OBJECTIVES

1
OBJECTIVES

• Maintenance of international peace and security
• Recognizing right to life, liberty and security
  of persons
• Taking care of safety of persons and property at
  sea
• Safety of maritime navigation

2
OBJECTIVES cont.

• International cooperation
• Prosecution and punishment of perpetrators
• Prevention of unlawful Acts
• Prevention of acts of terrorism
• Security of passengers and crews

3
CURRENT SITUATION

• The Convention is already been enacted in our
  domestic legislation i.e by the Protection of
  Constitutional Democracy Against Terrorist and
  Related activities Act, 2004
• South Africa just needs to cooperate with the
  international community
• Accession will just be a way of formalizing such
  cooperation

4
PREAMBLE(2004Act)

• To provide for measures to prevent and combat
  terrorist and related activities to provide for
  an offence of terrorism and other offences
  associated or connected with terrorist
  activities to provide for convention offences

5
Cont. Pre-amble

• To give effect to international instruments
  dealing with terrorists and related activitiesto
  provide for a mechanism to comply with United
  Nations Security Council Resolutions which are
  binding on member states, in respect of
  terrorists and related activities

6
PRE-AMBLE continued

• To provide for measures to prevent and combat the
  financing of terrorists and related activities
  to provide for investigative measures in respect
  of terrorist and related activities and to
  provide for matters connected therewith

7
CHALLENGES

• South Africa needs to be part of the
  International maritime community
• Accession to international instruments is a
  priority
• Twelve counter-terrorism conventions in line with
  the United Nations Security Council Resolution
  1373exist

8
CONTINUATION (Challenges)

• All UN Member States are required to ratify or
  accede to all twelve
• SA has ratified nine of them and has been taken
  to task by UN for delaying in acceding to the
  remaining three.

9
CONTINUATION (Challenges)

• Further South Africa needs to participate in the
  amendments of the said Convention and its
  Protocol initiated by IMO but cannot without
  finalizing the accession process9

10
FINANCIAL IMPLICATIONS

• None , as domestic legislation is already in
  place and working very well.

11
APPLICATION (Art 4)

• If the ship is navigating or is scheduled
  tonavigate into
• throughor
• from waters beyond the outer limit of the
  territorial sea of a single state or
• the lateral limits of its territorial sea with
  adjacent States

12
ASSISTANCE,COOPERATION INFO SHARING (Articles
12, 13,1415)

• State Parties to assist one another in connection
  with criminal proceedings
• Cooperate in offence prevention
• Exchange information where necessary

13
EXTRADITION

• Offences under Art 3 are extraditable on
  condition there is an extradition Treaty between
  the parties

• If no Extradition
• Treaty the
• convention
• becomes the legal
• basis

14
DISPUTE RESOLUTION

• Negotiations w/in reasonable time ( as soon as
  possible)
• Failure matter taken for arbitration
• Failure International Court of Justice