Protocol for the Suppression
of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental
(Rome, 10 March 1988)
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
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:
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
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.
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;
(b) performs an act of violence against a
person on board a fixed platform if that act is likely to endanger its
(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 also commits an offence if that
(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.
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
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 paragraphs 1 and
2 of this article.
5. This Protocol does not exclude any criminal
jurisdiction exercised in accordance with national law.
Nothing in this Protocol shall affect in any
way the rules of international law pertaining to fixed platforms located
on the continental shelf.
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 to 9 March 1989 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
3. Ratification, acceptance, approval or accession
shall be effected by the deposit of an instrument to that effect with the
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.
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.
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.
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
1. This Protocol shall be deposited with the
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
(ii) the date of entry into force of this
(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.
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.