applicable between States Parties are modified as between States Parties to the extent that they are incompatible with this Convention.

第10條


  一、第一條所稱各項罪行,均應視為締約國間現有任何引渡條約已經列為可以引渡的罪行。各締約國承諾在以後彼此間締結的所有引渡條約中將此種罪行列為可以引渡的罪行。
  二、以訂有條約為引渡條件的締約國,如收到尚未與該締約國訂立引渡條約的另一締約國的引渡要求,被請求國得自行決定將本公約視為就第一條所稱罪行進行引渡的法律根據。引渡應依照被請求國法律所規定的其他條件進行。
  三、不以訂有條約為引渡條件的各締約國應承認第一條所稱罪行為彼此之間可以引渡的罪行,但須符合被請求國法律所規定的條件。
  四、為了締約國間引渡的目的,第一條所稱罪行應視為不僅發生在實際發生地,而且也發生在按照第五條第一款的規定須確立其管轄權的國家的領土內。

ARTICLE 10


  1.The offences set forth in article 1 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.
  2.If 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 may at its option consider this Convention as the legal basis for extradition in respect of the offences set forth in article 1. Extradition shall be subject to the other conditions provided by the law of the requested State.
  3.States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article 1 as extraditable offences between themselves subject to the conditions provided by the law of the requested State.
  4.The offences set forth in article I shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of article 5.

第11條


  一、各締約國對就第一條所稱罪行提起的刑事訴訟應互相給予最大限度的協助,包括提供它們掌握的為訴訟程序所需的一切證據。
  二、本條第一款的規定不應影響任何其他條約中關於互相提供司法協助的義務。

ARTICLE 11


  1.States Parties shall afford one another the greatest measure of assistance in connexion with criminal proceedings brought in respect of the offences set forth in article 1, including the supply of all evidence at their disposal necessary for the proceedings.
  2.The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.

第12條


  在關於保護戰爭受害者的一九四九年日內瓦各項公約,或這些公約的附加議定書可以適用於某一劫持人質行為,並且本公約締約國受各該項公約約束,有責任起訴或交出劫持人質者的情況下,本公約不適用於一九四九年日內瓦各項公約及其議定書中所稱的武裝衝突中所進行的劫持人質行為,包括一九七七年第一號附加議定書第一條第四款所提到的武裝衝突--即各國人民為行使「聯合國憲章」和「關於各國依聯合國憲章建立友好關係和合作的國際法原則宣言」所闡明的自決權利而進行的反抗殖民統治和外國占領以及反抗種族主義政權的武裝衝突。

ARTICLE 12


  In so far as the Geneva Conventions of 1949 for the protection of war victims or the Additional Protocols to those Conventions are applicable to a particular act of hostage-taking, and in so far as States Parties to this Convention are bound under those conventions to prosecute or hand over the hostage-taker, the present Convention shall not apply to an act of hostage-taking committed in the course of armed conflicts as defined in the Geneva Conventions of 1949 and the Protocols thereto, including armed conflicts mentioned in article 1, paragraph 4, of Additional Protocol I of 1977, in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self- determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.

第13條


  如果罪行僅發生在一個國家內,而人質和嫌疑犯都是該國國民,且嫌疑犯也是在該國領土內被發現的,本公約即不適用。

ARTICLE 13


  This Convention shall not apply where the offence is committed within a single State, the hostage and the alleged offender are nationals of that State and the alleged offender is found in the territory of that State.

第14條


  本公約任何規定均不得解釋為可以違背「聯合國憲章」,侵害一國的領土完整或政治獨立。

ARTICLE 14


  Nothing in this Convention shall be construed as justifying the violation of the territorial integrity or political independence of a State in contravention of the Charter of the United Nations.

第15條


  本公約的條款不應影響本公約通過之日已經生效的各項庛護條約在各該條約締約國間的適用;但本公約締約國不得對並非此等庛護條約締約國的本公約另一締約國援用此等庛護條約。

ARTICLE 15


  The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those treaties.

第16條


  一、兩個或兩個以上的締約國之間關於本公約的解釋或適用方面的任何爭端,如不能談判解決,經締約國一方要求,應交付仲裁。如果自要求仲裁之日起六個月內,當事各方不就仲裁的組織達成協議,任何一方得依照「國際法院規約」提出請求,將爭端提交國際法院審理。
  二、每一個國家在簽署或批准本公約或加入本公約時,得聲明該國不受本條第一款的約束。其他締約國對於作出這項保留的任何締約國,也不受本條第一款的約束。
  三、依照本條第二款的規定作出保留的任何締約國,得隨時通知聯合國秘書長撤回該項保留。

ARTICLE 16


  1.Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from 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 request in conformity with the Statute of the Court.
  2.Each State may at the time of signature or ratification of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party which has made such a reservation.
  3.Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General in the United Nations.

第17條


  一、本公約在一九八○年十二月三十一日以前在紐約聯合國總部開放給所有國家簽字。
  二、本公約經批准。批准書應交存聯合國秘書長。
  三、本公約開放給任何國家加入。加入書應交存聯合國秘書長。

ARTICLE 17


  1.This Convention is open for signature by all States until 31 December 1980 at United Nations Headquarters in New York.
  2.This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
  3.This Convention is open for accession by any State. The instruments of accession shall be deposited with the Secretary- General of the United Nations.

第18條


  一、本公約應自第二十二份批准書或加入書交存聯合國秘書長之後第三十天開始生效。
  二、對於在第二十二份批准書或加入書交存後批准或加入本公約的每一國家,本公約應在該國交存其批准書或加入書後第三十天對該國開始生效。

ARTICLE 18


  1.This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.
  2.For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

第19條


  一、任何締約國得用書面通知聯合國秘書長退出本公約。
  二、在聯合國秘書長接到通知之日起一年後,退出即行生效。

ARTICLE 19


  1.Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.
  2.Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations.

第20條


  本公約原本應交存聯合國秘書長,其阿拉伯文、中文、英文、法文、俄文和西班牙文各文本具有同等效力。聯合國秘書長應將本公約的正式副本分送所有國家。
  本公約於一九七九年十二月十八日在紐約開放簽字,下列簽署人經各自政府正式授權,在本公約上簽字,以昭信守。

ARTICLE 20


  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.
  IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 18 December 1979.


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