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1. An Instrument of Accession to the International Convention for the Suppression of Terrorist Bombings (hereafter referred to as “the Convention”) would be deposited with the United Nations (the depository of the Convention) after consideration of the Convention by the House and passage of the necessary implementation legislation. The Convention would enter into force for New Zealand 30 days after the deposit of the Instrument of Accession or 30 days after the deposit of the 22nd Instrument of Ratification or Accession to the Treaty, whichever occurs last. This Convention has been signed so far by 58 States; 16 have ratified.
2. New Zealand supports efforts to strengthen the rule of law at the international level, including through an effective network of multilateral legal instruments to combat terrorism. It is therefore appropriate that New Zealand moves now to become party to this Convention, which extends the coverage of and thereby builds upon a group of first-generation international anti-terrorism instruments which New Zealand has already ratified.
3. Participation in the Convention would assist the international community as well as New Zealand in its development of the tools necessary to deter and react effectively to well-organised acts of terrorist violence. The Convention establishes a system of wide shared jurisdiction, accompanied by an obligation to prosecute or extradite, which makes it less easy for a person committing an international terrorist act of the kind covered to find a safe haven. Becoming a party to the Convention signifies New Zealand’s agreement that other states party may assume a like jurisdiction over such terrorist acts, including where New Zealanders might be involved. But the Convention also requires that persons taken into custody be guaranteed fair treatment, including all rights and guarantees provided under that state’s laws as well as pursuant to applicable provisions of international law.
4. New Zealand would be obliged to criminalise any unlawful and intentional placement or detonation of a lethal device in or against a Government/State facility, an infrastructure facility, a public transportation system or any place of public use, with the intent of causing death, serious harm or extensive destruction. New Zealand is required to establish jurisdiction over such acts committed in New Zealand, by a New Zealander or against a vessel or aircraft registered in New Zealand. It also has the option (which it is proposed that New Zealand should take) of establishing jurisdiction in several other situations involving a national link, including when the offence is committed against one of its nationals, against one of its facilities abroad, or to compel it to do or abstain from doing something. It is also required to take jurisdiction to cover the situation where an offender is apprehended in New Zealand, including in a situation where there is no national link, since the Government must in such a situation either extradite or prosecute. The Convention does not apply to acts which are internal in all material respects to the State where they took place. Parties must also co-operate to prevent and counter preparations in their territories for the commission of acts covered by the Convention. Offences cannot be regarded for purposes of extradition or mutual assistance as political offences
5. The Convention also contains a dispute settlement mechanism that would require any dispute about the interpretation or application of the Treaty that cannot be settled through negotiation to be settled through arbitration or the International Court of Justice. While parties may take a reservation against the application of this mechanism, it is proposed that New Zealand should not do so, consistent with its support for multilateral mechanisms for the settlement of disputes.
6. Being a party to this Convention, along with the strengthened legislative provisions to give effect to it, might contribute to the deterral of the commission in New Zealand of the sorts of terrorist offences covered.
7. Becoming a party to the Convention will not have any financial, economic or revenue implications over and above the costs ordinarily associated with prosecution, mutual assistance and extradition procedures and cooperation in the prevention of offences.
8. There have not been any discussions regarding future protocols to the Convention.
9. Domestic implementing legislation will be needed. Provision has been made for a bill in this year’s legislative programme. Implementation is likely to require the creation of new criminal offences, the establishment of extra-territorial jurisdiction in respect of such offences in the terms provided by the Convention, and the facility to prosecute or extradite alleged offenders.
10. The Ministry of Justice, Police, New Zealand Defence Force, Ministry of Defence, Security Intelligence Service, Treasury, Reserve Bank, Departments for Courts and of Corrections, Te Puni Kokiri, Customs and the Immigration Service have been consulted.
11. New Zealand may denounce this Convention by written notification to the Secretary-General of the United Nations. Such denunciation would take effect one year following the receipt of the notification by the Secretary-General.
