Partijen en gegevens

The United States of America understands that the term ‘armed conflict’ as used in paragraph 2 of article 2bis of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, and incorporated by article 2 of the 2005 Fixed Platforms Protocol, does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature.

The United States of America understands that the term ‘international humanitarian law,’ as used in paragraphs 1 and 2 of article 2bis of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, and incorporated by article 2 of the 2005 Fixed Platforms Protocol, has the same substantive meaning as the ‘law of war.’

The United States of America understands that, pursuant to paragraph 2 of article 2bis of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, and incorporated by article 2 of the 2005 Fixed Platforms Protocol, the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 2005, does not apply to: (a) the military forces of a State, which are the armed forces of a State organized, trained, and equipped under its internal law for the primary purpose of national defence or security, in the exercise of their official duties; (b) civilians who direct or organize the official activities of military forces of a State; or (c) civilians acting in support of the official activities of the military forces of a State, if the civilians are under the formal command, control, and responsibility of those forces.

The United States of America understands that current United States law with respect to the rights of persons in custody and persons charged with crimes fulfills the requirement in paragraph 2 of article 10 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, and incorporated by article 2 of the 2005 Fixed Platforms Protocol, and, accordingly, the United States does not intend to enact new legislation to fulfill its obligations under this article.

Concerning article 3, paragraph 3 of the present Protocol replacing article 2, paragraph 2 of the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, the French Republic understands ‘threatens’/‘threat’ to mean a threat [Fr. menace] such as it is defined in the conditions provided for by French criminal legislation.

Concerning article 4, paragraph 2 of the present Protocol, which inserts an article 2ter in the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, the French Republic understands ‘attempts to commit an offence’, ‘participates as an accomplice in an offence’ and ‘organizes [the commission of] an offence’ to mean an attempt [Fr. tentative] and participation as an accomplice [Fr. complicité] such as they are defined in the conditions provided for by French criminal legislation.

The French Republic does not consider itself bound by the provisions of article 2 of the present Protocol, which replaces article 1, paragraph 1 of the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, in that they refer to the provisions of article 16, paragraph 1 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, as revised by the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, according to which ‘Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.