THE ARAB CONVENTION 

FOR THE SUPPRESSIONOF TERRORISM

Adopted by the Council of ArabMinisters of the Interior and the Council of Arab Ministers of Justice

Cairo, April 1998

Unofficial translation fromArabic by the United Nations English translation service

Contents:

Preamble
Part I
Part II
Part III
Part IV

The Arab states signatory hereto,

Desiring to promote mutual cooperation in thesuppression of terrorist offences, which pose a threat to the security andstability of the Arab Nation and endanger its vital interests,

Being committed to the highest moral andreligious principles and, in particular, to the tenets of the Islamic Sharia, aswell as to the humanitarian heritage of an Arab Nation that rejects all forms ofviolence and terrorism and advocates the protection of human rights, with whichprecepts the principles of international law conform, based as they are oncooperation among peoples in the promotion of peace,

Being further committed to the Pact of theLeague of Arab States, the Charter of the United Nations and all the otherinternational convents and instruments to which the Contracting States to thisConvention are parties,

Affirming the right of peoples to combat foreignoccupation and aggression by whatever means, including armed struggle, in orderto liberate their territories and secure their right to self-determination, andindependence and to do so in such a manner as to preserve the territorialintegrity of each Arab country, of the foregoing being in accordance with thepurposes and principles of the Charter of the United Nations and with theOrganization's resolutions.

Have agreed to conclude this convention and toinvite any Arab State that did not participate in its conclusion to accedehereto.

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Each of the following terms shall be understoodin the light of the definition give;

1- ContractingState

Any member State of the League of Arab Statesthat has ratified this Convention and that has deposited its instruments ofratification with the General Secretariat of the League.

Any act or threat of violence, whatever itsmotives or purposes, that occurs in the advancement of an individual orcollective criminal agenda and seeking to sow panic among people, causing fearby harming them, or placing their lives, liberty or security in danger, orseeking to cause damage to the environment or to public or private installationsor property or to occupying or seizing them, or seeking to jeopardize a nationalresources.

Any offence or attempted offence committed infurtherance of a terrorist objective in any of the Contracting States, oragainst their nationals, property or interests, that is punishable by theirdomestic law. The offences stipulated in the following conventions, except whereconventions have not been ratified by Contracting States or where offences havebeen excluded by their legislation, shall also be regarded as terrorist offences:

(a) The Tokyo Convention on offences and Certain Other Acts Committed on Board Aircraft, of 14 September 1963;

(b) The Hague Convention for the Suppression of Unlawful Seizure of Aircraft, of 16 December 1970;

(c) The Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, of 23 September 1971, and the Protocol thereto of 10 May 1984;

(d) The Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, of 14 December 1973;

(e) The International Convention against the Taking of Hostages, of 17 December 1979;

(f) The provisions of the United Nations Convention on the Law of the Sea, of 1982, relating to piracy on the high seas.

(a) All cases of struggle by whatever means,including armed struggle, against foreign occupation and aggression forliberation and self-determination, in accordance with the principles ofinternational law, shall not be regarded as an offence. This provision shall notapply to any act prejudicing the territorial integrity of any Arab State.

(b) None of the terrorist offences indicated inthe preceding article shall be regarded as a political offence. In theapplication of this Convention, none of the following offences shall be regardedas a political offence, even if committed for political motives:

(i) Attacks on the kings, Heads of State orrulers of the contracting States or on their spouses and families;

(ii) Attacks on crown princes, vice-presidents,prime ministers or ministers in any of the Contracting States;

(iii) Attacks on persons enjoying diplomaticimmunity, including ambassadors and diplomats serving in or accredited to theContracting States;

(iv) Premeditated murder or theft accompanied bythe use of force directed against individuals, the authorities or means oftransport and communications;

(v) Acts of sabotage and destruction of publicproperty and property assigned to a public service, even if owned by anotherContracting State;

(vi) The manufacture, illicit trade in orpossession of weapons, munitions or explosives, or other items that may be usedto commit terrorist offences.

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Contracting States undertake not to organize,finance or commit terrorist acts or to be accessories thereto in any mannerwhatsoever. In their commitment to the prevention and suppression of terroristoffence in accordance with their domestic laws and procedures, they shallendeavour:

I- Preventivemeasure:

(1) To prevent the use of their territories as abase for planning, organizing, executing, attempting or taking part in terroristcrime in any manner whatsoever. This includes the prevention of terrorists;infiltration into, or residence in their territories either as individuals orgroups, receiving or giving refuge to them, training, arming, financing, orproviding any facilitation to them;

(2) To cooperate and coordinate action amongContracting States, particularly neighbouring countries suffering from similaror common terrorist offences;

(3) To develop and strengthen systems for thedetection of the movement, importation, exportation, stockpilling and use ofweapons, munitions and explosives and of other means of aggression, murder anddestruction as well as procedures for monitoring their passage through customsand across borders in order to prevent their transfer from one Contracting Stateto another or to third-party States other than for lawful purposes;

(4) To develop and strengthen systems concernedwith surveillance procedures and the securing of borders and points of entryoverland and by air in order to prevent illicit entry thereby;

(5) To strengthen mechanisms for the securityand protection of eminent persons, vital installations and means of publictransportation,

(6) To enhance the protection, security andsafety of diplomatic and consular persons and missions and international andregional organizations accredited to Contracting Stages, in accordance with therelevant international agreements, which govern this subject;

(7) To reinforce security-related informationactivities and to coordinate them with those of each State in accordance withits information policy, with a view to exposing the objectives of terroristgroups and organizations, thwarting their schemes and demonstrating the dangerthey pose to security and stability;

(8) To establish, in each Contracting State, adatabase for the accumulation and analysis of information relating to terroristelements, groups, movements and organizations and for the monitoring ofdevelopments with respect to the terrorist phenomenon and of successfulexperiences in counterterrorism, and to keep such information up to date andmake it available to the competent authorities of Contracting States, within thelimits established by the domestic laws and procedures of each State;

1. To arrest the perpetrators of terroristoffences and to prosecute them in accordance with national law or extradite themin accordance with the provision's of this Convention or of any bilateral treatybetween the requesting State and the requested State;

2. To provide effective protection for thoseworking in the criminal justice field;

3. To provide effective protection for sourcesof information concerning terrorist offences and for witnesses thereof;

4. To extend necessary assistance to victims ofterrorism;

5. To establish effective cooperation betweenthe relevant agencies and the public in countering terrorism by, inter alia,establishing appropriate guarantees and incentives to encourage the reporting ofterrorist acts, the provision of information to assist in their investigation,and cooperation in the arrest of perpetrators.

Contracting States shall cooperate for theprevention and suppression

of terrorist offences, in accordance with thedomestic laws and regulations of each State, as set forth hereunder:

1. Contracting States shall undertake to promotethe exchange of information between and among them concerning:

(a) The activities and crimes of terroristgroups and of their leaders and members; their headquarters and training; themeans and sources by which they are funded and armed; the types of weapons,munitions and explosives used by them; and other means of aggression, murder anddestruction;

(b) The means of communication and propagandaused by terrorist groups, their modus operandi; the movements of their leadersand members; and the travel documents that they use.

2. Each contracting State shall undertake tonotify any other Contracting State in an expeditious manner of the informationit has concerning any terrorist offence that takes place in its territory and isintended to harm the interests of that State or of its nationals and to includein such notification statements concerning the circumstances surrounding theoffence, those who committed it, its victims, the losses occasioned by it andthe devices and methods used in its perpetration, to the extent compatible withthe requirements of the investigation and inquiry.

3. Contracting States shall undertake tocooperate with each other in the exchange of information for the suppression ofterrorist offences and promptly to notify other Contracting States of all theinformation or data in their possession that may prevent the occurrence ofterrorist offences in their territory, against their nationals or residents oragainst their interests.

4. Each Contracting State shall undertake tofurnish any other Contracting State with any information or data in itspossession that may:

(a) Assist in the arrest of a person or personsaccused of committing a terrorist offence against the interests of that State orof being implicated in such an offence whether by aiding and abetting, collusionor incitement;

(b) Lead to the seizure of any weapons,munitions or explosives or any devices or funds used or intended for use tocommit a terrorist offence.

5. Contracting States shall undertake tomaintain the confidentiality of the information that they exchange amongthemselves and not to furnish it to any State that is not a Contracting State orany other party without the prior consent of the State that was the source ofthe information.

Contracting States shall undertake to promotecooperation among themselves and to provide assistance with respect to measuresfor the investigation and arrest of fugitives suspected or convicted ofterrorist offences in accordance with the laws and regulations of each state.

1. Contracting States shall cooperate in theconduct and exchange of research studies for the suppression of terroristoffences and shall exchange expertise in the counterterrorism field.

2- Contracting States shall cooperate, withinthe limits of their resources, in providing all possible technical assistancefor the formulation of programmes or the holding of joint training courses ortraining courses intended for one state or for a group of Contracting Sttes, asrequired for the benefit of those working in counterterrorism with the aim ofdeveloping their scientific and practical abilities and enhancing theirperformance.

Contracting States shall undertake to extraditethose indicated for or convicted of terrorist offences whose extradition isrequested by any of these states in accordance with the rules and conditionsstipulated in this convention.

Extradition shall not be permissible in any ofthe following circumstances:

(a) If the offence for which extradition isrequested is regarded under the laws in force in the requested State as anoffence of a political nature;

(b) If the offence for which extradition isrequested relates solely to a dereliction of military duties;

(c) If the offence for which extradition isrequested was committed in the territory of the requested contracting State,except where the offence has harmed the interests of the requesting State andits laws provide for the prosecution and punishment for such offences and wherethe requested State has not initiated any investigation or prosecution;

(d) If a final judgement having the force of resjudicata has been rendered in respect of the offence in the requestedContracting State or in a third Contracting State;

(e) If, on delivery of the request forextradition, proceedings have been terminated or punishment has, under the lawof the requesting State, lapsed because of the passage of time;

(f) If the offence was committed outside theterritory of the requesting State by a person who is not a national of thatState and the law of the requested State does not allow prosecution for the samecategory of offence when committed outside its territory by such a person;

(g) If the requesting State has granted amnestyto perpetrators of offences that include the offence in question;

(h) If the legal system of the requested Statedoes not allow it to extradite its nationals. In this case, the requested Stateshall prosecute any such persons who commit in any of the other ContractingStates a terrorist offence that is punishable in both States by deprivation ofliberty for a period of at least one year or more. The nationality of the personwhose extradition is sought shall be determined as at the date on which theoffence in question was committed, and use shall be made in this regard of theinvestigation conducted by the requesting state.

Should the person whose extradition is sought beunder investigation, on trial or already convicted for another offence in the

requested State, his concluded, the trial iscompleted or the sentence is imposed. The requested State may neverthelessextradite him on an interim basis for questioning or trial provided that he isreturned to that State before serving the sentence imposed on him in therequesting State.

For purposes of the extradition of offendersunder this Convention, no account shall be taken of any difference there may bein the domestic legislation of Contracting States in the legal designation ofthe offence as a felony or a misdemeanour or in the penalty assigned to it,provided that it is punishable under the laws of both States by deprivation ofliberty for a period of at least one year or more.

Each Contracting State may request any otherContracting State to undertake in its territory and on its behalf any judicialprocedure relating to an action arising out of a terrorist offence and, inparticular:

(a) To hear the testimony of witnesses and takedepositions as evidence;

(b) To effect service of judicial documents;

(c) To execute searches and seizures;

(d) To examine and inspect evidence;

(e) To obtain relevant documents and records orcertified copies thereof.

Each of the Contracting States shall undertaketo implement judicial delegations relating to terrorist offences, but suchassistance may be refused in either of the two following cases:

(a) Where the request relates to an offence thatis subject to investigation or prosecution in the requested State;

(b) Where granting the request might beprejudicial to the sovereignty, security or public order of the requested State.

The request for judicial delegation shall begranted promptly in accordance with the provisions of the domestic law of therequested State. The latter may postpone the execution of the request until suchtime as any ongoing investigation or prosecution involving the same matter arecompleted or any compelling reasons for postponement cease to exist, providedthat the requesting State is notified of such postponement.

(a) A measure that is undertaken by means of ajudicial delegation, in accordance with the provisions of this Conventions,shall have the same legal effect as if it had been taken by the competentauthority of the requesting State

(b) The result of implementing the judicialdelegation may be used only for the purpose for which the delegation is issued.

Each contracting State shall provide the otherStates with all possible and necessary assistance for investigations orprosecutions relating to terrorist offences.

(a) Where one of the Contracting States hasjurisdiction to prosecute a person suspected of a terrorist offence, it mayrequest the State in which the suspect is present to take proceedings againsthim for that offence, subject to the agreement of that State and provided thatthe offence is punishable in the prosecuting State by deprivation of liberty fora period of at least one your or more. The requesting state shall, in this event,provide the requested state with all the investigation documents and evidencerelating to the offence.

(b) The investigation or prosecution shall beconducted on the basis of the charge or charges made by the requesting stateagainst the suspect, in accordance with the provisions and procedures of the lawof the prosecuting state.

The submission by the requesting state of arequest for prosecution in accordance with paragraph (a) of the precedingarticle shall entail the suspension of the measures taken by it to pursue,investigate and prosecute the suspect whose prosecution is being requested, withthe exception of those required for the purposes of the judicial cooperation andassistance, or the judicial delegation, sought by the State requested to conductthe prosecution.

(a) The measures taken in either the requestingState or that in which the prosecution takes place shall be subject to the lawof the State in which they are taken and they shall have the force accorded tothem by that law.

(b) The requesting State may try or retry aperson whose prosecution it has requested only if the requested State declinesto prosecute him.

(c) The State requested to take proceedingsshall in all cases undertake to notify the requesting State of what action ithas taken with regard to the request and of the outcome of the investigation orprosecution.

The State requested to take proceedings may takeall the measures and steps established by its law with respect to the accusedboth before the request to take proceedings reaches it and subsequently.

The transfer of competence for prosecution shallnot prejudice the rights of the victim of the offence, who reserves the right toapproach the courts of the requesting State or the prosecuting State with a viewto claiming his civil-law rights as a result of the offence.

(a) If it is decided to extradite the requestedperson, any Contracting State shall undertake to seize and hand over to therequesting State the property used and proceeds derived from or relating to theterrorist offence, whether in the possession of the person whose extradition issought or that of a third party.

(b) Once it has been established that theyrelate to the terrorist offence, the items indicated in the preceding paragraphshall be surrendered even if the person to be extradited is not handed overbecause he has absconded or died or for any other reason.

(c) The provisions of the two precedingparagraphs shall be without prejudice to the rights of any Contracting State orof bona fide third parties in the property or proceeds in question.

The State requested to hand over property andproceeds may take all the precautionary measures necessary to discharge itsobligation to hand them over. It may also retain such property or proceeds on atemporary basis if they are required for pending criminal proceedings or may,for the same reason, hand them over to the requesting State on condition thatthey are returned.

Contracting States shall undertake to have theevidence of any terrorist offence committed in their territory against anotherContracting State examined by their competent agencies, and they may seek theassistance of any other Contracting State in doing so. They shall take thenecessary measures to preserve such evidence and ensure its legal validity. Theyalone shall examination to the State against whose interests the offence wascommitted, and the Contracting State or States whose assistance is sought shallnot pass this information to any third party.

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Requests for extradition shall be made betweenthe competent authorities in the Contracting States directly, through theirministries of justice or the equivalent or through the diplomatic channel.

The request for extradition shall be made inwriting and shall be accompanied by the following:

(a) The original or an authenticated copy of theindictment or detention order or any other documents having the same effect andissued in accordance with the procedure laid down in the law of the requestingState;

(b) A statement of the offences for whichextradition is requested, showing the time and place of their commission, theirlegal designation and a reference to the legal provisions applicable thereto,together with a copy of the relevant provisions;

(c) As accurate a description as possible of theperson whose extradition is sought, together with any other information that mayserve to establish his identity and nationality.

1. The judicial authorities in the requestingState may apply to the requested State by any of the means of writtencommunication for the provisional detention of the person being sought pendingthe presentation of the request for extradition.

2. In this case, the State from whichextradition is requested may detain the person being sought on a provisionalbasis. If the request for extraction is not presented together with thenecessary documents specified in the preceding article, the person whoseextradition is being sought may not be detained for more than 30 days from thedate of his arrest.

The requesting State shall submit a requestaccompanied by the documents specified in article 23 of this Convention. If therequested State determines that the request is in order, its competentauthorities shall grant the request in accordance with its own law and itsdecision shall be promptly communicated to the requesting State.

1. In all of the cases stipulated in the twopreceding articles, the period of provisional detention shall not exceed 60 daysfrom the date of arrest.

2. During the period specified in the precedingparagraph, the possibility of provisional release is not excluded provided thatthe State from which extradition is requested takes any measures it considersnecessary to prevent the escape of the person sought.

3. Such release shall not prevent the rearrestof the person concerned or his extradition if a request for extradition isreceived subsequently.

Should the requested State consider that itrequires supplementary information in order to ascertain whether the conditionsstipulated in this Chapter has been met, it shall notify the requesting Stateaccordingly and a date for the provision of such information shall beestablished.

Should the requested State receive severalrequests for extradition from different States, either for the same offence orfor different offences, it shall make its decision having regard to all thecircumstances and, in particular, the possibility of subsequent extradition, therespective dates o when the requests were received, the relative seriousness ofthe offences and the place where the offences were committed.

Request relating to judicial delegations shallcontain the following information:

(a) The authority presenting the request;

(b) The subject of and reason for the request;

(c) An exact statement, to the extent possible,of the identity and nationality of the person concerned;

(d) A description of the offence in connectionwith which the request for a judicial delegation is being made, its legaldesignation, the penalty established for its commission, and as much informationas possible on the circumstances so as to facilitate the proper functioning ofthe judicial delegation.

1. The request for a judicial delegation shallbe addressed by the Ministry of Justice of the requesting State to the Ministryof Justice of the requested State and shall be returned through the same channel.

2. In case of urgency, the request for ajudicial delegation shall be addressed by the judicial authorities of therequesting State directly to the judicial authorities of the requested State,and a copy of the request shall be sent at the same time to the Ministry ofJustice of the requested State. The request, accompanied by the documentsrelating to its implementation, shall be returned through the channel stipulatedin the preceding paragraph.

3. The request for a judicial delegation may besent by the judicial authorities directly to the competent authority in therequested State, and replies may be forwarded directly through this authority.

Requests for judicial delegation and theiraccompanying documents must be signed and must bear the seal of the competentauthority or be authenticated by it. Such documents shall be exempt from allformalities that may be required by the legislation of the requested State.

Should an authority that receives a request fora judicial delegation not have the competence to deal with it, it shallautomatically refer it to the competent authority in its State. In the event therequest has been sent directly, it shall notify the requesting State in the samemanner.

Every refusal of a request for a judicialdelegation must be accompanied by a statement of the grounds for such refusal.

If, in the estimation of a requesting State, theappearance of a witness or expert before its judicial authority is of particularimportance, it shall indicate this fact in its request. The request or summonsto appear shall indicate the approximate amount of the allowances and the traveland subsistence expenses and shall include an undertaking to pay them. Therequested State shall invite the witness or expert to appear and shall informthe requesting State of the response.

1. A witness or an expert who does not complywith a summons to appear shall not be subject to any penalty or coercive measure,not withstanding any contrary statement in the summons.

2. Where a witness or an expert travels to theterritory of the requesting State of his own accord, he should be summoned toappear in accordance with the provisions of the domestic legislation of thatState.

1. A witness or an expert shall not beprosecuted, detained or subjected to any restrictions on his personal liberty inthe territory of the requesting State in respect of any acts or convictions thatpreceded the person's departure from the requested State, regardless of hisnationality, as long as his appearance before the judicial authorities of thatState is in response to a summons.

2. No witness or expert, regardless of hisnationality, who appears before the judicial authorities of a requesting Statein response to a summons may be prosecuted, detained or subjected to anyrestriction on his personal liberty in the territory of that State in respect ofany acts or convictions not specified in the summons and that preceded theperson's departure from the territory of the requested State.

3. The immunity stipulated in this article shalllapse if the witness or expert sought, being free to leave, remains in theterritory of the requesting State for a period of 30 consecutive days after hispresence is not longer required by the judicial authorities or, having left theterritory of the requesting State, has voluntarily returned.

1. The requesting State shall take all necessarymeasures to protect witnesses and experts from any publicity that might endangerthem, their families or their property as a result of their provision oftestimony or expertise and shall, in particular, guarantee confidentiality withrespect to:

(a) The date, place and means of their arrivalin the requesting state;

(b) Their place of residence, their movementsand the places they frequent;

(c) Their testimony and the information theyprovide before the competent judicial authorities.

2. The requesting State shall undertake toprovide the necessary protection for the security of witnesses and experts andof members of their families that is required by their situation, thecircumstances of the case in connection with which they are sought and the typesof risks that can be anticipated.

1. Where a witness or expert whose appearance,is sought by a requesting State is in custody in the requested State, he may betemporarily transferred to the location of the hearing where he is requested toprovide his testimony under conditions and at times to be determined by therequested State. Such transfer may be refused if:

(a) The witness or expert in custody objects;

(b) His presence is required for criminalproceedings in the territory of the requested State;

(c) His transfer would prolong the term of hisdetention;

(d) There are considerations militating againsthis transfer.

2. The witness or expert thus transferred shallcontinue to be held in custody in the territory of the requesting State untilsuch time as he is returned to the requested State unless the latter Staterequests that he be released.

This Convention is subject to ratification,acceptance or approval by the signatory States, and instruments of ratification,acceptance or approval shall be deposited with the General Secretariat of theLeague of Arab States within 30 days of the date of such ratification,acceptance or approval. The General Secretariat shall notify member States ofthe deposit of each such instrument and of its date.

1- This convention shall enter into force on thethirtieth day after the date as of which instruments of ratification, acceptanceor approval have been deposited by seven Arab States.

2. This Convention shall enter into force forany other Arab State only after the instrument of ratification, acceptance orapproval has been deposited and 30 days have elapsed from the date of thatdeposit.

No Contracting State may make any reservationthat explicitly or implicitly violates the provisions of this Convention or isincompatible with its objectives.

A contracting State may denounce this Conventiononly by written request addressed to the Secretary-General of the League of ArabStates.

Denunciation shall take effect six months fromthe date the request is addressed to the Secretary-General of the League of ArabStates.

The provisions of this Convention shall remainin force in respect of requests submitted before this period expires.

DONE at Cairo, this twenty-second day of April1998, in a single copy, which shall be deposited with the General Secretariat ofthe League of Arab States. A certified copy shall be kept at the GeneralSecretariat of the Council of Arab Ministers of the Interior, and certifiedcopies shall be transmitted to each of the parties that are signatories to thisConvention or that accede hereto.

In witness whereof, the Arab Ministers of theInterior and Ministers of Justice have signed this Convention on behalf of theirrespective states.

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Last revised on 30 March, 2005

Source: Arab Gateway  -  http://www.al-bab.com/arab