Nuclear Terrorism Convention
International Convention for the Suppression of Acts of Nuclear Terrorism | |
---|---|
Type | Anti-terrorism, international criminal law |
Drafted | 13 April 2005 |
Signed | 14 September 2005 (2005-09-14) |
Location | New York City, United States |
Effective | 7 July 2007 |
Condition | 22 ratifications |
Signatories | 115 |
Parties | 124 |
Depositary | United Nations Secretary-General |
Languages | Arabic, Chinese, English, French, Russian, and Spanish |
The Nuclear Terrorism Convention (formally, the International Convention for the Suppression of Acts of Nuclear Terrorism) is a 2005 United Nations treaty designed to criminalize acts of nuclear terrorism and to promote police and judicial cooperation to prevent, investigate and punish those acts. As of January 2024, the convention has 115 signatories and 124 state parties, including the nuclear powers China, France, India, Russia, the United Kingdom, and the United States.[1] Most recently, Palau ratified the convention on January 19, 2024.[2]
The Convention covers a broad range of acts and possible targets, including nuclear power plants and nuclear reactors; covers threats and attempts to commit such crimes or to participate in them, as an accomplice; stipulates that offenders shall be either extradited or prosecuted; encourages States to cooperate in preventing terrorist attacks by sharing information and assisting each other in connection with criminal investigations and extradition proceedings; and, deals with both crisis situations, assisting States to solve the situations and post-crisis situations by rendering nuclear material safe through the International Atomic Energy Agency (IAEA).
Definition of the crime of nuclear terrorism
Article 2 of the convention defines the offence of Nuclear terrorism as follows:
1. Any person commits an offence within the meaning of this Convention if that person unlawfully and intentionally:
(a) Possesses radioactive material or makes or possesses a device:
- (i) With the intent to cause death or serious bodily injury; or
- (ii) With the intent to cause substantial damage to property or to the environment;
(b) Uses in any way radioactive material or a device, or uses or damages a nuclear facility in a manner which releases or risks the release of radioactive material:
- (i) With the intent to cause death or serious bodily injury; or
- (ii) With the intent to cause substantial damage to property or to the environment; or
- (iii) With the intent to compel a natural or legal person, an international organization or a State to do or refrain from doing an act.[3]
At the same time, article 4 expressly excludes the application of the convention to the use of nuclear devices during armed conflicts, without recognizing though the legality of the use of nuclear weapons:
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.
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.
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.[4]
States parties
As of May 2024, 124 states are parties to the Convention.[5]
State party | Signed | Accessed | Entry into force |
---|---|---|---|
![]() | 29 December 2005 | 25 March 2013 | 24 April 2013 |
![]() | 23 November 2005 | 21 August 2023 | 20 September 2023 |
![]() | — | 3 March 2011 | 2 April 2011 |
![]() | — | 1 December 2009 | 31 December 2009 |
![]() | 14 September 2005 | 8 April 2016 | 8 May 2016 |
![]() | 15 September 2005 | 22 September 2010 | 22 October 2010 |
![]() | 14 September 2005 | 16 March 2012 | 15 April 2012 |
![]() | 15 September 2005 | 14 September 2006 | 7 July 2007 |
![]() | 15 September 2005 | 28 January 2009 | 27 February 2009 |
![]() | — | 4 May 2010 | 3 June 2010 |
![]() | — | 7 June 2007 | 7 July 2007 |
![]() | 15 September 2005 | 13 March 2007 | 7 July 2007 |
![]() | 14 September 2005 | 2 October 2009 | 1 November 2009 |
![]() | 15 September 2005 | 2 November 2017 | 2 December 2017 |
![]() | 7 December 2005 | 29 June 2017 | 29 July 2017 |
![]() | — | 12 July 2021 | 12 July 2021 |
![]() | 16 September 2005 | 25 September 2009 | 25 October 2009 |
![]() | 29 March 2006 | 24 September 2008 | 24 October 2008 |
![]() | 14 September 2005 | 21 November 2013 | 21 December 2013 |
![]() | — | 19 February 2008 | 20 March 2008 |
![]() | 22 September 2005 | 27 September 2010 | 20 March 2008 |
![]() | 14 September 2005 | 8 November 2010 | 8 December 2010 |
![]() | — | 12 March 2007 | 7 July 2007 |
![]() | 14 November 2023 | 14 December 2023 | |
![]() | 15 September 2005 | 21 February 2013 | 23 March 2013 |
![]() | — | 12 March 2012 | 11 April 2012 |
![]() | 16 September 2005 | 30 May 2007 | 7 July 2007 |
![]() | — | 17 June 2009 | 17 July 2009 |
![]() | 15 September 2005 | 28 January 2008 | 27 February 2008 |
![]() | 15 September 2005 | 25 July 2006 | 7 July 2007 |
![]() | — | 23 September 2010 | 23 October 2010 |
![]() | 14 September 2005 | 20 March 2007 | 7 July 2007 |
![]() | 14 June 2006 | 25 April 2014 | 25 May 2014 |
![]() | — | 11 June 2008 | 11 July 2008 |
![]() | 16 September 2005 | 27 November 2006 | 7 July 2007 |
![]() | — | 15 May 2008 | 14 June 2008 |
![]() | 14 September 2005 | 13 January 2009 | 12 February 2009 |
![]() | 14 September 2005 | 11 September 2013 | 11 October 2013 |
![]() | 15 September 2005 | 1 October 2007 | 31 October 2007 |
![]() | — | 23 April 2010 | 23 May 2010 |
![]() | 15 September 2005 | 8 February 2008 | 9 March 2008 |
![]() | 20 September 2005 | 26 September 2018 | 25 October 2018 |
![]() | — | 6 August 2008 | 5 September 2008 |
![]() | 14 September 2005 | 12 April 2007 | 7 July 2007 |
![]() | 24 July 2006 | 1 December 2006 | 7 July 2007 |
![]() | — | 30 September 2014 | 30 October 2014 |
![]() | — | 13 May 2013 | 12 June 2013 |
![]() | 14 September 2005 | 21 October 2016 | 20 November 2016 |
![]() | 5 December 2006 | 27 December 2013 | 26 January 2014 |
![]() | 15 September 2005 | 3 August 2007 | 2 September 2007 |
![]() | 16 November 2005 | 29 January 2016 | 28 February 2016 |
![]() | 16 September 2005 | 31 July 2008 | 2 September 2007 |
![]() | 15 September 2005 | 13 April 2006 | 7 July 2007 |
![]() | 15 September 2005 | 26 September 2008 | 26 October 2008 |
![]() | 16 September 2005 | 29 May 2014 | 28 June 2014 |
![]() | 16 September 2005 | 5 September 2013 | 5 October 2013 |
![]() | 5 May 2006 | 2 October 2007 | 1 November 2007 |
![]() | 16 September 2005 | 25 July 2006 | 7 July 2007 |
![]() | 23 September 2005 | 13 November 2006 | 7 July 2007 |
![]() | 16 September 2005 | 22 September 2010 | 22 October 2010 |
![]() | 16 September 2005 | 22 December 2008 | 21 January 2009 |
![]() | 16 September 2005 | 25 September 2009 | 21 January 2009 |
![]() | 16 September 2005 | 19 July 2007 | 18 August 2007 |
![]() | 15 September 2005 | 2 October 2008 | 1 November 2008 |
![]() | 15 September 2005 | 15 February 2017 | 17 March 2017 |
![]() | — | 7 October 2009 | 6 November 2009 |
![]() | — | 5 November 2009 | 5 December 2009 |
![]() | 15 September 2005 | 26 September 2012 | 26 October 2012 |
![]() | — | 28 April 2008 | 28 May 2008 |
![]() | 12 January 2006 | 27 June 2006 | 7 July 2007 |
![]() | 16 September 2005 | 18 April 2008 | 18 May 2008 |
![]() | 3 November 2005 | 6 October 2006 | 7 July 2007 |
![]() | 23 October 2006 | 13 February 2019 | 15 March 2019 |
![]() | 19 April 2006 | 31 March 2010 | 30 April 2010 |
![]() | — | 2 September 2016 | 2 October 2016 |
![]() | — | 24 August 2010 | 23 September 2010 |
![]() | 16 September 2005 | 30 June 2010 | 30 July 2010 |
![]() | 14 September 2005 | 18 March 2016 | 17 April 2016 |
![]() | 15 September 2005 | 25 February 2009 | 27 March 2009 |
![]() | — | 2 July 2008 | 1 August 2008 |
![]() | — | 25 September 2012 | 25 October 2012 |
![]() | 16 September 2005 | 19 March 2007 | 7 July 2007 |
![]() | 16 September 2005 | 20 February 2014 | 22 March 2014 |
![]() | — | 21 October 2022 | 20 November 2022 |
![]() | 15 September 2005 | 19 January 2024 | 18 February 2024 |
![]() | 21 February 2006 | 21 June 2007 | 21 July 2007 |
![]() | 16 September 2005 | 29 January 2009 | 28 February 2009 |
![]() | 14 September 2005 | 29 May 2009 | 28 June 2009 |
![]() | 14 September 2005 | 8 April 2010 | 8 May 2010 |
![]() | 21 September 2005 | 25 September 2014 | 25 October 2014 |
![]() | 16 February 2006 | 15 January 2014 | 14 February 2014 |
![]() | 14 September 2005 | 24 January 2007 | 7 July 2007 |
![]() | 14 September 2005 | 29 January 2007 | 7 July 2007 |
![]() | — | 13 August 2020 | 11 September 2020 |
![]() | — | 12 November 2012 | 12 December 2012 |
![]() | — | 8 July 2010 | 7 August 2010 |
![]() | — | 16 December 2014 | 15 January 2015 |
![]() | 26 December 2006 | 7 December 2007 | 6 January 2008 |
![]() | 15 September 2005 | 26 September 2006 | 7 July 2007 |
![]() | 1 December 2006 | 2 August 2017 | 1 September 2017 |
![]() | 15 September 2005 | 23 March 2006 | 7 July 2007 |
![]() | 14 September 2005 | 17 December 2009 | 16 January 2010 |
![]() | — | 24 September 2009 | 24 October 2009 |
![]() | 14 September 2005 | 9 May 2007 | 7 July 2007 |
![]() | 14 September 2005 | 22 February 2007 | 7 July 2007 |
![]() | 14 September 2005 | 27 September 2007 | 27 October 2007 |
![]() | 29 December 2017 | ||
![]() | 14 September 2005 | 18 August 2014 | 17 September 2014 |
![]() | 14 September 2005 | 15 October 2008 | 14 November 2008 |
![]() | 14 September 2005 | 29 June 2022 | 29 July 2022 |
![]() | 14 September 2005 | 2 May 2019 | 1 June 2019 |
![]() | — | 28 September 2010 | 28 October 2010 |
![]() | 14 September 2005 | 24 September 2012 | 24 October 2012 |
![]() | — | 28 March 2008 | 27 April 2008 |
![]() | 14 September 2005 | 25 September 2007 | 25 October 2007 |
![]() | — | 10 January 2008 | 9 February 2008 |
![]() | 14 September 2005 | 24 September 2009 | 24 October 2009 |
![]() | 14 September 2005 | 30 September 2015 | 30 October 2015 |
![]() | 16 September 2005 | 4 March 2016 | 3 April 2016 |
![]() | — | 29 April 2008 | 29 May 2008 |
![]() | — | 27 September 2016 | 27 October 2016 |
![]() | — | 13 October 2014 | 12 November 2014 |
![]() | — | 7 April 2017 | 7 May 2017 |
![]() | — | 28 September 2023 | 28 October 2023 |
Signatories which are not parties
The following states have signed, but not ratified, the Convention.[6]
State | Signed |
---|---|
![]() | 11 May 2006 |
![]() | 14 September 2005 |
![]() | 21 September 2005 |
![]() | 7 December 2006 |
![]() | 1 November 2006 |
![]() | 16 September 2005 |
![]() | 15 September 2005 |
![]() | 20 September 2005 |
![]() | 14 September 2005 |
![]() | 15 September 2005 |
![]() | 6 November 2006 |
![]() | 15 September 2005 |
![]() | 16 September 2005 |
![]() | 15 September 2005 |
![]() | 16 September 2005 |
![]() | 15 September 2005 |
![]() | 27 December 2006 |
![]() | 16 September 2005 |
![]() | 16 September 2005 |
![]() | 14 September 2005 |
![]() | 14 September 2005 |
![]() | 1 May 2006 |
![]() | 15 September 2005 |
![]() | 6 March 2006 |
![]() | 19 December 2005 |
![]() | 21 September 2005 |
![]() | 7 October 2005 |
![]() | 14 September 2005 |
![]() | 14 September 2005 |
![]() | 15 September 2005 |
See also
Notes
References
- ^ Ratifications.
- ^ "2024 Palau". United Nations : Office on Drugs and Crime. Retrieved 27 July 2024.
- ^ Nuclear Terrorism Convention, art. 1.
- ^ Nuclear Terrorism Convention, art. 4.
- ^ "Disarmament Treaties Database: International Convention for the Suppression of Acts of Nuclear Terrorism". United Nations Office for Disarmament Affairs. Retrieved 10 February 2021.
- ^ "International Convention for the Suppression of Acts of Nuclear Terrorism". United Nations Treaty Collection. 16 October 2022. Retrieved 16 October 2022.
Further reading
- Heather R. Demner, The Nuclear Terrorism Convention: Will Detainees be classified as "enemy combatants" by the United States? 12 ILSA Journal of International & Comparative Law, 641 (2006).
- C.F. Diaz-Paniagua, Negotiating terrorism: The negotiation dynamics of four UN counter-terrorism treaties, 1997–2005[permanent dead link], City University of New York (2008).
- Odette Jankowitsch-Prevor, International Convention for the Suppression of Acts of Nuclear Terrorism, 76 OECD/NEA Nuclear Law Bulletin (2005).
- Christopher C. Joyner Countering Nuclear Terrorism: A Conventional Response, 18 European Journal of International Law 225 (2007).
- Introductory note by A. Rohan Perera, procedural history note and audiovisual material on the International Convention for the Suppression of Acts of Nuclear Terrorism in the Historic Archives of the United Nations Audiovisual Library of International Law
External links
- Text.
- Ratifications.