IE
S.I. No. 173/2002 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2002
Table of Provisions (9)
Statutory Text (9 Articles)
1. A 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.
ARTICLE 29
Authentic texts
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.
Part B
Reservations and Declarations to the Convention on the Safety of United Nations and Associated Personnel
(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance or accession.)
Belgium
Interpretative declaration
The Belgian Government declares the following: article 9, paragraph 1 (c) only covers cases where the threat is credible.
Costa Rica
Reservation
The Government of the Republic enters a reservation to article 2, paragraph 2 of the Convention, to the effect that limiting the scope of application of the Convention is contrary to the pacifist thinking of our country and, accordingly that, in the event of conflicts with the application of the Convention, Costa Rica will, where necessary, give precedence to humanitarian law.
Germany
Declaration
In accordance with German law, the authorities of the Federal Republic of Germany will communicate information on alleged offenders, victims and circumstances of the crime (personal data) directly to the states concerned and in parallel with this, will inform the Secretary-General of the United Nations that such information has been communicated.
Nepal
Declaration
“[The Government of Nepal] avails itself of the provisions of article 22 paragraph 22, and declares that it does not consider itself bound by the provisions of paragraph 1 of the said article under which any dispute between two or more States Parties concerning the interpretation or application of this Convention shall at the request of one of them, be submitted to arbitration or referred to the International Court of Justice, and states that in each individual case, prior consent of all parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice.”
Netherlands
Declaration
“The Kingdom of the Netherlands understands Article 14 of the Convention on the Safety of United Nations and Associated Personnel states that the competent national authorities must decide on a case submitted to them in accordance with national law and in the same manner as they would decide on ordinary offences of a grave nature. Consequently, the Kingdom of the Netherlands understands this provision to include the right of its competent judicial authorities to decide not to prosecute a person alleged to have committed a crime as referred to in Article 9, paragraph 1, if, in the opinion of the competent judicial authorities, grave considerations of procedural law indicate that effective prosecution would be possible.”
Tunisia
Reservation
The Tunisian Republic declares that it does not consider itself bound by the provisions of article 22, paragraph 1, of the Convention and that disputes concerning the interpretation or application of the Convention may be submitted to arbitration or to the International Court of Justice only with the prior consent of all the parties concerned.
Slovakia
Declaration made upon signature and confirmed upon ratification
“If a dispute concerning the interpretation or application of the Convention is not settled by negotiation, the Slovak Republic prefers its submission to the International Court of Justice in accordance with article 22, paragraph 1 of the Convention. Therefore a dispute, to which the Slovak Republic might be a Party can be submitted to arbitration only with the explicit consent of the Slovak Republic.””
SCHEDULE 4
TABLE
Countries with which the State has made an extradition agreement under section 8(2) of the Act of 1965
Places to which an extradition agreement or an arrangement under section 8(2) of the Act of 1965 applies
Paris Convention
Hague Convention
Montreal Convention
Montreal Protocol
Nuclear Materials Convention
Drug Trafficking Convention
Anti-Terrorism Convention
Convention Against Torture
Convention on the Safety of UN Personnel
Australian Treaty
United States Treaty
Afghanistan
X
X
X
X
Albania
X
X
X
X
X
X
X
X
Algeria
X
X
X
X
X
Andorra
X
X
Angola
X
X
Antigua and Barbuda
X
X
X
X
X
Argentina
X
X
X
X
X
X
X
Armenia
X
X
X
X
Australia
X
X
X
X
X
X
X
X
Austria
X
X
X
X
X
X
X
X
X
Azerbaijan
X
X
X
X
X
X
Bahamas
X
X
X
Bahrain
X
X
X
X
X
Bangladesh
X
X
X
X
X
Barbados
X
X
X
Belarus
X
X
X
X
X
X
X
Belgium
X
X
X
X
X
X
X
X
X
Belize
X
X
X
X
X
Benin
X
X
X
Bhutan
X
X
X
Bolivia
X
X
X
X
X
X
Bosnia and Herzegovina
X
X
X
X
X
X
Botswana
X
X
X
X
X
X
X
Brazil
X
X
X
X
X
X
X
Brunei Darussalam
X
X
X
X
X
Bulgaria
X
X
X
X
X
X
X
X
X
Burkina Faso
X
X
X
X
X
Burundi
X
X
X
Cambodia
X
X
X
X
Cameroon
X
X
X
X
Canada
X
X
X
X
X
X
X
Cape Verde
X
X
X
X
Central African Republic
X
X
X
X
Chad
X
X
X
X
Chile
X
X
X
X
X
X
X
China
X
X
X
X
X
X
Colombia
X
X
X
X
Comoros
X
X
X
Congo
X
X
Costa Rica
X
X
X
X
X
Cote d'lvoire
X
X
X
X
X
Croatia
X
X
X
X
X
X
X
X
Cuba
X
X
X
X
X
X
Cyprus
X
X
X
X
X
X
X
Czech Republic
X
X
X
X
X
X
X
X
X
Democratic People's Republic of
X
X
X
Korea
Democratic Republic of the Congo
X
X
X
Denmark
X
X
X
X
X
X
X
X
X
Djibouti
X
X
X
Dominica
X
Dominican Republic
X
X
X
Ecuador
X
X
X
X
X
X
Egypt
X
X
X
X
X
El Salvador
X
X
X
X
X
Eritrea
X
Equatorial Guinea
X
X
Estonia
X
X
X
X
X
X
X
X
Ethiopia
X
X
X
X
X
Fiji
X
X
X
X
X
Finland
X
X
X
X
X
X
X
X
X
France
X
X
X
X
X
X
X
X
X
Gabon
X
X
X
Gambia
X
X
X
X
Georgia
X
X
X
X
X
X
X
Germany
X
X
X
X
X
X
X
X
X
Ghana
X
X
X
X
X
Greece
X
X
X
X
X
X
X
X
X
Grenada
X
X
X
X
X
Guatemala
X
X
X
X
X
X
Guinea
X
X
X
X
X
X
Guinea-Bissau
X
X
X
Guyana
X
X
X
X
Haiti
X
X
X
Honduras
X
X
X
X
Hungary
X
X
X
X
X
X
X
X
X
Iceland
X
X
X
X
X
X
X
X
India
X
X
X
X
X
Indonesia
X
X
X
X
X
Iran (Islamic Republic of)
X
X
X
X
Iraq
X
X
X
X
Ireland
X
X
X
X
X
X
X
X
X
X
X
Israel
X
X
X
X
X
X
X
Italy
X
X
X
X
X
X
X
X
X
Jamaica
X
X
X
X
Japan
X
X
X
X
X
X
X
Jordan
X
X
X
X
X
Kazakhstan
X
X
X
X
X
Kenya
X
X
X
X
X
X
Kuwait
X
X
X
X
X
Kyrgyzstan
X
X
X
X
X
Lao People's Democratic
X
X
Republic
Latvia
X
X
X
X
X
X
X
Lebanon
X
X
X
X
X
X
Lesotho
X
X
X
X
X
Liberia
X
X
Libyan Arab Jamahiriya
X
X
X
X
X
X
X
Liechtenstein
X
X
X
X
X
X
X
X
Lithuania
X
X
X
X
X
X
X
X
X
Luxembourg
X
X
X
X
X
X
X
X
Madagascar
X
X
X
X
Malawi
X
X
X
X
Malaysia
X
X
X
Maldives
X
X
X
X
Mali
X
X
X
X
X
Malta
X
X
X
X
X
X
X
Marshall Islands
X
X
X
Mauritania
X
X
X
Mauritius
X
X
X
X
X
Mexico
X
X
X
X
X
X
Monaco
X
X
X
X
X
X
X
Mongolia
X
X
X
X
X
Morocco
X
X
X
X
X
Mozambique
X
X
Myanmar
X
X
X
X
Namibia
X
Nauru
X
X
X
Nepal
X
X
X
X
X
Netherlands
X
X
X
X
X
X
X
X
X
New Zealand
X
X
X
X
X
X
Nicaragua
X
X
X
Niger
X
X
X
X
Nigeria
X
X
X
X
Norway
X
X
X
X
X
X
X
X
X
Oman
X
X
X
X
Pakistan
X
X
X
X
X
Palau
X
X
X
Panama
X
X
X
X
X
X
X
Papua New Guinea
X
X
Paraguay
X
X
X
X
X
Peru
X
X
X
X
X
X
Philippines
X
X
X
X
X
X
Poland
X
X
X
X
X
X
X
X
Portugal
X
X
X
X
X
X
X
X
X
Qatar
X
X
X
X
Republic of Korea
X
X
X
X
X
X
X
Republic of Moldova
X
X
X
X
X
X
X
X
Romania
X
X
X
X
X
X
X
X
X
Russian Federation
X
X
X
X
X
X
X
X
X
Rwanda
X
X
Saint Kitts and Nevis
X
Saint Lucia
X
X
X
X
Saint Vincent and the
X
X
X
X
X
Grenadines
Samoa
X
X
X
San Marino
X
X
Sao Tome and Principe
X
Saudi Arabia
X
X
X
X
X
Senegal
X
X
X
X
X
Seychelles
X
X
X
X
Sierra Leone
X
X
X
X
Singapore
X
X
X
X
X
Slovakia
X
X
X
X
X
X
X
X
X
Slovenia
X
X
X
X
X
X
X
Somalia
X
Solomon Islands
X
South Africa
X
X
X
X
X
Spain
X
X
X
X
X
X
X
X
X
Sri Lanka
X
X
X
X
X
Sudan
X
X
X
X
X
Suriname
X
X
X
Swaziland
X
X
X
Sweden
X
X
X
X
X
X
X
X
X
Switzerland
X
X
X
X
X
X
X
Syrian Arab Republic
X
X
X
Tajikistan
X
X
X
X
X
X
Thailand
X
X
X
The Former Yugoslav Republic of
X
X
X
X
X
X
X
X
Macedonia
Togo
X
X
X
X
X
Tonga
X
X
X
Trinidad and Tobago
X
X
X
X
X
Tunisia
X
X
X
X
X
X
X
Turkey
X
X
X
X
X
X
X
X
Turkmenistan
X
X
X
X
X
X
Uganda
X
X
X
X
X
Ukraine
X
X
X
X
X
X
X
X
X
United Arab Emirates
X
X
X
X
United Kingdom
X
X
X
X
X
X
X
X
X
United Republic of
X
X
X
Tanzania
United
X
States of
X
X
X
X
X
X
America
Uruguay
X
X
X
X
X
X
Uzbekistan
X
X
X
X
X
X
X
Vanuatu
X
X
Venezuela
X
X
X
X
Viet Nam
X
X
X
X
Yemen
X
X
X
X
Yugoslavia, F.R. of
X
X
X
X
X
X
Zambia
X
X
X
X
Zimbabwe
X
X
X
Netherlands Antilles
X
Aruba
X
Given under the official seal of the Government this 17
th
day of April 2002
Bertie Ahern, T.D.
Taoiseach
3. Any State Party which has made a reservation in accordance with paragraph 2 may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
ARTICLE 23
Review meetings
At the request of one or more States Parties, and if approved by a majority of States Parties, the Secretary-General of the United Nations shall convene a meeting of the States Parties to review the implementation of the Convention and any problems encountered with regard to its application.
ARTICLE 24
Signature
This Convention shall be open for signature by all States, until 31 December 1995, at United Nations Headquarters in New York.
ARTICLE 25
Ratification, acceptance or approval
This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.
ARTICLE 26
Accession
This Convention shall be open for accession by any State. The instruments of accession shall be deposited with the Secretary- General of the United Nations.
ARTICLE 27
Entry into force
4. Each of those crimes shall be treated, for the purposes of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2 of article 10.
ARTICLE 16
Mutual assistance in criminal matters
5. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law..
ARTICLE 11
Prevention of crimes against United Nations and associated personnel
States Parties shall cooperate in the prevention of the crimes set out in article 9, particularly by
(a) Taking all practicable measures to prevent preparations in their respective territories for the commission of those crimes within or outside their territories; and
(b) Exchanging information in accordance with their national law and coordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.
ARTICLE 12
Communication of information
6. The Committee shall hold closed meetings when examining communications under this article.
7. The Committee shall forward its views to the State Party concerned and to the individual.
8. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by or on behalf of an individual shall be received under this article after the notification of withdrawal of the declaration has been received by the SecretaryGeneral, unless the State Party has made a new declaration.
Article 23
The members of the Committee and of the ad hoc conciliation commissions which may be appointed under article 21, paragraph I (e), shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
Article 24
The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.
PART III
Article 25
WHEREAS by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on the 10th day of December, 1984 (referred to subsequently in these recitals as the “Convention against Torture”, and the terms of which are set out in Part A of Schedule 7A of the Extradition Act, 1965 (Application of Part II) Order 2000 (
S.I. No. 474 of 2000
) (inserted by Article 3 (h) and Part A of Schedule 2 of this Order) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 4 thereof;
AND WHEREAS the Convention against Torture was ratified on behalf of the State on the 11
th
day of April 2002, and the declarations specified in Part B of the said Schedule 7A were made on behalf of the State;
AND WHEREAS the Convention against Torture has also been ratified, or acceded to, by the countries specified in that regard in the Table to Schedule 10 of the Extradition Act, 1965 (Application of Part II) Order, 2000 (
S.I. No. 474 of 2000
) (inserted by Article 3 (k) and Schedule 4 of this Order) subject to the reservations entered and declarations made by certain of the countries concerned specified in Part C of the said Schedule 7A;
AND WHEREAS by the Convention on the Safety of United Nations and Associated Personnel done at New York on the 9th day of December, 1994 (referred to subsequently in these recitals as the “Convention on the Safety of UN Personnel”, and the terms of which are set out in Part A of Schedule 7B of the Extradition Act 1965 (Application of Part II) Order 2000 (
S.I. No. 474 of 2000
) (inserted by Article 3 (i) and Part A of Schedule 3 of this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for offences specified in Article 9 thereof;
AND WHEREAS the Convention on the Safety of UN Personnel was acceded to on behalf of the State on the 28th day of March 2002;
AND WHEREAS the Convention on the Safety of UN Personnel has also been ratified or acceded to by the countries specified in that regard in the said Table, subject to the reservations entered and declarations made by certain of those countries concerned specified in Part B of the said Schedule 7B;
AND WHEREAS certain additional reservations have been entered to the Paris Convention the Hague Convention, the Montreal Convention, the Nuclear Material Convention, the Drug Trafficking Convention and the Anti-Terrorism Convention since the making of the Extradition Act, 1965 (Application of Part II) Order, 2000 (
S.I. No. 474 of 2000
), the texts of which are set out in Schedules 1, 2, 3, 5, 6 and 7 of that order as amended by Schedule 1 of this Order;
AND WHEREAS certain additional declarations have been made in relation to the Paris Convention, the Hague Convention, the Montreal Convention, the Nuclear Material Convention, the Drug Trafficking Convention and the Anti-Terrorism Convention since the making of the Extradition Act, 1965 (Application of Part II) Order, 2000 (
S.I. No. 474 of 2000
), the texts of which are set out in Schedules 1, 2, 3, 5, 6 and 7 of that order as amended by Schedule 1 of this Order;
NOW the Government, in exercise of the powers conferred on them by
section 8
of the
Extradition Act, 1965
(No. 17 of 1965), hereby make the following order