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Being convinced of the urgent need to enhance international cooperation
between States in devising and adopting effective and practical measures for the
prevention of such acts of terrorism and for the prosecution and punishment of their
perpetrators,
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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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... 3. The provisions of paragraph 2 of the present article shall not be interpreted as
condoning or making lawful otherwise unlawful acts, or precluding prosecution
under other laws. ...
... 2. Upon being satisfied that the circumstances so warrant, the State Party in
whose territory the offender or alleged offender is present shall take the appropriate
measures under its national law so as to ensure that person’s presence for the
purpose of prosecution or extradition. ...
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1. The State Party in the territory of which the alleged offender is present shall,
in cases to which article 9 applies, if it does not extradite that person, be obliged,
without exception whatsoever and whether or not the offence was committed in its
territory, to submit the case without undue delay 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 other offence of a grave nature under the law of that State.
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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: ...
... 3. Unless the State Party from which a person is to be transferred in accordance
with the present article so agrees, that person, whatever his or her nationality, shall
not be prosecuted or detained or subjected to any other restriction of his or her
personal liberty in the territory of the State to which that person is transferred in
respect of acts or convictions anterior to his or her departure from the territory of
the State from which such person was transferred.
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The State Party where the alleged offender is prosecuted shall, in accordance
with its national law or applicable procedures, communicate the final outcome of
the proceedings to the Secretary-General of the United Nations, who shall transmit
the information to the other States Parties.
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